The Local Government Act 1988 (Supervision of Parking) (Exemption) (Scotland) Order 1994

Statutory Instruments

1994 No. 3107 (S.168)

LOCAL GOVERNMENT, SCOTLAND

The Local Government Act 1988 (Supervision of Parking) (Exemption) (Scotland) Order 1994

Made

6th December 1994

Laid before Parliament

9th December 1994

Coming into force

31st December 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 (Supervision of Parking) (Exemption) (Scotland) Order 1994 and shall come into force on 31st December 1994.

Exemption of supervision of parking in respect of works contracts

2.  Supervision of parking within the meaning of section 2(2)(ff) of the Local Government Act 1988(2) by a defined authority in Scotland shall not be treated as a defined activity so long as it is proposed to be carried out under a works contract within the meaning of section 3 of that Act.

Allan Stewart

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

6th December 1994

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 defined authorities (in terms of section 1 of that Act) only if particular conditions relating to competitive tendering are fulfilled. Supervision of parking was made a defined activity by the Local Government Act 1988 (Competition) (Defined Activities) Order 1994 (S.I. 1994/2884).

This Order exempts from the requirements of Part I supervision of parking carried out by a defined authority in Scotland so long as it is proposed to be carried out for another party under a works contract within the meaning of section 3 of that Act. In relation to functional work of a defined authority, regulations under section 6 of the 1988 Act, which would apply the provisions of Part I of that Act, have not been made.

(1)

1988 c. 9; seesection 1(1) for the meaning of “defined authority”.

(2)

Section 2(2)(ff) was inserted by article 2(1)(a) of the Local Government Act 1988 (Competition) (Defined Activities) Order 1994 (S.I. 1994/2884).