The Litter Etc. (Transitional Provisions) Regulations 1991

Additional work carried out by local authorities

4.—(1) In this regulation “relevant functional work” does not include any work consisting of the cleaning by a local authority of a highway where that authority did not carry out the cleaning of that highway as functional work before 1st April 1991.

(2) This regulation applies where–

(a) either–

(i) section 6 of the 1988 Act applies to relevant functional work if it is carried out by a local authority on 1st April 1991; or

(ii) that section does not so apply, but a local authority has, before that date, carried out relevant functional work in respect of which each of the six conditions set out in section 7 of the 1988 Act is fulfilled;

(b) the authority carries out relevant functional work in respect of any land or highway on or after that date; and

(c) in order to comply with its duty under section 89 of the 1990 Act, or (in England and Wales) to enable an educational body which is the governing body of an educational institution maintained by the authority to comply with its duty under that section, in respect of that land or highway, the authority is required to carry out more relevant functional work than it carried out before 1st April 1991.

(3) Where this regulation applies, until the relevant date, section 6 of the 1988 Act shall not apply to the additional relevant functional work carried out by the authority in order to enable it to comply with its duty under section 89 of the 1990 Act in respect of the land or highway concerned; but until the relevant date–

(a) the authority shall keep a separate account for each financial year as regards all such additional work which is carried out by it in that year; and

(b) no item relating to that additional work may be entered in any account kept under section 9 of the 1988 Act.

(4) Where this regulation applies in the circumstances described in paragraph (2)(a)(ii), and the local authority carries out additional relevant functional work to which, by virtue of paragraph (3), section 6 of the 1988 Act does not apply, that section shall apply to any other relevant functional work which is carried out on or after 1st April 1991 by that authority and in respect of which the six conditions set out in section 7 of that Act are fulfilled.

(5) Paragraph (6) applies to a local authority if the cost to that authority of carrying out the additional work referred to in paragraph (3) in the period beginning on 1st April 1991 and ending on 30th September 1991 is equal to more than 20% of the cost to that authority of carrying out other relevant functional work in that period.

(6) On or after the relevant date, an authority to which this paragraph applies may not carry out any relevant functional work unless the authority has carried out a further competitive tendering exercise in the course of which each of the first five conditions set out in section 7 of the 1988 Act is fulfilled in respect of that work.

(7) In this regulation, “the relevant date” means the date ascertained in accordance with paragraphs (8) to (10).

(8) In the case of a local authority to which paragraph (6) applies, the relevant date is the date shown in column 2 of the following Table opposite the date in column 1 which is the date as from which section 6 of the 1988 Act first applies to relevant functional work carried out by that authority(1) (other than by virtue of paragraph (4) of this regulation or regulation 5(5)):

TABLE

1	2
1st August 1989	1st October 1992
1st January 1990	1st January 1993
1st August 1990	1st August 1993
1st August 1991	1st August 1993
1st January 1992	1st August 1993.

(9) In the case of a local authority to which paragraph (6) does not apply, the relevant date is the date on or after which, if that authority proposed to continue to carry out relevant functional work, it would be prohibited by section 6 of the 1988 Act from doing so unless it had carried out a further competitive tendering exercise in the course of which each of the first five conditions set out in section 7 of that Act was fulfilled in respect of that work.

(10) Nothing in this regulation shall prevent a local authority from entering into new arrangements in accordance with Part I of the 1988 Act for the carrying out of relevant functional work before the date ascertained in accordance with paragraphs (8) and (9), and where a local authority does so the relevant date shall be the date on which those arrangements come into operation.

(1)

The dates in column 1 are specified: in relation to England by the Local Government Act 1988 (Defined Activities) (Competition) (England) Regulations 1988 (S.I. 1988/1371, as amended by S.I. 1990/2082); in relation to Wales by the Local Government Act 1988 (Defined Activities) (Competition) (Wales) Regulations 1988 (S.I. 1988/1468, as amended by S.I. 1989/138, 1990/2280); and in relation to Scotland by the Local Government Act 1988 (Defined Activities) (Competition) (Scotland) Regulations 1988 (S.I. 1988/1413, as amended by S.I. 1990/2286).