The Local Government Act 1988 (Defined Activities) (Exemption) (Brighton Borough Council and East Yorkshire Borough Council) Order 1994

Statutory Instruments

1994 No. 1167

LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Government Act 1988 (Defined Activities) (Exemption) (Brighton Borough Council and East Yorkshire Borough Council) Order 1994

Made

23rd April 1994

Laid before Parliament

3rd May 1994

Coming into force

24th May 1994

The Secretary of State, in exercise of the powers conferred on him by sections 2(9) and 15(5) of the Local Government Act 1988(1), and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Brighton Borough Council and East Yorkshire Borough Council) Order 1994 and shall come into force on 24th May 1994.

Exemption of defined activities carried out by Brighton Borough Council

2.—(1) The activities mentioned in paragraph (2) shall not be treated as defined activities so long as they are carried out by Brighton Borough Council in their area before 1st April 1995.

(2) The activities are–

(a) collection of refuse;

(b) cleaning under section 2(2)(b) or (c) of the Local Government Act 1988, other than the cleaning of the inside and outside of the windows of the buildings listed in Part I of the Schedule to this Order;

(c) catering undertaken at the sites listed in Part II of that Schedule;

(d) management of sports and leisure facilities undertaken at the Withdean Sports Complex, Tongdean Lane, Brighton;

(e) maintenance of ground undertaken within any of the areas listed in Part III of that Schedule.

Exemption of certain catering by the East Yorkshire Borough Council

3.  Catering by the East Yorkshire Borough Council shall not be treated as a defined activity so long as it is undertaken at the Spa Complex, South Marine Drive, Bridlington before 1st April 1995.

Signed by authority of the Secretary of State

Tony Baldry

Parliamentary Under–Secretary of State,

Department of the Environment

23rd April 1994

Article 2(2)

SCHEDULE

PART I buildings referred to in article 2(2)(b)

• Town Hall, Bartholomew House and Priory House, Bartholomew Square

PART II sites referred to in article 2(2)(c)

• The Dome Complex (Dome Theatre, Pavilion Theatre and Corn Exchange), New Road

• Royal Pavilion Tearooms

• Central Museum and Art Gallery Tearooms, Church Street

• The Brighton Centre, Kings Road

• Stanley Deason Sports Centre, Wilson Avenue

• Elwyn Jones Court, South Woodlands, Patcham

• Town Hall, Bartholomew House and Priory House, Bartholomew Square

PART III areas referred to in article 2(2)(e)

• The wards of Hollingbury, Moulsecoomb, Patcham, Preston, Stanmer and Woodingdean

• In the St Peters and Seven Dials wards, the land to the north of Viaduct Road and Old Shoreham Road

• In the Tenantry ward, the land to the north of Hartington Road and Warren Road

Explanatory Note

(This note is not part of the Order)

Under Part I of the Local Government Act 1988 (competition), work falling within certain defined activities may be carried out by local authorities only if particular conditions are fulfilled.

This Order exempts from the requirements of Part I collection of refuse, cleaning under section 2(2)(b) or (c) in that Part other than the cleaning of the inside and outside of the windows of the buildings listed in Part I of the Schedule, catering at the sites listed in Part II of the Schedule, managing sports and leisure facilities at the Withdean Sports Complex, Tongdean Lane, and maintenance of ground within the areas listed in Part III of the Schedule, so long as they are carried out by Brighton Borough Council, in their area, before 1st April 1995. It also exempts from the requirements of that Part catering by the East Yorkshire Borough Council so long as it is undertaken at the Spa Complex, South Marine Drive, Bridlington before 1st April 1995.

(1)

1988 c. 9.