The Local Government Act 1988 (Competition) (Housing Management) (England) Regulations 1994

Statutory Instruments

1994 No. 2297

LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Government Act 1988 (Competition) (Housing Management) (England) Regulations 1994

Made

30th August 1994

Laid before Parliament

13th September 1994

Coming into force

4th October 1994

The Secretary of State, in exercise of the powers conferred on him by sections 6(3) and 15(6) and (7) of the Local Government Act 1988(1), and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Local Government Act 1988 (Competition) (Housing Management) (England) Regulations 1994 and shall come into force on 4th October 1994.

(2) These Regulations apply to district councils in England, London borough councils, the Common Council of the City of London in its capacity as local authority and the Council of the Isles of Scilly.

Interpretation

2.  In these Regulations—

“the Act” means the Local Government Act 1988;

“the permitted period” means a period of five years beginning on the date on which work was awarded;

“the specified proportion” means an amount equal to the product of the following formula—

where—

T

=

the total annual cost (including overheads) to an authority to which these Regulations apply of the specified work,

A

=

an amount, expressed as a sum of money, produced by calculating the percentage of T shown in the Table in Part I of the Schedule to these Regulations against the appropriate Band for the financial year in question, and the authorities are divided into Bands in accordance with Part II of the Schedule,

B

=

for the permitted period, an amount equal to the total annual cost (including overheads) of specified work which is being carried out by an authority to which these Regulations apply following voluntary competitive tendering;

“specified work” means work of any description falling within the defined activity mentioned in section 2(2)(h) of the Act (housing management) other than work carried out under a works contract in relation to which the authority in question were the bidding authority;

“voluntary competitive tendering” means the awarding of work, before 1st September 1994, following a competitive process in the course of which at least three persons who are not authorities to which these Regulations apply were invited to tender for that work.

Application of section 6

3.  Section 6 of the Act shall apply to the specified proportion of any specified work if it is proposed to be carried out on or after 1st April 1996 by an authority to which these Regulations apply.

David Curry

Minister of State,

Department of the Environment

30th August 1994

Regulation 2

SCHEDULE

PART I TABLE OF BANDS

	Financial year beginning 1st April 1996	Financial year beginning 1st April 1997	Financial year beginning 1st April 1998 and all subsequent financial years
Band I authorities	5%	5%	5%
Band II authorities	100%	5%	5%
Band III authorities	40%	5%	5%
Band IV authorities	100%	40%	5%
Band V authorities	60%	30%	5%

PART II BANDING OF LOCAL AUTHORITIES TO WHICH THESE REGULATIONS APPLY

1.  A Band I authority is any authority to which these Regulations apply which is not a Band II, III, IV or V authority.

2.  The Common Council of the City of London and the councils of the following areas are Band II authorities:

• the District of Adur

• the District of Allerdale

• the District of Alnwick

• the District of Arun

• the District of Aylesbury Vale

• the Borough of Barrow in Furness

• the Borough of Basingstoke and Deane

• the District of Bassetlaw

• the City of Bath

• the Borough of Berwick upon Tweed

• the Borough of Beverley

• the London Borough of Bexley

• the District of Blaby

• the Borough of Blyth Valley

• the District of Bolsover

• the Borough of Boothferry

• the Borough of Bournemouth

• the Borough of Bracknell Forest

• the District of Braintree

• the Borough of Bury

• the City of Cambridge

• the District of Cannock Chase

• the District of Caradon

• the District of Carrick

• the Borough of Castle Morpeth

• the District of Castle Point

• the Borough of Charnwood

• the Borough of Chelmsford

• the District of Cherwell

• the District of Chester le Street

• the Borough of Chorley

• the Borough of Colchester

• the District of Corby

• the District of Craven

• the Borough of Crewe and Nantwich

• the Borough of Dacorum

• the District of Derbyshire Dales

• the District of Derwentside

• the City of Durham

• the District of East Cambridgeshire

• the District of East Devon

• the District of East Dorset

• the District of East Hertfordshire

• the District of East Staffordshire

• the Borough of Elmbridge

• the District of Epping Forest

• the Borough of Fylde

• the Borough of Gillingham

• the Borough of Glanford

• the Borough of Gravesham

• the Borough of Great Grimsby

• the Borough of Great Yarmouth

• the Borough of Guildford

• the Borough of Halton

• the District of Hambleton

• the Borough of Harrogate

• the London Borough of Harrow

• the District of Hart

• the Borough of Hartlepool

• the Borough of Havant

• the Borough of Hertsmere

• the Borough of High Peak

• the Borough of Hinckley and Bosworth

• the Borough of Holderness

• the District of Horsham

• the District of Huntingdonshire

• the Borough of Kettering

• the Borough of King’s Lynn and West Norfolk

• the Royal Borough of Kingston upon Thames

• the District of Leominster

• the City of Lincoln

• the District of Maldon

• the Borough of Medina

• the District of Mendip

• the District of Mid Sussex

• the District of Mole Valley

• the Borough of Newcastle under Lyme

• the District of North Cornwall

• the District of North Dorset

• the District of North East Derbyshire

• the District of North Kesteven

• the District of North Shropshire

• the Borough of North Warwickshire

• the Borough of Nuneaton and Bedworth

• the Borough of Preston

• the Borough of Reading

• the London Borough of Redbridge

• the Borough of Reigate and Banstead

• the Borough of Restormel

• the Borough of Ribble Valley

• the District of Richmondshire

• the Borough of Rugby

• the Borough of Runnymede

• the Borough of Rushcliffe

• the City and District of Saint Albans

• the District of Sevenoaks

• the Borough of Shrewsbury and Atcham

• the District of South Bedfordshire

• the District of South Buckinghamshire

• the District of South Cambridgeshire

• the District of South Holland

• the District of South Norfolk

• the District of South Oxfordshire

• the District of South Staffordshire

• the Borough of South Wight

• the Borough of Southend on Sea

• the District of Staffordshire Moorlands

• the District of Suffolk Coastal

• the District of Tandridge

• the Borough of Taunton Deane

• the District of Tendring

• the Borough of Tewkesbury

• the Borough of Thamesdown

• the Borough of Thurrock

• the Borough of Tonbridge and Malling

• the Borough of Trafford

• the District of Tynedale

• the District of Uttlesford

• the District of Vale of White Horse

• the District of Wansbeck

• the District of Warwick

• the Borough of Watford

• the Borough of Wellingborough

• the District of West Lindsey

• the District of West Oxfordshire

• the Borough of Woking

• the District of Woodspring

• the City of Worcester

• the District of Wycombe and

• the City of York.

3.  The councils of the following areas are Band III authorities:

• the London Borough of Barnet

• the Borough of Barnsley

• the Borough of Bolton

• the London Borough of Brent

• the City of Coventry

• the City of Derby

• the London Borough of Haringey

• the London Borough of Havering

• the London Borough of Hillingdon

• the Borough of Knowsley

• the Borough of Milton Keynes

• the Borough of North Tyneside

• the City of Norwich

• the City of Plymouth

• the City of Portsmouth

• the Borough of Rochdale

• the Borough of Saint Helens

• the Borough of South Tyneside

• the City of Southampton

• the City of Westminster

• the Borough of Wirral and

• the District of The Wrekin.

4.  The councils of the following areas are Band IV authorities:

• the London Borough of Barking and Dagenham

• the District of Basildon

• the London Borough of Croydon

• the Borough of Doncaster

• the London Borough of Ealing

• the District of Easington

• the London Borough of Enfield

• the London Borough of Hammersmith and Fulham

• the London Borough of Hounslow

• the Borough of Middlesbrough

• the Borough of Northampton

• the Borough of Oldham

• the Borough of Sefton

• the Borough of Stockton on Tees

• the City of Stoke on Trent

• the Borough of Tameside

• the London Borough of Waltham Forest and

• the Borough of Wigan.

5.  The councils of the following areas are Band V authorities:

• the City of Birmingham

• the City of Bradford

• the City of Bristol

• the London Borough of Camden

• the Borough of Dudley

• the Borough of Gateshead

• the London Borough of Greenwich

• the London Borough of Hackney

• the London Borough of Islington

• the City of Kingston upon Hull

• the Borough of Kirklees

• the London Borough of Lambeth

• the City of Leeds

• the City of Leicester

• the London Borough of Lewisham

• the City of Liverpool

• the City of Manchester

• the City of Newcastle upon Tyne

• the London Borough of Newham

• the City of Nottingham

• the Borough of Rotherham

• the City of Salford

• the Borough of Sandwell

• the City of Sheffield

• the London Borough of Southwark

• the City of Sunderland

• the London Borough of Tower Hamlets

• the City of Wakefield

• the Borough of Walsall

• the London Borough of Wandsworth and

• the Borough of Wolverhampton.

Explanatory Note

(This note is not part of the Regulations)

Section 6(3) of the Local Government Act 1988 enables the Secretarty of State to require that an authority mentioned in section 1(1) of the Act (a defined authority) may only carry out functional work falling within an activity listed in section 2(2) of the Act (a defined activity) after subjecting the work to competition.

These Regulations require the defined authorities mentioned in article 1(2) to subject work falling within the activity of housing management to competition. The authorities are placed in one of five bands, and the proportion of work which has to be subjected to competition in any financial year is dependent upon the band in which the authority falls and for a limited period the amount of work, if any, which the authority has voluntarily subjected to competition.

(1)

1988 c. 9. Section 6 is amended by paragraph 12 of Schedule 1 to the Local Government Act 1992 (c. 19).