The Local Government (Direct Labour Organisations) and Local Government Act 1988 (Competition) (Miscellaneous Amendment) (England) Regulations 1997

Statutory Instruments

1997 No. 561

LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Government (Direct Labour Organisations) and Local Government Act 1988 (Competition) (Miscellaneous Amendment) (England) Regulations 1997

Made

4th March 1997

Laid before Parliament

6th March 1997

Coming into force

27th March 1997

The Secretary of State for the Environment, in exercise of the powers conferred on him by sections 7(4)(b), 7(6), 9(3) and 23(1) of the Local Government, Planning and Land Act 1980(1) and sections 6(3) and 15(6) of the Local Government Act 1988(2), and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Local Government (Direct Labour Organisations) and Local Government Act 1988 (Competition) (Miscellaneous Amendment) (England) Regulations 1997 and shall come into force on 27th March 1997.

Amendment of Regulations: general highway works

2.—(1) The Local Government (Direct Labour Organisations) (Competition) Regulations 1989(3) shall be amended in accordance with the following paragraphs of this regulation.

(2) After regulation 7 (exempted works contracts), insert—

“Exempted works contracts: England

7A.— (1) Section 7(1) of the Act shall not apply to works contracts of the following descriptions—

(a) a contract entered into under section 5 (agreement for local highway authority to maintain and improve certain highways constructed or to be constructed by the Minister) or section 6 (delegation etc. of functions with respect to trunk roads) of the Highways Act 1980(4) for the carrying out of general highway works(5) by a local authority in England; or

(b) a contract entered into under section 1 of the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities)(6) for the carrying out by a local authority in England of general highway works with respect to a trunk road or trunk road connected land.

(2) In this regulation and regulation 9A—

• “trunk road” has the same meaning as in section 329 of the Highways Act 1980; and

• “trunk road connected land” means land which does not form part of a trunk road but which has been acquired in connection with a trunk road under section 239(2) or (4) or section 246 of that Act.”.

(3) In regulation 8 (functional work), for “regulation 9” substitute “regulations 9 and 9A”.

(4) After regulation 9 (exempted functional work), insert—

“Exempted functional work: England

9A.   Regulation 8 shall not apply to general highway works carried out by a local authority in England pursuant to an agreement made under—

(a) section 5 or 6 of the Highways Act 1980; or

(b) section 1 of the Local Authorities (Goods and Services) Act 1970 with respect to a trunk road or trunk road connected land.”.

Amendment of Regulations: local government changes

3.  In regulation 2(1) of the Local Government Act 1988 (Defined Activities) (Competition) (Supervision of Parking, Management of Vehicles and Security Work) (England) Regulations 1994(7) —

(a) in sub-paragraph (a), omit “substantial”; and

(b) after sub-paragraph (c), insert—

“(ca) on or after 1st October 1999 by a local authority subject to a structural change where that structural change takes effect from 1st April 1998; or”.

Signed by authority of the Secretary of State

Paul Beresford

Parliamentary Under-Secretary of State,

Department of the Environment

4th March 1997

Explanatory Note

(This note is not part of the Regulations)

Regulation 2 of these Regulations amend the Local Government (Direct Labour Organisations) (Competition) Regulations 1989 so that local authorities in England are exempt from the competitive tendering requirements of Part III of the Local Government, Planning and Land Act 1980 in respect of works contracts for general highway works entered into under section 5 or 6 of the Highways Act 1980 or, with respect to trunk roads and trunk road connected land, under section 1 of the Local Authorities (Goods and Services) Act 1970. A similar exemption is made in respect of functional work.

Regulation 3 of these Regulations amends the regulations made under Part I of the Local Government Act 1988 in respect of the defined activities of supervision of parking, management of vehicles and security work and provides for the application of section 6 of that Act (functional work: restrictions) from 1st October 1999 to local authorities which are subject to a structural change or a boundary change under the Local Government Act 1992 where the change takes effect from 1st April 1998.

(1)

1980 c. 65.

(2)

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

(3)

S.I. 1989/1588, amended by S.I. 1994/1439.

(4)

1980 c. 66.

(5)

“General highway works” has the same meaning as in section 10(3) of the Local Government, Planning and Land Act 1980, see definition in regulation 2(1) of S.I. 1989/1588.

(6)

1970 c. 39; see S.I. 1996/342 and 1814 for persons who are public bodies by virtue of section 1(5) of that Act for the purposes of agreements relating to trunk roads and trunk road connected land.

(7)

S.I. 1994/3165; amended by S.I. 1995/1326, 2546 and 3108 and 1997/175.