Textual Amendments
F1Sch. 1 para. 8 added by S.I. 1989/2488, art. 2(2)
8(1)Subject to sub-paragraphs (2) and (3), managing any of the following facilities, including any of those facilities provided in sports centres or leisure centres or on other premises where facilities not mentioned in this sub-paragraph are also provided, falls within section 2(2)(ee) above—
(a)swimming pools, skating rinks, gymnasia;
(b)tennis courts, squash courts, badminton courts, pitches for team games, athletics grounds;
(c)tracks and centres for bicycles (whether motorised or not), golf courses, putting greens, bowling greens, bowling centres, bowling alleys;
(d)riding centres, courses for horse racing, artificial ski slopes, centres for flying, ballooning or parachuting, and centres for boating or water sports on inland or coastal waters.
(2)Managing any of the facilities described in sub-paragraph (1) shall not fall within section 2(2)(ee) above if the facilities are provided—
(a)on premises not predominantly used for sport or physical recreation;
(b)on premises occupied by educational institutions.
(3)Managing any of the facilities described in sub-paragraph (1) shall not fall within section 2(2)(ee) above—
(a)if that facility is provided—
(i)in England or Wales under section 53 of the Education Act 1944 (whether or not also provided under section 41 of that Act) and whether or not also provided under section 19 of the Local Government (Miscellaneous Provisions) Act 1976; or
(ii)in Scotland under section 6 or 17 of the Education (Scotland) Act 1980, whether or not also provided under section 15(2) of the Local Government and Planning (Scotland) Act 1982; and
(b)(i)where the facility is on premises on which no other facility described in sub-paragraph (1) is provided, if educational institutions have used it exclusively in the immediately preceding financial year for more than 600 hours; or
(ii)where the facility is on premises on which two or more of the facilities described in sub-paragraph (1) are provided, if educational institutions have used exclusively in the immediately preceding financial year facilities of at least half of the descriptions provided (whether concurrently or at different times) and the aggregate periods of their exclusive use in that year of the facilities so described exceeds 600 hours.
(4)For the purposes of sub-paragraph (1), without prejudice to the generality of the term, “managing” includes arranging—
(a)for instruction in the sport or other physical recreational activity provided;
(b)for supervision of the sport or activity;
(c)catering;
(d)the hiring out of equipment for use at the facility;
(e)the marketing and promotion of the facility;
(f)the taking of bookings;
(g)the collection of, and accounting for, fees and charges;
(h)the physical security of the premises;
(j)the cleaning and proper maintenance of the facility other than the external parts of buildings;
and also includes assuming responsibility for heating, lighting and other service charges in relation to the facility.
(5)In this paragraph, “educational institutions”—
in England and Wales, means schools which are county or voluntary schools, or special schools, maintained by the local education authority; and institutions for the provision of higher or further education, or both, which are either maintained by the local education authority or are substantially dependent for their maintenance on assistance from the local education authority; and
in Scotland means public schools, or special schools, under the management of the education authority and any other institutions provided and maintained by the education authority for the provision of further education; and
in England, Wales and Scotland, for the purposes of sub-paragraph (2)(b) only, includes nursery schools.
Valid from 23/06/1994
[F29(1)Subject to paragraph (2), the following (and only the following) fall within section 2(2)(h) above—
(a)dealing with applications for local authority housing once a property has been allocated to the applicant until immediately after the tenancy agreement has been entered into, and dealing with assignments under section 92 of the 1985 Act (assignments by way of exchange) or with assignations to another secure tenant by way of exchange under section 55 of the 1987 Act (assignation of secure tenancy) after the landlord has given his consent;
(b)informing local authority housing tenants of the terms of their tenancies and taking steps to enforce any such terms;
(c)collecting local authority housing rent and service charges, and service charge loan payments arising from such service charges, keeping a suitable record of the sums collected, collecting any arrears, negotiating an agreement for the payment of any arrears, and monitoring compliance with such an agreement;
(d)arranging for the vacating of local authority housing once a tenancy or licence has terminated;
(e)inspecting vacant property, assessing whether works are needed prior to the next letting, ensuring that any such works are carried out and reporting on progress to the landlord;
(f)taking steps to prevent vandalism and unlawful occupation of vacant property, including ensuring that any necessary works are carried out and reporting on progress to the landlord;
(g)taking steps to remove unlawful occupants from local authority housing;
(h)assessing the condition of the common parts of local authority housing, assessing the maintenance, repair, cleaning (including disinfestation) and clearance of such parts that is necessary, ensuring that any necessary works are carried out and reporting on progress to the landlord;
(i)assessing requests for repairs to local authority housing, ensuring that any necessary works are carried out and reporting on progress to the landlord;
(j)carrying out inspections and surveys of local authority housing for the purposes of ascertaining—
(i)its physical condition or state of repair, or
(ii)whether or not such housing is occupied;
(k)assessing claims for compensation under regulations made under section 96 of the 1985 Act F3 or section 60 of the 1987 Act F4(right to carry out repairs) and making recommendations to the landlord;
(l)assessing applications for payment—
(i)under regulations made under section 99A of the 1985 Act or section 58A of the 1987 Act (right to compensation for improvements) F5, or
(ii)under section 100 of the 1985 Act or section 58 of the 1987 Act (power to reimburse cost of work adding to value of property), and making recommendations to the landlord;
(m)operating reception and security services provided at the entrance to local authority housing; and
(n)taking action to control any disturbance in local authority housing or to resolve disputes between occupants, including dealing with such bodies (including appropriate dispute resolution agencies) as may be appropriate.
(2)The activities described in sub-paragraphs (1)(a), (d), (g) and (j)(ii) do not fall within section 2(2)(h) above where they relate to a tenancy or prospective tenancy if—
(a)the tenant is not an individual or, as the case may be, all the tenants are not individuals; or
(b)the tenancy is—
(i)a long tenancy within the meaning of section 115 of the 1985 Act,
(ii)a lease granted in pursuance of the right to acquire on rent to mortgage terms conferred by Part V of the 1985 Act,
(iii)a lease granted on payment of a premium calculated by reference to a percentage of the value of the demised premises or the cost of providing them, or
(iv)a lease under which the tenant (or his personal representatives) will or may be entitled to a sum calculated by reference, direct or indirect, to the value of the demised premises.
(3)In this paragraph—
“the 1985 Act” means the Housing Act 1985 F6;
“the 1987 Act” means the Housing (Scotland) Act 1987 F7;
“local authority housing” means housing accommodation provided by a local authority under Part II of the 1985 Act, or, as regards Scotland, under Part I of the 1987 Act, including—
garages, parking spaces and outhouses provided in connection with such housing accommodation and usually enjoyed with it, and
common parts of buildings containing two or more dwelling-houses,
but excluding hostels as defined in section 622 of the 1985 Act or section 2(5) of the 1987 Act;
“secure tenancy” has the same meaning as in section 79 of the 1985 Act or section 44 of the 1987 Act (secure tenancies);
“service charge” means an amount payable by a tenant of premises which is payable, directly or indirectly, for services, repairs, maintenance or insurance or the landlord’s costs of management;
“tenancy” has the same meaning as in section 621 of the 1985 Act or section 82 of the 1987 Act, and also includes a secure tenancy, and “tenant” shall be construed accordingly; and
“vacant property” means housing accommodation provided by a local authority (including garages, parking spaces and outhouses provided in connection with such housing accommodation and usually enjoyed with it) which is unoccupied, whether by reason of the termination of a secure tenancy or otherwise.]
Textual Amendments
F2Sch. 1 para. 9 inserted (23.6.1994) by S.I. 1994/1671, art. 2(2)
F3Section 96 was substituted by section 121 of the Leasehold Reform, Housing and Urban Development Act 1993 (c.28).
F4Section 60 was substituted by section 146 of the Leasehold Reform, Housing and Urban Development Act 1993
F5Section 99A was inserted by section 122 of the Leasehold Reform, Housing and Urban Development Act 1993; section 58A was inserted by section 147 of that Act; section 100 was amended by paragraph 16(1) and (2) of Schedule 3 to the Housing and Planning Act 1986 (c.63) and paragraph 66 of Schedule 11 to the Local Government and Housing Act 1989 (c.42).
Valid from 10/11/1994
[F810(1)The following (and only the following) fall within section 2(2)(i) above—
(a)operating security controls in relation to persons entering or leaving land which is occupied by a defined authority or in which such an authority has an interest, or moving between different parts of such land; and
(b)operating security patrols in respect of such land.
(2)In sub-paragraph (1) above the references to land which is occupied by a defined authority or in which such an authority has an interest do not include references to—
(a)any library, museum or art gallery;
(b)any police establishment; or
(c)in the case of the references in paragraph (a), any dwelling or residential establishment.
(3)In sub-paragraph (2) above the reference to a library, museum or art gallery is a reference to—
(a)one maintained under the Public Libraries and Museums Act 1964 F9; or
(b)one established under the Public Libraries Consolidation (Scotland) Act 1887 F10, or one to which that Act applies.
(4)In sub-paragraph (2) above “police establishment”, “dwelling” and, subject to sub-paragraph (5) below, “residential establishment” have the same meanings as in paragraph 2(2) above.
(5)In sub-paragraph (2) above “residential establishment” includes, in relation to Scotland, a hostel provided under section 13 of the Education (Scotland) Act 1980 F11.]
Textual Amendments
F8Sch. 1 para. 10 inserted (10.11.1994) by S.I. 1994/2884, art. 2(4)
Valid from 10/11/1994
[F1211(1)The provision of legal services by legal staff falls within section 2(2)(j) above.
(2)For the purposes of sub-paragraph (1) above, without prejudice to the generality of the term, “legal services” includes—
(a)legal advice to any of the following, namely—
(i)a defined authority or its elected members;
(ii)any committee or sub-committee of a defined authority, or any other group of persons which reports to such an authority, committee or sub-committee; and
(iii)any officer or department of a defined authority;
(b)legal advice to any other person in relation to the discharge of any functions of a defined authority;
(c)legal work in or in connection with any criminal or civil proceedings before any court or tribunal or at any inquiry;
(d)conveyancing work in relation to property of any kind;
(e)legal work in connection with any of the following, namely—
(i)contracts or agreements of any kind;
(ii)matters relating to property of any kind;
(iii)a defined authority’s insurance arrangements;
(iv)statutory orders, notices and byelaws and, in Scotland, management rules under sections 112 to 118 of the Civic Government (Scotland) Act 1982 F13; and
(v)local or personal Bills or, in Scotland, private legislation within the meaning of section 82 of the Local Government (Scotland) Act 1973 F14; and
(f)legal work in connection with the provision of a legal service for a defined authority otherwise than by a member of its own staff.
(3)In sub-paragraph (1) above “legal staff” means any of the following, or any person under their management or control, namely—
(a)solicitors, legal executives, barristers and advocates;
(b)licensed conveyancers within the meaning of the Administration of Justice Act 1985 F15; and
(c)qualified conveyancers within the meaning of section 23 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 F16.]
[F1712(1)The provision of construction and property services in connection with the development, maintenance or management of relevant land falls within section 2(2)(k) above.
(2)For the purposes of sub-paragraph (1) above, “construction and property services” means services in any of the following fields, namely–
(a)architecture (including landscape architecture);
(b)engineering;
(c)valuation;
(d)property management; and
(e)surveying (including quantity and building surveying), being services which fall within sub-paragraph (3) below and are not excluded by sub-paragraph (4) below.
(3)Services fall within this sub-paragraph if they consist of or are provided for the purposes of, or in connection with, any of the following, namely–
(a)the giving of advice to any of the following–
(i)a defined authority or its elected members;
(ii)any committee or sub-committee of a defined authority, or any other group of persons which reports to such an authority, committee or sub-committee; and
(iii)any officer or department of a defined authority;
(b)the giving of advice to any other person in relation to the discharge of any functions of a defined authority;
(c)the establishment and management of capital and revenue programmes for the development and maintenance of relevant land;
(d)the design and planning of development projects and maintenance work, including feasibility studies, investigatory work and the preparation of plans, costings and reports;
(e)the management of such projects and such work, including finance and contract management;
(f)the management of relevant land, excluding the management of local authority housing (as defined in paragraph 9 above); and
(g)the procuring, monitoring or supervision of, or the arranging of payment for, any services which fall within paragraphs (a) to (f) above and are provided for a defined authority by any person.
(4)The following services are excluded by this sub-paragraph–
(a)any services provided in pursuance of section 6 of the Highways Act 1980 F18 (delegation etc of functions with respect to trunk roads) or in pursuance of section 4 of the Roads (Scotland) Act 1984 F19 (agreements between authorities); and
(b)any services provided for the purposes of, or in conection with, sewerage functions carried out on behalf of sewerage undertakers in pursuance of arrangements entered into for the purposes of section 97 of the Water Industry Act 1991 F20.
(5)The following are “relevant land” for the purposes of this paragraph–
(a)land which is occupied by a defined authority;
(b)land in which such an authority has or is seeking to acquire an interest;
(c)land for the maintenance or management of which such an authority assumes responsibility by agreement;
(d)highways for which such an authority is the highway authority and which are maintainable at the public expense; and
(e)public roads within the meaning of the Roads (Scotland) Act 1984 in relation to which such an authority is the local roads authority.]
Textual Amendments
F17Sch. 1 para. 12 inserted (11.11.1994) by S.I. 1994/2888, art. 2(2)