The Local Government Act 1988 (Defined Activities) (Competition) (Scotland) Amendment (No.2) Regulations 1990

Made: 7th December 1990

Laid before Parliament: 10th December 1990

Coming into force: 31st December 1990

The Secretary of State, in exercise of the powers conferred on him by sections 6(3) and 15(6) of the Local Government Act 1988[^f00001], and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement, extent and interpretation

1

• (1) These Regulations may be cited as the Local Government Act 1988 (Defined Activities) (Competition) (Scotland) Amendment (No.2) Regulations 1990, shall come into force on 31st December 1990 and shall apply to Scotland only.

• (2) In these Regulations “the principal Regulations” means the Local Government Act 1988 (Defined Activities) (Competition) (Scotland) Regulations 1988[^f00002].

Amendment of the principal Regulations

2

• (1) The principal Regulations shall be amended as follows.

• (2) In regulation 5–

• (a) in paragraph (1), after the words “a local authority” there shall be inserted the words “for the time being”; and

• (b) in paragraph (2), before the word “included” there shall be inserted the words “for the time being”.

• (3) In Schedule 1 (Groups of local authorities)–

• (a) in Group 9, for the words “City of Glasgow District” there shall be substituted the words “City of Glasgow District (up to and including 31st December 1990)”; and

• (b) after the entry for Group 12, there shall be inserted the following entry:–

• Group 13
• City of Glasgow District

• (4) In Schedule 2 (Competition by date and activity etc.)–

• (a) opposite the entry in column 1 (date) for “1 January 1991”

• (i) for the words “Group 7” in column 2 (refuse collection), there shall be substituted the words “Groups 7 & 13”;

• (ii) for the words “Groups 2 & 8” in column 3 (building cleaning), there shall be substituted the words “Groups 2, 8 & 13”; and

• (iii) in column 4 (other cleaning), there shall be inserted the words “Group 13”;

• (b) in column 1 (date), below the entry for “1 January 1991” there shall be inserted the words “1 April 1991” and opposite those words in column 6 (other catering), there shall be inserted the words “Group 13”; and

• (c) opposite the entry in column 1 (date) for “1 August 1991”, for the words “Groups 9 & 10” in column 7 (vehicle maintenance), there shall be substituted the words “Groups 9, 10 & 13”.

Signed

Ian Lang — One of Her Majesty’s Principal Secretaries of State, Scottish Office — 7th December 1990

Explanatory note

(This note is not part of the Regulations)

Regulation 5 of the Local Government Act 1988 (Defined Activities) (Competition) (Scotland) Regulations 1988 (S.I. 1988/1413) (“the principal Regulations”) provides that section 6 of the Local Government Act 1988 (“the 1988 Act”) (restrictions on carrying out functional work) applies where local authorities, named in the groups in Schedule 1 to the principal Regulations, propose to carry out as functional work certain of the defined activities listed in section 2(2) of the 1988 Act after the dates specified in Schedule 2 to the principal Regulations for the different groups.

In terms of the principal Regulations, section 6 of the 1988 Act was to apply to the City of Glasgow District Council in respect of the defined activity of “other catering” as from 1st January 1991. The effect of these Regulations is to postpone that date to 1st April 1991.

To achieve this effect, the Regulations take the City of Glasgow District Council out of their existing group (Group 9) in Schedule 1 to the principal Regulations and put them into a new group in this Schedule (Group 13). Other than the alteration made for “other catering”, the Regulations ensure that so far as the City of Glasgow District Council are concerned section 6 of the 1988 Act will continue to apply as it did previously in accordance with the principal Regulations.

Footnotes

[^f00001]: 1988 c. 9.

[^f00002]: S.I. 1988/1413, as amended by S.I. 1990/2286.