Local Government Act 1988

(5A) The Secretary of State need not give notice under subsection (1) above as regards a further direction revoking a previous direction given under section 98 above. (5B) The Secretary of State need not give notice under subsection (1) above as regards a further direction varying a previous direction given under section 98 above if— (a) the variation consists only of one which omits part of the land to which the previous direction relates, or (b) the variation is stated in the further direction to consist only of one which is made to take account of a representation of the body to whom the previous direction was given. (5C) The contents of a direction under section 98 above may differ from its proposed contents contained in a notice given under subsection (1) above if— (a) the difference consists only of a variation which omits part of the land referred to in the proposed contents, or (b) the difference is stated in the direction to consist only of a variation which is made to take account of a representation of the body to whom the notice was given; and the words “as proposed” in subsection (3) above shall have effect accordingly. (5D) The Secretary of State may by order made by statutory instrument substitute a period specified in the order for the period of 42 days specified in subsection (3) above or for such other period as is for the time being specified in that subsection by virtue of an order under this subsection. (5E) No order under subsection (5D) above may substitute a period as regards a notice given before the coming into force of the order.

• (3) In subsection (6)(b) for “section” there shall be substituted “subsection”.

• (4) In subsection (7) after “subsection” there shall be inserted “(5D) or”.

• (5) Section 99(5A) and (5B) apply whether the previous direction was given before or after the coming into force of this paragraph; and section 99(5C) applies whether the notice was given before or after the coming into force of this paragraph.

6

The following shall be inserted after section 99—

(99A) (1) A person duly authorised in writing by the Secretary of State may at any reasonable time enter any land for the purpose of helping the Secretary of State to decide whether to give a direction under section 98 above in relation to the land. (2) A person may not enter land under this section unless, at the time of the authorisation under subsection (1) above, at the time of the entry, and at all times between the authorisation and the entry, the land is entered on a register maintained under section 95 above. (3) A person may not enter land under this section unless at least 21 clear days’ notice in writing of the intended entry has been given to every person who is an owner or occupier. (4) In this section “owner”, in relation to any land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion, and includes also a person holding, or entitled to the rents and profits of, the land under a lease or agreement.

SCHEDULE 6

Local Government, Planning and Land Act 1980 (c. 65)

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Local Government (Scotland) Act 1975 (c. 30)

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SCHEDULE 7

Part I — Public Supply or Works Contracts

Part II — Local Government Administration

Part III — Direct Labour Organisations

Part IV — Dog Licences

Defined activities.

Dog registration scheme.

6A

• (1) The following (and only the following) fall within section 2(2)(ff) above—

• (a) the fixing or giving of penalty charge notices under section 66 of the 1991 Act;

• (b) the fixing or removal, or authorising the fixing or removal, of immobilisation devices under section 69 of the 1991 Act;

• (c) the removal, or the making of arrangements for the removal, of vehicles in pursuance of regulations under section 99 of the 1984 Act, where the removal is effected or arranged by parking attendants; and

• (d) the making of arrangements for the custody, release or disposal of vehicles whose removal is effected or arranged as mentioned in paragraph (c) above.

• (2) In this paragraph—

“the 1984 Act” means the Road Traffic Regulation Act 1984 ;

“the 1991 Act” means the Road Traffic Act 1991 ;

“parking attendant” has the same meaning as in section 63A of the 1984 Act .

7A

• (1) The following (and only the following) fall within section 2(2)(gg) above—

• (a) arranging for motor vehicles to be available to meet the requirements from time to time of a defined authority;

• (b) securing that the statutory provisions relating to registration, licensing, safety and insurance are complied with as respects motor vehicles so made available and that the drivers of such vehicles are duly licensed; and

• (c) arranging for the provision of fuel for, and the cleaning, repair and maintenance of, such vehicles.

• (2) In sub-paragraph (1) above references to motor vehicles do not include references to any which are to be used exclusively for the purposes of a defined authority’s functions as a police or fire authority.

• (3) In this paragraph references to motor vehicles include references to trailers; and “motor vehicle” and “trailer” have the same meanings as in paragraph 7 above.

Managing sports and leisure facilities

8

• (1) Subject to sub-paragraphs (2) and (3), managing any of the following facilities, including any of those facilities provided in sports centres or leisure centres or on other premises where facilities not mentioned in this sub-paragraph are also provided, falls within section 2(2)(ee) above—

• (a) swimming pools, skating rinks, gymnasia;

• (b) tennis courts, squash courts, badminton courts, pitches for team games, athletics grounds;

• (c) tracks and centres for bicycles (whether motorised or not), golf courses, putting greens, bowling greens, bowling centres, bowling alleys;

• (d) riding centres, courses for horse racing, artificial ski slopes, centres for flying, ballooning or parachuting, and centres for boating or water sports on inland or coastal waters.

• (2) Managing any of the facilities described in sub-paragraph (1) shall not fall within section 2(2)(ee) above if the facilities are provided—

• (a) on premises not predominantly used for sport or physical recreation;

• (b) on premises occupied by educational institutions.

• (3) Managing any of the facilities described in sub-paragraph (1) shall not fall within section 2(2)(ee) above—

• (a) if that facility is provided—

• (i) in England or Wales under section 508 of the Education Act 1996 (whether or not also provided under section 15A or 15B of that Act) and whether or not also provided under section 19 of the Local Government (Miscellaneous Provisions) Act 1976; or

• (ii) in Scotland under section 6 or 17 of the Education (Scotland) Act 1980, whether or not also provided under section 15(2) of the Local Government and Planning (Scotland) Act 1982; and

• (b)

• (i) where the facility is on premises on which no other facility described in sub-paragraph (1) is provided, if educational institutions have used it exclusively in the immediately preceding financial year for more than 600 hours; or

• (ii) where the facility is on premises on which two or more of the facilities described in sub-paragraph (1) are provided, if educational institutions have used exclusively in the immediately preceding financial year facilities of at least half of the descriptions provided (whether concurrently or at different times) and the aggregate periods of their exclusive use in that year of the facilities so described exceeds 600 hours.

• (4) For the purposes of sub-paragraph (1), without prejudice to the generality of the term, “managing” includes arranging—

• (a) for instruction in the sport or other physical recreational activity provided;

• (b) for supervision of the sport or activity;

• (c) catering;

• (d) the hiring out of equipment for use at the facility;

• (e) the marketing and promotion of the facility;

• (f) the taking of bookings;

• (g) the collection of, and accounting for, fees and charges;

• (h) the physical security of the premises;

• (j) the cleaning and proper maintenance of the facility other than the external parts of buildings;

and also includes assuming responsibility for heating, lighting and other service charges in relation to the facility.

• (5) In this paragraph, “educational institutions”—

• in England and Wales, means schools which are community, foundations or voluntary schools or community or foundation special schools; and institutions for the provision of higher or further education, or both, which are either maintained by the local education authority or are substantially dependent for their maintenance on assistance from the local education authority; and

• in Scotland means public schools, or special schools, under the management of the education authority and any other institutions provided and maintained by the education authority for the provision of further education; and

• in England, Wales and Scotland, for the purposes of sub-paragraph (2)(b) only, includes nursery schools.

9

• (1) Subject to paragraph (2), the following (and only the following) fall within section 2(2)(h) above—

• (a) dealing with applications for local authority housing once a property has been allocated to the applicant until immediately after the tenancy agreement has been entered into, and dealing with assignments under section 92 of the 1985 Act (assignments by way of exchange) or with assignations to another secure tenant by way of exchange under section 55 of the 1987 Act (assignation of secure tenancy) after the landlord has given his consent;

• (b) informing local authority housing tenants of the terms of their tenancies and taking steps to enforce any such terms;

• (c) collecting local authority housing rent and service charges, and service charge loan payments arising from such service charges, keeping a suitable record of the sums collected, collecting any arrears, negotiating an agreement for the payment of any arrears, and monitoring compliance with such an agreement;

• (d) arranging for the vacating of local authority housing once a tenancy or licence has terminated;

• (e) inspecting vacant property, assessing whether works are needed prior to the next letting, ensuring that any such works are carried out and reporting on progress to the landlord;

• (f) taking steps to prevent vandalism and unlawful occupation of vacant property, including ensuring that any necessary works are carried out and reporting on progress to the landlord;

• (g) taking steps to remove unlawful occupants from local authority housing;

• (h) assessing the condition of the common parts of local authority housing, assessing the maintenance, repair, cleaning (including disinfestation) and clearance of such parts that is necessary, ensuring that any necessary works are carried out and reporting on progress to the landlord;

• (i) assessing requests for repairs to local authority housing, ensuring that any necessary works are carried out and reporting on progress to the landlord;

• (j) carrying out inspections and surveys of local authority housing for the purposes of ascertaining—

• (i) its physical condition or state of repair, or

• (ii) whether or not such housing is occupied;

• (k) assessing claims for compensation under regulations made under section 96 of the 1985 Act or section 60 of the 1987 Act (right to carry out repairs) and making recommendations to the landlord;

• (l) assessing applications for payment—

• (i) under regulations made under section 99A of the 1985 Act or section 58A of the 1987 Act (right to compensation for improvements) , or

• (ii) under section 100 of the 1985 Act or section 58 of the 1987 Act (power to reimburse cost of work adding to value of property), and making recommendations to the landlord;

• (m) operating reception and security services provided at the entrance to local authority housing; and

• (n) taking action to control any disturbance in local authority housing or to resolve disputes between occupants, including dealing with such bodies (including appropriate dispute resolution agencies) as may be appropriate.

• (2) The activities described in sub-paragraphs (1)(a), (d), (g) and (j)(ii) do not fall within section 2(2)(h) above where they relate to a tenancy or prospective tenancy if—

• (a) the tenant is not an individual or, as the case may be, all the tenants are not individuals; or

• (b) the tenancy is—

• (i) a long tenancy within the meaning of section 115 of the 1985 Act,

• (ii) a lease granted in pursuance of the right to acquire on rent to mortgage terms conferred by Part V of the 1985 Act,

• (iii) a lease granted on payment of a premium calculated by reference to a percentage of the value of the demised premises or the cost of providing them, or

• (iv) a lease under which the tenant (or his personal representatives) will or may be entitled to a sum calculated by reference, direct or indirect, to the value of the demised premises.

• (3) In this paragraph—

• “the 1985 Act” means the Housing Act 1985 ;

• “the 1987 Act” means the Housing (Scotland) Act 1987 ;

• “introductory tenancy” has the same meaning as in Chapter 1 of Part V of the Housing Act 1996;

• “local authority housing” means housing accommodation provided by a local authority under Part II of the 1985 Act, or, as regards Scotland, under Part I of the 1987 Act, including—garages, parking spaces and outhouses provided in connection with such housing accommodation and usually enjoyed with it, andcommon parts of buildings containing two or more dwelling-houses,but excluding hostels as defined in section 622 of the 1985 Act or section 2(5) of the 1987 Act;

• “secure tenancy” has the same meaning as in section 79 of the 1985 Act or section 44 of the 1987 Act (secure tenancies);

• “service charge” means an amount payable by a tenant of premises which is payable, directly or indirectly, for services, repairs, maintenance or insurance or the landlord’s costs of management;

• “tenancy” has the same meaning as in section 621 of the 1985 Act or section 82 of the 1987 Act, and also includes a secure tenancy and an introductory tenancy, and “tenant” shall be construed accordingly; and

• “vacant property” means housing accommodation provided by a local authority (including garages, parking spaces and outhouses provided in connection with such housing accommodation and usually enjoyed with it) which is unoccupied, whether by reason of the termination of a secure tenancy or an introductory tenancyor otherwise.

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• (1) The following (and only the following) fall within section 2(2)(i) above—

• (a) operating security controls in relation to persons entering or leaving land which is occupied by a defined authority or in which such an authority has an interest, or moving between different parts of such land; and

• (b) operating security patrols in respect of such land.

• (2) In sub-paragraph (1) above the references to land which is occupied by a defined authority or in which such an authority has an interest do not include references to—

• (a) any library, museum or art gallery;

• (b) any police establishment; or

• (c) in the case of the references in paragraph (a), any dwelling or residential establishment.

• (3) In sub-paragraph (2) above the reference to a library, museum or art gallery is a reference to—

• (a) one maintained under the Public Libraries and Museums Act 1964 ; or

• (b) one established under the Public Libraries Consolidation (Scotland) Act 1887 , or one to which that Act applies.

• (3A) In sub-paragraph (2) above “police establishment” means a building or part of a building used by police for the performance of their functions (whether as a police station or police training establishment or otherwise).

• (4) In sub-paragraph (2) above . . ., “dwelling” and, subject to sub-paragraph (5) below, “residential establishment” have the same meanings as in paragraph 2(2) above.

• (5) In sub-paragraph (2) above “residential establishment” includes, in relation to Scotland, a hostel provided under section 13 of the Education (Scotland) Act 1980 .

11

• (1) The provision of legal services by legal staff falls within section 2(2)(j) above.

• (2) For the purposes of sub-paragraph (1) above, without prejudice to the generality of the term, “legal services” includes—

• (a) legal advice to any of the following, namely—

• (i) a defined authority or its elected members;

• (ii) any committee or sub-committee of a defined authority, or any other group of persons which reports to such an authority, committee or sub-committee; and

• (iii) any officer or department of a defined authority;

• (b) legal advice to any other person in relation to the discharge of any functions of a defined authority;

• (c) legal work in or in connection with any criminal or civil proceedings before any court or tribunal or at any inquiry;

• (d) conveyancing work in relation to property of any kind;

• (e) legal work in connection with any of the following, namely—

• (i) contracts or agreements of any kind;

• (ii) matters relating to property of any kind;

• (iii) a defined authority’s insurance arrangements;

• (iv) statutory orders, notices and byelaws and, in Scotland, management rules under sections 112 to 118 of the Civic Government (Scotland) Act 1982 ; and

• (v) local or personal Bills or, in Scotland, private legislation within the meaning of section 82 of the Local Government (Scotland) Act 1973 ; and

• (f) legal work in connection with the provision of a legal service for a defined authority otherwise than by a member of its own staff.

• (3) In sub-paragraph (1) above “legal staff” means any of the following, or any person under their management or control, namely—

• (a) solicitors, legal executives, barristers and advocates;

• (b) licensed conveyancers within the meaning of the Administration of Justice Act 1985 ; and

• (c) qualified conveyancers within the meaning of section 23 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 .

12

• (1) The provision of construction and property services in connection with the development, maintenance or management of relevant land falls within section 2(2)(k) above.

• (2) For the purposes of sub-paragraph (1) above, “construction and property services” means services in any of the following fields, namely–

• (a) architecture (including landscape architecture);

• (b) engineering;

• (c) valuation;

• (d) property management; and

• (e) surveying (including quantity and building surveying), being services which fall within sub-paragraph (3) below and are not excluded by sub-paragraph (4) below.

• (3) Services fall within this sub-paragraph if they consist of or are provided for the purposes of, or in connection with, any of the following, namely–

• (a) the giving of advice to any of the following–

• (i) a defined authority or its elected members;

• (ii) any committee or sub-committee of a defined authority, or any other group of persons which reports to such an authority, committee or sub-committee; and

• (iii) any officer or department of a defined authority;

• (b) the giving of advice to any other person in relation to the discharge of any functions of a defined authority;

• (c) the establishment and management of capital and revenue programmes for the development and maintenance of relevant land;

• (d) the design and planning of development projects and maintenance work, including feasibility studies, investigatory work and the preparation of plans, costings and reports;

• (e) the management of such projects and such work, including finance and contract management;

• (f) the management of relevant land, excluding the management of local authority housing (as defined in paragraph 9 above); and

• (g) the procuring, monitoring or supervision of, or the arranging of payment for, any services which fall within paragraphs (a) to (f) above and are provided for a defined authority by any person.

• (4) The following services are excluded by this sub-paragraph–

• (a) any services provided in pursuance of section 6 of the Highways Act 1980 (delegation etc of functions with respect to trunk roads) or in pursuance of section 4 of the Roads (Scotland) Act 1984 (agreements between authorities); and

• (b) any services provided for the purposes of, or in conection with, sewerage functions carried out on behalf of sewerage undertakers in pursuance of arrangements entered into for the purposes of section 97 of the Water Industry Act 1991 .

• (5) The following are “relevant land” for the purposes of this paragraph–

• (a) land which is occupied by a defined authority;

• (b) land in which such an authority has or is seeking to acquire an interest;

• (c) land for the maintenance or management of which such an authority assumes responsibility by agreement;

• (d) highways for which such an authority is the highway authority and which are maintainable at the public expense; and

• (e) public roads within the meaning of the Roads (Scotland) Act 1984 in relation to which such an authority is the local roads authority.

FINANCIAL SERVICES

13

• (1) The provision of services consisting of, or provided for the purposes of, or in connection with, any of the following, (and only the following) falls within section 2(2)(1) above, namely

• (a) financial advice to any of the following, namely—

• (i) a defined authority or its elected members;

• (ii) any committee or sub-committee of a defined authority, or any other group of persons which reports to such an authority, committee or sub-committee; and

• (iii) any officer or department of a defined authority;

• (b) financial advice to any other person in relation to the discharge of any functions of a defined authority;

• (c) accounting services including, in particular, the completion of statutory accounts and the maintenance of appropriate financial records;

• (d) the administration of direct and indirect taxation for a defined authority;

• (e) the development and maintenance of financial information and management systems;

• (f) audit services including, in particular, liaison with external auditors and other appropriate bodies;

• (g) the administration, collection and recovery of non-domestic rates, council tax, water and sewerage charges or rates, community charges and general rates;

• (h) the provision of payroll facilities;

• (i) subject to sub-paragraph (2) below, the determination, administration and making of payments, including arranging abatements and rebates;

• (j) the collection of income and the recovery of debts;

• (k) the administration of a defined authority’s pension fund including, in particular, the management of investments and actuarial services;

• (l) the arrangement and management of borrowing and investment and the monitoring of cash-flow;

• (m) the administration of a defined authority’s insurance arrangements;

• (n) financial consultancy work including, in particular, research;

• (o) the procurement, monitoring or supervision of, or the arranging of payment for, any services which fall within paragraphs (a) to (n) above and are provided for a defined authority by any person.

• (2) The activities described in sub-paragraph (1)(i) above do not fall within section 2(2)(1) above where they relate to

• (a) mandatory and discretionary awards made pursuant to the Education Act 1962 ;

• (b) education maintenance allowances payable pursuant to the Scholarship and Other Benefits Regulations 1977 or bursaries, scholarships or other allowances payable pursuant to section 49 of the Education (Scotland) Act 1980 ;

• (c) clothing grants payable pursuant to section 5 of the Education (Miscellaneous Provisions) Act 1948 or section 54 of the Education (Scotland) Act 1980;

• (d) free school meals and milk provided pursuant to section 22 of the Education Act 1980 or section 53 of the Education (Scotland) Act 1980; or

• (e) board and lodging fees payable pursuant to section 111 of the Education Reform Act 1988 or section 52 of the Education (Scotland) Act 1980.

INFORMATION TECHNOLOGY SERVICES

14

• (1) The provision of information technology services falls within section 2(2)(m) above.

• (2) For the purposes of sub-paragraph (1) above, “information technology services” means services which are designed to secure for a defined authority the availability or application of information technology.

• (3) Without prejudice to the generality of sub-paragraph (2) above, information technology services include services which consist of or are provided for the purposes of, or in connection with, any of the following

• (a) giving advice in relation to information technology to any of the following—

• (i) a defined authority or its members;

• (ii) any committee or sub-committee of a defined authority, or any other group of persons which reports to such an authority, committee or sub-committee; and

• (iii) any officer or department of a defined authority;

• (b) giving advice to any person as to the application of information technology;

• (c) assessing a defined authority’s requirements for information technology, and keeping those requirements under review, including appraising any such technology for the time being in use;

• (d) arranging for information technology to be available to meet the requirements of a defined authority;

• (e) developing information technology;

• (f) maintaining equipment used in connection with information technology.

• (4) In this paragraph “information technology” means any computer, telecommunications or other technology the principal use of which is the recording, processing and communication of information by electronic means.

PERSONNEL SERVICES

15

• (1) Provision of the following services (and only the following) falls within section 2(2)(n) above—

• (a) personnel advice to any of the following, namely —

• (i) a defined authority or its elected members;

• (ii) any committee or sub-committee of a defined authority, or any other group of persons which reports to such an authority, committee or sub-committee; and

• (iii) any officer or department of a defined authority;

• (b) personnel advice to any other person in relation to the discharge of any functions of a defined authority;

• (c) conducting organisational and method studies and work studies including, in particular, conducting management service reviews and preparing business plans;

• (d) human resource management including, in particular, recruitment, monitoring, assessment and appraisal;

• (e) personnel research;

• (f) developing and maintaining statistical and managerial information systems:

• (g) subject to sub-paragraph (2) below, training a defined authority’s employees including, in particular, arranging, monitoring and evaluating training and development programmes;

• (h) developing and maintaining employee relations policies, practices and procedures;

• (i) personnel work in connection with any of the following, namely

• (i) pay and other employee benefits including, in particular, superannuation benefits;

• (ii) terms and conditions of employment;

• (iii) health and safety policies and procedures;

• (iv) employee welfare policies and procedures including, in particular, occupational health services; and

• (v) redundancy arrangements and agreements;

• (j) procuring, monitoring or supervising any services which fall within paragraphs (a) to (i) above and are provided for a defined authority by any person.

• (2) The activities described in sub-paragraph (1)(g) above do not fall within section 2(2)(n) above where they relate to—

• (a) the ordinary supervision of trainees or other employees; or

• (b) the training of fire-fighting members of fire brigades.

An executive of a local authority (within the meaning of Part II of the Local Government Act 2000).

In the application of this Schedule to England and Wales, “local authority” means—

and includes a residuary body established by Part VII of the Local Government Act 1985.

Effect of and appeals against prohibition orders.

These repeals shall have effect in accordance with section 29 of and Schedule 3 to this Act.

Editorial notes