Modifications etc. (not altering text)
C1Pt. I (ss. 1–16): power to modify conferred by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 97(1)(b)
C2Pt. I (ss. 1-16): power to modify conferred (prosp.) by Local Government Act 1992 (c. 19), ss. 8(5), 30(3)
C3Pt. I (ss. 1-16): applied (with modifications) (temp. from 31.3.1995 to 31.12.2000) by S.I. 1995/678, art. 3, Sch. 1
C4Pt. I (ss. 1-16): power to apply conferred (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4 para. (h)(i); S.I. 1997/1930, art. 3
(1)This section applies for the purposes of this Part.
(2)Each of the following is a defined activity—
(a)collection of refuse,
(b)cleaning of buildings,
(c)other cleaning,
(d)catering for purposes of schools and welfare,
(e)other catering,
[F1(ee)managing sports and leisure facilities;]
(f)maintenance of ground, and
(g)repair and maintenance of vehicles;
and Schedule 1 to this Act applies for the purpose of interpreting the preceding provisions of this subsection.
(3)The Secretary of State may by order provide for an activity to be a defined activity by adding a paragraph to those for the time being appearing in subsection (2) above.
(4)Before making an order under subsection (3) above, the Secretary of State shall consult such representatives of local government as appear to him to be appropriate.
(5)Where work would (apart from this subsection) fall within more than one defined activity it shall be treated as falling only within such one of them as the authority carrying out the work decide.
(6)Work which is carried out by a defined authority through an employee and which would (apart from this subsection) fall within a defined activity shall not do so if it is incidental to the greater part of the work he is employed to do and the greater part does not constitute a defined activity.
(7)If a defined authority carry out work which (apart from this subsection) would not fall within a defined activity, and which in their opinion cannot be carried out efficiently separately from a particular defined activity, the work shall (if they so decide) be treated as falling within that defined activity.
(8)Work which would (apart from this subsection) fall within a defined activity shall not do so if it is calculated to avert, alleviate or eradicate the effects or potential effects of an emergency or disaster (actual or potential) involving or likely to involve danger to life or health or serious damage to or destruction of property.
(9)The Secretary of State may provide by order that any activity specified in the order, if carried out by a defined authority or authorities so specified, shall not be treated as a defined activity so long as conditions so specified are fulfilled.
Subordinate Legislation Made
P1S. 2 for exercises of this power see Index to Government Orders
P2S. 2(9)(with s. 15(5)) power exercised by S.I. 1991/262
P3S. 2(9) (with s. 15(5)) power exercised by S.I. 1991/312
Textual Amendments
F1S. 2(2)(ee) inserted by S.I. 1989/2488, art. 2(1)
Modifications etc. (not altering text)
C5S. 2(2) modified (E.W.) by S.I. 1988/1372, arts. 3–6
C6S. 2(2) modified (S.) by S.I. 1988/1415, arts. 3–6
C7S. 2(2) excluded (E.W.) by S.I. 1988/1469, arts. 3, 4, 6
C8S. 2(2)(b)(d) restricted by S.I. 1990/403, art. 3
C9S. 2(2)(c) excluded (15.3.1991) by S.I. 1991/262, art. 3
S. 2(2)(c) excluded (22.2.1991) by S.I. 1991/312, art. 3
C10S. 2(2)(g) restricted by S.I. 1990/403, art. 3