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The Local Government Act 1988 (Exemption for Works Contracts) (Scotland) Order 1998

Type Statutory-Instrument

Publication 1998-06-05

State In force

Department Queen's Printer of Acts of Parliament

Source legislation.gov.uk

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Made: 5th June 1998

Laid before Parliament: 9th June 1998

Coming into force: 30th June 1998

The Secretary of State, in exercise of the powers conferred on him by sections 2(9) and 15(5) of the Local Government Act 1988¹ and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and commencement

1

This Order may be cited as the Local Government Act 1988 (Exemption for Works Contracts) (Scotland) Order 1998 and shall come into force on 30th June 1998.

Exemption for works contracts

2

(1) The provision of services specified in paragraph (2) below shall not be treated as a defined activity so long as it is carried out in pursuance of a works contract by a local authority (within the meaning of section 1(3) of the Local Government Act 1988²) before 1st April 2001.

(2) The services specified in this paragraph³ are–

(a) housing management;

(b) management of vehicles;

(d) legal services;

(e) construction and property services;

(f) financial services;

(g) information technology services;

(h) personnel services.

Signed

Calum MacDonald — Parliamentary Under Secretary of State, Scottish Office — 5th June 1998

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 exempts from Part I certain work so far as carried out by a Scottish local authority under a works contract prior to 1st April 2001. The exemption extends to housing management, management of vehicles, security work, legal services, construction and property services, financial services, information technology services and personnel services.

Footnotes

1988 c. 9; section 15(5) was amended by the Local Government etc. (Scotland) Act 1994 (c. 39), Schedule 13, paragraph 156(4).

Section 1(3) was amended by the Local Government etc. (Scotland) Act 1994 (c. 39), Schedule 13, paragraph 156(2)(b) and Schedule 14.

The services specified in article 2(2) were added to the list of “defined activities” in section 2(2) of the Local Government Act 1988 by virtue of S.I. 1994/1671, 2884 and 2888 and 1995/1915.

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