The Local Government Act 1988 (Defined Activities) (Exemptions) (Police Authorities) Order 1995

Made: 14th December 1995

Laid before Parliament: 5th January 1996

Coming into force: 26th January 1996

The Secretary of State for the Environment as respects England, and the Secretary of State for Wales as respects Wales, in exercise of the powers conferred on them by sections 2(9) and 15(5) of the Local Government Act 1988[^f00001], and of all other powers enabling them in that behalf, hereby make the following Order:

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemptions) (Police Authorities) Order 1995 and shall come into force on 26th January 1996.

• (2) In this Order “police authority” means—

• (a) a police authority constituted under section 3 of the Police Act 1964[^f00002], and

• (b) the Common Council of the City of London in its capacity as a police authority.

Legal Services

2

The provision of legal services[^f00003] by a police authority shall not be treated as a defined activity so long as it consists of legal work carried out in connection with any of the following:

• (a) investigation or prosecution of a criminal offence;

• (b) handling a complaint in pursuance of Part IX of the Police and Criminal Evidence Act 1984[^f00004];

• (c) proceedings in relation to a disciplinary offence, or unsatisfactory performance, by a member of a police force;

• (d) the discharge of a constable during or at the end of his period of probation;

• (e) the discharge of the functions of any constable or chief officer of police in pursuance of any enactment or instrument mentioned in Schedule 1 to this Order.

Construction and property services

3

The provision of construction and property services[^f00005] by a police authority shall not be treated as a defined activity so long as it consists of the giving of advice in relation to the design, improvement or refurbishment of any premises for the purposes of—

• (a) preventing crime in and in the neighbourhood of those premises;

• (b) enhancing the security of such premises, or

• (c) securing the safety of any persons.

Works contracts

4

• (1) The provision of legal services shall not be treated as a defined activity so long as it is carried out in pursuance of a works contract by a defined authority for a police authority before the date specified in relation to that police authority in Schedule 2.

• (2) The provision of construction and property services shall not be treated as a defined activity so long as it is carried out in pursuance of a works contract by a defined authority for a police authority before the date specified in relation to that police authority in Schedule 3.

SCHEDULE 1 — LICENSING PROVISIONS

• The Pedlars Act 1871[^f00006]

• The Betting, Gaming and Lotteries Act 1963, Schedules 1 and 3[^f00007]

• The Licensing Act 1964[^f00008]

• The Gaming Act 1968, Schedule 2[^f00009]

• The Firearms Act 1968[^f00010]

• The Firearms (Amendment) Act 1988[^f00011]

• The Control of Explosives Regulations 1991[^f00012]

SCHEDULE 2 — WORKS CONTRACTS: LEGAL SERVICES

SCHEDULE 3 — WORKS CONTRACTS: CONSTRUCTION AND PROPERTY SERVICES

Signed

Signed by authority of the Secretary of State

Paul Beresford — Parliamentary Under-Secretary of State, — Department of the Environment — 11th December 1995

Signed by authority of the Secretary of State for Wales

Gwilym Jones — Parliamentary Under-Secretary of State, Welsh Office — 14th December 1995

Explanatory note

(This note is not part of the Order)

Under Part I of the Local Government Act 1988, work falling within certain defined activities may not be carried out by defined authorities unless it has first been subjected to competition.

This Order, which applies in England and Wales, exempts from Part I—

• (a) certain legal work carried out by police authorities,

• (b) the work of those authorities' architectural liaison officers, and

• (c) certain works contracts for legal and construction and property services carried out on behalf of police authorities before the dates specified in Schedules 2 and 3.

Footnotes

[^f00001]: 1988 c. 9. Section 2 is amended by paragraph 10 of Schedule 1 to the Local Government Act 1992 (c. 19).

[^f00002]: 1964 c. 48. Section 3 is substituted by section 2 of the Police and Magistrates' Courts Act 1994 (c. 29).

[^f00003]: The provision of legal services is a defined activity by virtue of the Local Government Act 1988 (Competition) (Defined Activities) Order 1994, S.I. 1994/2884.

[^f00004]: 1984 c. 60, amended by sections 34 to 38 of the Police and Magistrates' Courts Act 1994 (c. 29).

[^f00005]: The provision of construction and property services is a defined activity by virtue of the Local Government Act 1988 (Competition) (Defined Activities) (Construction and Property Services) Order 1994, S.I. 1994/2888.

[^f00006]: 1871 c. 96.

[^f00007]: 1963 c. 2.

[^f00008]: 1964 c. 26.

[^f00009]: 1968 c. 65.

[^f00010]: 1968 c. 27.

[^f00011]: 1988 c. 45.

[^f00012]: S.I. 1991/1531.