Part III E+W+S Direct Labour Organisations

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)

Functional work E+W+S

8 Meaning of functional work E+W+S

(1) Subject to subsection (2) below, in this Part of this Act “functional work " means mconstruction or maintenance work undertaken by a local authority otherwise than under a works contract or by a development body, for the performance of, or in connection with—

(a) their functions; or

(b) their obligations under any arrangements, agreement or requirement made under any enactment and providing for the discharge by them of any functions of—

(i) a Minister of the Crown; or

[F1 X1 (ii)a water authority; or]

[F1 X1 (ii) a sewerage undertaker; or]

(iii) a local authority within the meaning of Part VI of the M1 Local Government Act 1972 ; or

(iv) a regional, islands or district council; or

(v) a joint board within the meaning of section 235 of the M2 Local Government (Scotland) Act 1973.

(2) Subject to subsection (3) below, where a local authority or development body carry out construction or maintenance work for the performance of, or in connection with, any of their functions or any of their obligations such as are referred to in subsection (1)(b) above by placing a contract for the doing of the work by another person (either directly or, in whole or in part, through sub-contracters) the work shall be treated as not being functional work.

(3) Subsection (2) above shall not apply to work done under a contract if that work is dependent upon, or incidental or preparatory to, other construction or maintenance work undertaken or to be undertaken by persons in the employment of the local authority or development body.

Editorial Information

X1 S. 8(1)(b)(ii) commencing “a sewerage " substituted (E.W.) for para. ii commencing “a water " by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 61(2), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58

Textual Amendments

F1 S. 8(1)(b)(ii) commencing “a sewerage " substituted (E.W.) for para. ii commencing “a water " by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 61(2), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58

Marginal Citations

M1 1972 c. 70 (81:1).

M2 1973 c. 65 ( 81:2).