C1C2Part III Direct Labour Organisations

Annotations:
Modifications etc. (not altering text)
C1

Pt. III (ss. 5-23): power to apply conferred (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4 para. (d)(i); S.I. 1997/1930, art. 3(2)(m)

C2

Pt. III (ss. 5-23) extended (E.W.) (19.9.1995) by 1995 c. 25, ss. 65(7), 125(2), Sch. 8 para. 8(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

General

20 Interpretation of Part III.

C31

In this Part of this Act—

  • “appointed day ” shall be construed in accordance with section 23 below;

  • “construction or maintenance work ” means, subject to subsections (2) F1to (4) below—

    1. a

      building or engineering work involved in the construction, improvement, maintenance or repair of buildings and other structures or in the laying out, construction, improvement, maintenance or repair of highways and other land, and

    2. b

      the gritting of or clearing of snow from highways;

    3. c

      F2the maintenance of street lighting;

  • “development body ” means—

    1. a

      in relation to England and Wales—

      1. i

        the Commission for New Towns;

      2. ii

        a development corporation established under the F3M1New Towns Act 1981 . . . F4

      3. iii

        . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

    2. b

      in relation to Scotland—

      1. i

        any body established under section 3 or 5 of the M2Water (Scotland) Act 1967;

      2. ii

        a development corporation established under the M3New Towns (Scotland) Act 1968; and

      3. iii

        the Scottish Special Housing Association;

    3. c

      in relation to England and Wales and to Scotland, an urban development corporation established under this Act;

  • “DLO revenue account ” has the meaning assigned to it by section 10(1) above;

  • “functional work ” shall be construed in accordance with section 8 above;

  • F5“highway ”, in relation to Scotland, means a road as defined in section 151 of the M4Roads (Scotland) Act 1984;

  • “local authority ” means—

    1. a

      F6in relation to England and Wales—

      1. i

        a county council, a district council, a London borough council, F7the Inner London Education Authority, a joint authority established by Part IV of the M5Local Government Act 1985 or the Council of the Isles of Scilly, or

      2. ii

        The Common Council of the City of London on its capacity as loal authority or police authority;

    2. b

      in relation to Scotland, a regional, islands or district council;

  • “works contract ” has the meaning assigned to it by subsection (1) of section 5 above; and

  • “the 1970 Act ” has the meaning assigned to it by paragraph (a) of that subsection.

2

Notwithstanding anything in subsection (1) above, in this Act “construction or maintenance work " does not include—

a

work relating to parks, gardens, playing fields, open spaces or allotments, except to the extent that the work relates to a building or structure; or

b

the routine maintenance of a specific building or structure or of specific buildings or structures by a person employed wholly or mainly for that purpose;

and a person shall be treated as employed mainly for the purpose referred to in paragraph (b) above if he is employed for that purpose and also to do security work or cleaning work in relation to the building or buildings or structure or structures concerned.

F82A

Notwithstanding anything in subsection (1) above, and without prejudice to subsection (2) above, in the application of this Act to Scotland “construction or maintenance work " in relation to—

a

sewage treatment works (within the meaning of the M6Sewerage (Scotland) Act 1968); or

b

waterworks (within the meaning of the M7Water (Scotland) Act 1980),

does not include works of maintenance (within the meaning of the M8Local Authorities (Goods and Services) Act 1970) by a person employed wholly or mainly in connection with such treatment works or as the case may be waterworks

3

Notwithstanding anything in subsection (1) above, in this Act “construction or maintenance work " does not include work undertaken by a local authority authorised by any enactment to carry on a dock or harbour undertaking if that work is undertaken for the purposes of or in connection with that undertaking.

F94

Notwithstanding anything in subsection (1) above, in this Act “construction or maintenance work " does not include work undertaken by a local authority or a development body pursuant to an agreement made (or having effect as if made) with the Secretary of State on or after 1st April 1982—

a

which is made by virtue of any provision of the Employment and Training Act 1973;

b

which specifies the work to be undertaken by the authority or body; and

c

under which the whole or part of the cost of the work so specified is to be paid by the Secretary of State

F105

If a local authority or development body undertake work which (apart from this subsection)would not fall within construction or maintenance work, and which in their opinion cannot be undertaken efficiently separately from construction or maintenance work, the work shall (if they so decide) be treated as falling within construction or maintenance work.

6

In section 10(3)(c) above and subsection (1) above, in paragraph (c) of the definition of “construction or maintenance work ", “street " (except in relation to Scotland) has the meaning given by section 329(1) of the M9Highways Act 1980 and (in relation to Scotland) means a road as defined in section 25(3) of the M10Local Government and Planning (Scotland) Act 1982.

7

Nothing in sections 19A and 19B above shall prejudice any remedy available to a person (apart from those sections) in respect of failure to observe a provision of this Part of this Act.

21 Exemption of small direct labour organisations from requirements of Part III.

1

This Part of this Act does not apply to a local authority or development body in any year if they did not in the previous year at any one time employ more than thirty persons, other than persons excluded by subsection (2) below, who were engaged (whether wholly or partly) in carrying out construction or maintenance work.

2

The persons excluded by this subsection are persons engaged wholly or mainly upon the design, development or control of construction or maintenance work.

3

The Secretary of State may by order specify for the purposes of subsection (1) above a number of persons less than thirty.

4

The power to make an order conferred by subsection (3) above shall be exercisable by statutory instrument.

5

A statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

6

The Secretary of State may direct that this Part of this Act shall not apply to a local authority or development body in any year if he is satisfied that the only reason why it would apply to that authority or body is that at some time in the previous year the number of their employees engaged in construction or maintenance work exceeded the relevant number because it was necessary to exceed that number in order to carry out urgent construction or maintenance work whose necessity could not reasonably have been foreseen by the authority or body.

7

In subsection (6) above “the relevant number " means thirty or such lesser number as may for the time being be specified for the purposes of subsection (1) above.

F118

In this section “year ” means financial year.

22 Consequential repeal or amendment of local statutory provisions.

1

the Secretary of State may by order—

a

repeal any provision of a local Act passed before or in the same session as this Act or of an order or other instrument made under or confirmed by any Act so passed if it appears to him that the provision is inconsistent with or has become unnecessary in consequence of any provision of this Part of this Act ; and

b

amend any provision of such a local Act, order or instrument if it appears to him that the provision requires amendment in consequence of any provision contained in this Part of this Act or any repeal made by virtue of paragraph (a) above.

2

An order under subsection (1) above may contain such incidental or transitional provisions as the Secretary of State considers appropriate in connection with the order.

3

It shall be the duty of the Secretary of State, before he makes an order under subsection (1) above repealing or amending any provision of a local Act, to consult each local authority which he considers would be affected by the repeal or amendment of that provision.

4

A statutory instrument containing an order under subsection (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

23 Part III—supplementary

1

Any power to make regulations or give directions conferred by this Part of this Act includes power to make different provision in relation to local authorities or development bodies in England, in Wales and in Scotland.

2

Any power to make regulations conferred by this Part of this Act shall be exercisable by statutory instrument.

C4C53

This Part of this Act, except this section, shall come into operation on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different provisions and for different purposes ; and any reference in any provision of this Part of this Act to the appointed day is a reference to the day appointed under this section for the coming into operation of that provision or, if different days are so appointed for different purposes of that provision, the first day so appointed.