8 Meaning of functional workE+W
(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(ii)a sewerage undertaker; or]
(iii)a local authority within the meaning of Part VI of the M1Local Government Act 1972 ; or
(iv)[F2council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]; or
(v)a joint board within the meaning of section 235 of the M2Local 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.
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F1S. 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
F2Words in s. 8(1)(b)(iv) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 120(3); S.I. 1996/323, art. 4(1)(c)
Marginal Citations
M11972 c. 70 (81:1).
M21973 c. 65 ( 81:2).
8 Meaning of functional workS
(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
F3. . .
(iii)a local authority within the meaning of Part VI of the M3Local Government Act 1972 ; or
(iv)[F4council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]; or
(v)a joint board within the meaning of section 235 of the M4Local 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.
Extent Information
E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
Textual Amendments
F3Words in s. 8(1)(b) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2
F4Words in s. 8(1)(b)(iv) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 120(3); S.I. 1996/323, art. 4(1)(c)
Marginal Citations
M31972 c. 70 (81:1).
M41973 c. 65 ( 81:2).