The Local Government Act 1988 (Defined Activities) (Specified Periods) (Scotland) Regulations 1988

Statutory Instruments

1988 No. 1414 (S.131)

LOCAL GOVERNMENT, SCOTLAND

The Local Government Act 1988 (Defined Activities) (Specified Periods) (Scotland) Regulations 1988

Made

8th August 1988

Laid before Parliament

11th August 1988

Coming into force

1st September 1988

The Secretary of State, in exercise of the powers conferred on him by sections 8(1) and 15(6) of the Local Government Act 1988 (1) and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Local Government Act 1988 (Defined Activities) (Specified Periods) (Scotland) Regulations 1988 and shall come into force on 1st September 1988.

Application

2.  These Regulations apply only to work to be carried out in Scotland.

Specified periods

3.—(1) In the case of an authority specified in Part I of Schedule 1 hereto, the second condition, set out in section 7(3) of the Local Government Act 1988, shall not be treated as fulfilled as respects an activity mentioned in the first column of Part II of that Schedule if the period stated in the detailed specification by virtue of section 7(3)(c) is less than the period mentioned in the second column of that Part or exceeds the period mentioned in the third column.

(2) In the case of an authority specified in Part I of Schedule 2 hereto, the said condition shall not be treated as fulfilled as respects an activity mentioned in the first column of Part II of that Schedule if the period so stated is less than the period mentioned in the second column of that Part or exceeds the period mentioned in the third column.

Ian Lang

Minister of State, Scottish Office

St Andrew’s House,

Edinburgh

8th August 1988

Regulation 3(1)

SCHEDULE 1

PART I AUTHORITIES

• A Regional Council

• An Islands Area Council

PART II SPECIFIED PERIODS

Activity	Minimum period years	Maximum period years
(1)	(2)	(3)
Collection of refuse	5	7
Cleaning of buildings	3	4
Other cleaning	4	6
Catering for purpose of schools and welfare	4	5
Other catering	4	6
Maintenance of ground	3	4
Repair and maintenance of vehicles	4	6

Regulation 3(2)

SCHEDULE 2

PART I AUTHORITIES

• A district council

• Any joint board or joint committee within the meaning of section 235 of the Local Government (Scotland) Act 1973 (2)

• A development corporation established for the purposes of a new town

• A water development board

PART II SPECIFIED PERIODS

Activity	Minimum period years	Maximum period years
(1)	(2)	(3)
Collection of refuse	5	7
Cleaning of buildings	4	6
Other cleaning	4	6
Catering for purposes of schools and welfare	4	6
Other catering	4	6
Maintenance of ground	4	6
Repair and maintenance of vehicles	4	6

Explanatory Note

(This note is not part of these Regulations)

These Regulations specify the minimum and maximum periods for which certain authorities may invite offers to carry out work in respect of activities which must be open to competition under Part I of the Local Government Act 1988.

Section 6 of the 1988 Act provides restrictions on functional work (as defined in that Act) to be carried out by certain authorities after a specified date. The Local Government Act 1988 (Defined Activities) (Competition) (Scotland) Regulations 1988 (S.I. 1988/1413) specify, in respect of certain types of work in relation to certain authorities, various dates, the earliest of which is 1st August 1989. These Regulations relate to conditions to be met from the dates specified in those Regulations.

(1)

1988 c. 9

(2)

1973 c. 65