The Local Government (Direct Labour Organisations) (Competition) (Scotland) Regulations 1990

Interpretation

2.—(1) In these Regulations—

“the Act” means the Local Government, Planning and Land Act 1980;

“contractual highway work”, means general highway works carried out by a local auth ority or development body by that authority’s or body’s placing of a contract with another person for the doing of the work by that other person (either directly or, in whole or in part, through subcontractors) which contract provides, or provides principally, for the carrying out of general highway works, the value of which does not exceed £25,000;

“development body” has the same meaning as at (b) and (c) of that definition in section 20(1) of the Act((1));

“DLO revenue account” has the meaning assigned to it by section 10(1) of the Act;

“emergency work” means work of any description the necessity for which could not reasonably have been foreseen by the local authority or development body concerned and which is—

(a)

required to avert, alleviate or eradicate in their area, or any part of it, the effects or potential effects of any emergency or disaster which involves or is likely to involve risk of serious damage to or destruction of property or risk of injury or danger to health or life; and

(b)

required to be put in hand as a matter of urgency within 48 hours of the emergency or disaster occurring; and

(c)

not work on a scale or of a nature normally undertaken by that authority or develop ment body.

“estimated cost” in relation to a job, means the aggregate of the amounts which a local authority or development body will credit to their DLO revenue account in respect of the carrying out of all the items of construction or maintenance work comprised in that job—

(a)

so far as such amounts will fall to be determined in accordance with a written statement prepared in compliance with section 9(2)(a) of the Act, as so determined; and

(b)

so far as such amounts will fall to be determined in accordance with a method specified in a written statement prepared in accordance with section 9(2)(b) of the Act, as estimated in accordance with that method;

“functional work” has the meaning given to it in section 8 of the Act;

“general highway works” has the meaning given to it in section 10(3)((2)) of the Act;

“job” means all the functional work which can reasonably be carried out most econom ically and efficiently under one arrangement;

“local authority” has the same meaning as at (b) of that definition in section 20(1) of the Act;

“relevant highway work” means general highway works comprised in a works contract which provides, or provides principally for, or in a job which consists, or consists princip ally of, general highway works, and for which the value of the contract or the estimated cost of the job does not exceed £25,000;

“works contract” has the meaning given to it in section 5 of the Act;

“works of maintenance” means works of maintenance within the meaning of the Local Authorities (Goods and Services) Act 1970((3)) not being general highway works or works of maintenance in connection with water and sewerage works; and

“works of new construction” means building or civil engineering works of any description not being general highway works, general water and sewerage works or works of mainten ance.

(2) Subject to paragraph (3) below, in ascertaining for the purposes of these Regulations the description of work for which a contract principally provides, or of which a job principally consists, regard shall be had only to—

(a) the value of the contract so far as it is attributable to works of each description mentioned in paragraphs (a) to (d) of regulation 3 and comprised in the contract; or

(b) the estimated cost of the job so far as it is attributable to works of each description mentioned in paragraphs (a) to (d) of regulation 3 and comprised in the job,

and if the value of the contract or the estimated cost of the job so far as attributable to works of two or more descriptions is the same, that contract or job shall be treated as providing principally for works of each of those descriptions.

(3) In ascertaining for the purposes of paragraph (2) above or of regulation 6 or 8 the description of work for which a contract principally provides, or of which a job principally consists, no regard shall be had to the value of the contract or the estimated cost of the job so far as in either case it is attributable to general water and sewerage works.

(4) Any reference in these Regulations—

(a) to a numbered regulation is a reference to the regulation in these Regulations bearing that number; and

(b) to a numbered paragraph in a regulation is a reference to the paragraph in that regulation bearing that number.

(1)

In section 20(1) of the 1980 Act, section 3 of the Water (Scotland) Act 1967 (c. 78) should now be read with section 80(1) of the Water (Scotland) Act 1980 (c. 45); the power under section 5 of the Water (Scotland) Act 1967 was never exercised and has been replaced by section 82 of the Water (Scotland) Act 1980; the Scottish Special Housing Association has been replaced by Scottish Homes, for which see the Housing (Scotland) Act 1988 (c. 43) Schedule 2, paragraph 1.

(2)

Section 10(3) was amended by the Local Government Act 1988 (c. 9), Schedule 6, paragraph 4.

(3)

1970 c. 39.