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The Local Government Act 1988 (Defined Activities) (Exemption) (No. 2) Order 1998

Type Statutory-Instrument

Publication 1998-03-09

State In force

Department Queen's Printer of Acts of Parliament

Source legislation.gov.uk

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Made: 9th March 1998

Laid before Parliament: 11th March 1998

Coming into force: 1st April 1998

The Secretary of State, in exercise of the powers conferred on him by sections 2(9) and 15(5) and (7) of the Local Government Act 1988¹, and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation, commencement and interpretation

1

(1) This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (No. 2) Order 1998 and shall come into force on 1st April 1998.

(2) In this Order

“the 1988 Act” means the Local Government Act 1988.

Exemptions

2

(1) An activity specified in the second column of the Schedule to this Order shall not be treated as a defined activity² so long as it is carried out—

(a) by the defined authority in relation to which that activity is specified and which is listed in column 1 of the Schedule to this Order; and

(b) during the period beginning with 1st April 1998 and ending on 31st March 2001.

(2) The maintenance of ground³ by the council of the Metropolitan Borough of Solihull shall not be treated as a defined activity so long as it is carried out in respect of cemeteries and crematorium grounds [in their area] during the period beginning with 1st April 1998 and ending on 31st March 2001.

Revocations

3

(1) All directions given by the Secretary of State under section 14(2) and (3) (power to give directions) of the 1988 Act to any of the authorities mentioned in article 2 above are hereby revoked.

(2) In The Local Government Act 1988 (Defined Activities) (Exemption) (Craven, Kerrier and Mid-Devon District Councils and Middlesbrough Borough Council) Order 1997⁴, article 2(2) is hereby revoked.

SCHEDULE

Name of defined authority	Activities to be exempted
Bedford Borough Council	Other cleaning⁵ Managing sports and leisure facilities⁶ Financial services⁷
Coventry City Council	Collection of refuse⁸ Other cleaning Catering for purposes of schools and welfare⁹ Managing sports and leisure facilities Maintenance of ground
Crawley Borough Council	Financial services
Durham County Council	Legal services¹⁰ Construction and property services¹¹ Financial services Information technology services¹² Personnel services¹³
East Hertfordshire District Council	Collection of refuse Other cleaning Maintenance of ground
Epsom and Ewell Borough Council	Financial services
Kings Lynn and West Norfolk Borough Council	Housing management¹⁴ Financial services Information technology services
Middlesbrough Borough Council	Construction and property services Financial services
Sheffield City Council	Maintenance of ground
Wolverhampton Metropolitan Borough Council	Catering for purposes of schools and welfare Construction and property services

Signed

Signed by authority of the Secretary of State,

Nick Raynsford — Minister of State — Department of the Environment, Transport and the Regions — 9th March 1998

Explanatory note

(This note is not part of the Order)

Under Part I of the Local Government Act 1988 (competition), work falling within certain defined activities may be carried out by local authorities only if particular conditions are fulfilled.

Article 2 (1) of this Order exempts from the requirements of Part I work which would, apart from this Order, fall within those defined activities so long as that work is carried out by the authority in relation to which that work is listed in the Schedule to the Order, during the period beginning with 1st April 1998 and ending on 31st March 2001; articles 2(2) makes exemptions of specific parts of the maintenance of ground work of Solihull Metropolitan Borough Council, so long as the work is carried out during the period beginning with 1st April 1998 and ending on 31st March 2001, and Sheffield City Council, so long as the work is carried out during the period beginning with 1st April 1998 and ending on 31st December 1998.

Article 3 (1) of this Order revokes all directions made by the Secretary of State under section 14(2) and (3) of the Local Government Act 1988 in relation to any of the authorities mentioned in the Order, and article 3(2) revokes a specific exemption made in relation to Middlesbrough Borough Council by The Local Government Act 1988 (Defined Activities) (Exemption) (Craven, Kerrier and Mid-Devon District Councils and Middlesbrough Borough Council) Order 1997 (S.I. [1997/1666](https://www.legislation.gov.uk/uksi/1997/1666)).

Footnotes

1988 c. 9.

See section 2(2) of the Local Government Act 1988, which has been amended as follows: subs. (2)(ee) was inserted by S.I. 1989/2488; subss. (2)(ff), (g), (gg) were substituted and (i) and (j) were inserted by S.I. 1994/2884; subs. (2)(h) was inserted by S.I. 1994/1671; subs. (2)(k) was inserted by S.I. 1994/2888; and subss. (2)(l) to (n) were added by S.I. 1995/1915.

See section 2(2)(f) of, and paragraph 6 of Schedule 1 to, the Local Government Act 1988.

S.I. 1997/1666.

See section 2(2)(c) of, and paragraph 3 of Schedule 1 to, the Local Government Act 1988.

See section 2(2)(ee) of, and paragraph 8 of Schedule 1 to, the Local Government Act 1988, which were added by S.I. 1989/2488.

See section 2(2)(l) of, and paragraph 13 of Schedule 1 to, the Local Government Act 1988, which were added by S.I. 1995/1915.

See section 2(2)(a) of, and paragraph 1 of Schedule 1 to, the Local Government Act 1988.

See section 2(2)(d) of, and paragraph 4 of Schedule 1 to, the Local Government Act 1988.

See section 2(2)(j) of, and paragraph 11 of Schedule 1 to, the Local Government Act 1988, which were added by S.I. 1994/2884.

See section 2(2)(k) of, and paragraph 12 of Schedule 1 to, the Local Government Act 1988, which were added by S.I. 1994/2888.

See section 2(2)(m) of, and paragraph 14 of Schedule 1 to, the Local Government Act 1988, which were added by S.I. 1995/1915.

See section 2(2)(n) of, and paragraph 15 of Schedule 1 to, the Local Government Act 1988, which were added by S.I. 1995/1915.

See section 2(2)(h) of, and paragraph 9 of Schedule 1 to, the Local Government Act 1988, which were added by S.I. 1994/1671; additional words were inserted into paragraph 9 by paragraph 4 of the Schedule to S.I. 1997/74.

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