The Litter Etc. (Transitional Provisions) Regulations 1991

Highway cleaning: works contracts

6.—(1) In this regulation–

“the cleaning authority”, in relation to any highway, means the local authority which carried out the cleaning of that highway immediately before 1st April 1991, either in its capacity as the highway authority or on behalf of the highway authority;

“the duty authority”, in relation to any highway, means the local authority whose duty it is under section 89(2) of the 1990 Act on and after 1st April 1991 to ensure that that highway is, so far as is practicable, kept clean, but which is not the highway authority for that highway;

“previous work”, in relation to any highway, means work carried out immediately before 1st April 1991 and consisting of the cleaning of that highway;

“the relevant date” means–

(a)

where the cleaning authority carried out the previous work for another authority under a works contract, the date of expiry of the period during which that contract required the work to be carried out;

(b)

where the cleaning authority carried out the previous work as functional work, the date after which, if that authority had proposed to continue to carry out work consisting of the cleaning of the highway concerned, it would have been prohibited by section 6 of the 1988 Act from doing so unless it had carried out a competitive tendering exercise (or, if each of the six conditions set out in section 7 of that Act was fulfilled in respect of the previous work, a further competitive tendering exercise) in the course of which each of the first five conditions set out in section 7 of that Act was fulfilled in respect of that work.

(2) This regulation applies where–

(a) the cleaning authority and the duty authority propose to enter into a contract under which the cleaning authority is to carry out the cleaning of a highway for the duty authority on or after 1st April 1991; and

(b) that contract does not provide for the cleaning authority to carry out work after the relevant date.

(3) Where this regulation applies, subsection (1) of section 4 of the 1988 Act shall not apply to the proposed contract, but–

(a) the proposed contract shall for all other purposes of that Act be one to which that section applies; and

(b) if section 6 of that Act applied to the previous work when it was carried out before 1st April 1991 by the cleaning authority, or if that work was carried out before that date by the cleaning authority under a works contract to which section 4 of that Act applied, the cleaning authority shall, in respect of the proposed contract, enter in the appropriate account kept under section 9 of that Act the items which it would have been required to enter if it had continued to carry out the previous work as functional work or, as the case may be, under the works contract and no other items.