The Local Government Act 1988 (Defined Activities) (Exemptions) (Wales) (Amendment) Order 1998

Amendments of the 1994 Order

2.—(1) The 1994 Order shall be amended in accordance with the following provisions of this article.

(2) In article 4(1) (defined activity exemption conditions)–

(a) for “Subject to paragraphs (4) and (5),” substitute “Except in a case to which article 5(1) applies,”;

(b) in sub-paragraph (a) for “31st March 1999” substitute “31st March 2000”; and

(c) in sub-paragraph (b) for “31st May 1999” substitute “31st May 2000”.

(3) Omit paragraphs (4) and (5).

(4) After article 4 add the following–

“5.— (1) This paragraph applies in relation to work carried out–

(a) after 31st March 1997 by a defined authority specified in column (1) of Part I of the Schedule to this Order; and

(b) after 31st May 1997 by a defined authority specified in column (1) of Part II of that Schedule,

in respect of a defined activity specified opposite the name of that authority in column (2) of the said Part I or, as the case may be, Part II.

(2) In relation to a case to which paragraph (1) applies, during the period beginning with 1st October 1998 and ending on 31st March 2000 such an activity shall not be treated as a defined activity if carried out during that period by such authority so long as any one of the conditions specified in paragraph (3) is fulfilled.

(3) The conditions mentioned in paragraph (2) are–

(a) that the work to be carried out is not work in respect of which the Secretary of State has, during the period beginning with 1st April 1997 and ending on 30th September 1998, served a notice under section 13(2) of the Act or given a direction under section 14(2) of the Act;

(b) that, notwithstanding a failure to meet the conditions specified in the preceding subparagraph (a) by reason of the service of a notice under section 13(2) of the Act, the Secretary of State has consented to the defined authority entering into a works contract, or carrying out functional work, in respect of the work in question;

(c) that, in any case where a direction under section 14(2) of the Act has been given in respect of the work to be carried out within the terms of sub-paragraph (a) above, the Secretary of State has given a further direction under section 14(3)(a) or (c) of the Act, with the effect that the work to be carried out is no longer subject to any prohibition.”

(5) The Schedule to this Order substitutes a new Schedule to the 1994 Order.