Explanatory Note

(This note is not part of the Regulations)

Part III of the Local Government, Planning and Land Act 1980 (“the 1980 Act”) requires local authorities (including authorities who are treated as local authorities for that purpose) and development bodies, before undertaking construction or maintenance work through their direct labour organisations (DLOs), to have satisfied certain requirements as respects competitive tendering.

The Local Authorities (Direct Labour Organisations) (Competition) (Wales) Regulations 1997 (S.I. 1997/999) (“the principal Regulations”) require local authorities in Wales to satisfy the competitive tendering provisions of Part III of the 1980 Act in relation to various descriptions of works contracts and functional work (namely, works of new construction, general highway works, the construction or maintenance of a sewer and works of maintenance) entered into or, as the case may be, carried out on or after 1st October 1997. The present Regulations amend the principal Regulations so that they will now apply in relation to works of new construction from 1st October 1998 and in relation to general highways works, the construction or maintenance of a sewer and works of maintenance from 1st January 1999. In consequence, the Local Government Planning and Land Act 1980 (Competition) (Wales) Regulations 1994 (S.I. 1994/338), which are disapplied by regulation 12 of the principal Regulations, will now continue to apply to works contracts and functional work, entered into or, as the case may be, carried out before 1st October 1998 (in relation to works of new construction) and before 1st January 1999 (in relation to general highway works, the construction or maintenance of a sewer and works of maintenance).