Citation and Commencement

1. These Regulations may be cited as the Local Government Act 1988 (Defined Activities) (Competition) (England) Regulations 1988 and shall come into force on 1st September 1988.

Interpretation

2. In these Regulations-

"the Act" means the Local Government Act 1988;

"county police authority" means a police authority constituted under section 2 of the Police Act 1964(2);

"specified authority" means-

"work" does not include work carried out elsewhere than in England.

Application of Section 6

3.-(1) Section 6 of the Act shall apply to functional work of any description falling within any defined activity other than the maintenance of ground if the work is proposed to be carried out on or after 1st August 1989 by-

(a)the Council of the Isles of Scilly; or

(b)any other specified authority other than a local authority or a county police authority.

(2) Section 6 shall apply to functional work mentioned in paragraph (1) if it is proposed to be carried out on or after 1st August 1990 by a parish council.

(3) Section 6 shall apply to functional work of any description falling within the defined activity mentioned in section 2(2)(a) (collection of refuse) if it is proposed to be carried out on or after 1st August 1989 by a county council.

(4) Section 6 shall apply to functional work of any description falling within the defined activity mentioned in section 2(2)(d) (catering for purposes of schools and welfare) if it is proposed to be carried out on or after 1st August 1989 by a district council other than a metropolitan district council.

4.-(1) Section 6 shall apply to functional work of any description falling within the defined activity mentioned in section 2(2)(f) (maintenance of ground) if it is proposed to be carried out-

(a)on or after 1st January 1990 by the Council of the Isles of Scilly, a parish council, or any other specified authority which is neither a local authority nor a county police authority;

(b)on or after 1st January 1994 by any specified authority.

(2) Where any specified authority other than one mentioned in sub-paragraph (a) of paragraph (1) proposes to carry out functional work of any description falling within the defined activity mentioned in that paragraph in any of the calendar years 1990 to 1993, section 6 shall apply in each of those years to such part of that work as is estimated by the authority to equal in value the percentage of the value of earlier work specified below in relation to that year-

(3) For the purposes of paragraph (2)-

"earlier work" means work falling within the defined activity mentioned in section 2(2)(f) of the Act and carried out or treated as carried out by or for the authority in the financial year ending nine months before the beginning of the calendar year in question; and

"value" means in relation to earlier work the gross amount estimated by the authority as the cost of that work.

5.-(1) Section 6 shall apply in accordance with this regulation as respects functional work of any description if carried out by an authority named in Schedule I hereto.

(2) In the case of work falling within a defined activity mentioned in column 1 of Schedule 2, section 6 shall apply if the work is carried out by a non metropolitan district council on or after the date specified in that Schedule in relation to that activity and to the group in Schedule 1 in which the council in question is included.

(3) In the case of work falling within a defined activity mentioned in column 1 of Schedule 3, section 6 shall apply if the work is carried out by a county council on or after the date specified in that Schedule in relation to that activity and to the group in Schedule 1 in which the council in question is included.

(4) In the case of work falling within a defined activity mentioned in column 1 of Schedule 4, section 6 shall apply if the work is carried out by a London borough or metropolitan district council on or after the date specified in that Schedule in relation to that activity and to the group in Schedule 1 in which the council in question is included.

(5) This regulation shall apply-

(a)to a county police authority as if it were a member of the same numbered group as the county council for its area; and

(b)to the Common Council of the City of London (whether in its capacity as local authority or police authority) as if it were a London borough council in the group numbered 1.

6. Where a specified authority propose to carry out functional work of any description which falls within a defined activity (whether or not by virtue of section 2(5) or (7) of the Act) and to which section 6 of the Act would not otherwise apply, it shall (if the authority so decide) be treated as work to which section 6 applies.

Regulation 5(1)

SCHEDULE 1GROUPS OF LOCAL AUTHORITIES

GROUP 1

COUNTY COUNCILS

Avon

Cheshire

Devon

Gloucestershire

Isle of Wight

Norfolk

Oxfordshire

Surrey

LONDON BOROUGH COUNCILS

Barking and Dagenham

Hammersmith and Fulham

Islington

Newham

Waltham Forest

METROPOLITAN DISTRICT COUNCILS

Barnsley

Coventry

Leeds

Rochdale

Solihull

Trafford

NON-METROPOLITAN DISTRICT COUNCILS

Adur

Ashfield

Basildon

Beverley

Bolsover

Braintree

Bristol

Burnley

Carlisle

Chelmsford

Chesterfield

Cleethorpes

Cotswold

Darlington

Derwentside

East Devon

East Staffordshire

Ellesmere Port and Neston

Exeter

Fylde

Gosport

Halton

Hart

Hertsmere

Hove

Kerrier

Lancaster

Lichfield

Maldon

Mendip

Middlesbrough

Newbury

North Dorset

North Shropshire

Northavon

Oswestry

Plymouth

Reading

Richmondshire

Rugby

Ryedale

Sedgemoor

Slough

South Hams

South Norfolk

South Somerset

Spelthorne

Stevenage

Suffolk Coastal

Taunton Deane

Tewkesbury

Tonbridge and Malling

Uttlesford

Warrington

Wealden

West Dorset

West Wiltshire

Woking

Wrekin

York

GROUP 2

COUNTY COUNCILS

Bedfordshire

Cleveland

Dorset

Hampshire

Kent

Northamptonshire

Shropshire

Warwickshire

LONDON BOROUGH COUNCILS

Barnet

Croydon

Haringey

Kensington & Chelsea

Redbridge

Wandsworth

METROPOLITAN DISTRICT COUNCILS

Birmingham

Doncaster

Liverpool

Rotherham

South Tyneside

Wakefield

NON-METROPOLITAN DISTRICT COUNCILS

Allerdale

Ashford

Basingstoke and Deane

Blaby

Boothferry

Breckland

Broadland

Cambridge

Carrick

Cheltenham

Chichester

Colchester

Craven

Dartford

Dover

East Hampshire

East Yorkshire

Elmbridge

Fareham

Gedling

Gravesham

Hambleton

Hartlepool

High Peak

Huntingdonshire

Kettering

Langbaurgh-on-Tees

Lincoln

Malvern Hills

Mid Bedfordshire

Milton Keynes

Newcastle-under-Lyme

North East Derbyshire

North Warwickshire

Norwich

Oxford

Poole

Redditch

Rochester upon Medway

Runnymede

Salisbury

Selby

South Bedfordshire

South Herefordshire

South Northamptonshire

South Staffordshire

St. Albans

Stockton-on-Tees

Surrey Heath

Teesdale

Thamesdown

Torbay

Vale Royal

Warwick

Wear Valley

West Lancashire

Weymouth and Portland

Wokingham

Wychavon

GROUP 3

COUNTY COUNCILS

Berkshire

Cornwall

Durham

Hereford and Worcester

Lancashire

Northumberland

Somerset

West Sussex

LONDON BOROUGH COUNCILS

Bexley

Ealing

Harrow

Kingston-upon-Thames

Richmond-upon-Thames

Westminster

METROPOLITAN DISTRICT COUNCILS

Bolton

Dudley

Manchester

Salford

St. Helens

Walsall

NON-METROPOLITAN DISTRICT COUNCILS

Alnwick

Aylesbury Vale

Bassetlaw

Blackburn

Boston

Brentwood

Bromsgrove

Cannock Chase

Castle Morpeth

Cherwell

Chiltern

Congleton

Crawley

Daventry

Durham

East Dorset

East Hertfordshire

Eastbourne

Epping Forest

Fenland

Gillingham

Great Grimsby

Harborough

Hastings

Hinckley and Bosworth

Hyndburn

King's Lynn and West Norfolk

Leicester

Luton

Mansfield

Mid Devon

Mole Valley

North Bedfordshire

North Hertfordshire

North West Leicestershire

Nottingham

Pendle

Portsmouth

Reigate and Banstead

Rochford

Rushcliffe

Scarborough

Sevenoaks

South Bucks

South Holland

South Oxfordshire

South Wight

St. Edmundsbury

Stoke-on-Trent

Swale

Teignbridge

Thanet

Torridge

Vale of White Horse

Watford

Wellingborough

West Lindsey

Woodspring

Wycombe

GROUP 4

COUNTY COUNCILS

Buckinghamshire

Cumbria

East Sussex

Hertfordshire

Leicestershire

North Yorkshire Staffordshire Wiltshire

LONDON BOROUGH COUNCILS

Brent

Enfield

Havering

Lambeth

Southwark

METROPOLITAN DISTRICT COUNCILS

Bradford

Gateshead

Newcastle-upon-Tyne

Sandwell

Stockport

Wigan

NON-METROPOLITAN DISTRICT COUNCILS

Amber Valley

Babergh

Bath

Blackpool

Bournemouth

Bridgnorth

Broxbourne

Canterbury

Castle Point

Chester

Chorley

Copeland

Crewe and Nantwich

Derby

Easington

East Lindsey

Eastleigh

Epsom and Ewell

Forest Heath

Glanford

Great Yarmouth

Harlow

Havant

Holderness

Ipswich

Kingston upon Hull

Leominster

Macclesfield

Medina

Mid Suffolk

New Forest

North Cornwall

North Kesteven

North Wiltshire

Nuneaton and Bedworth

Penwith

Preston

Restormel

Rossendale

Rushmoor

Scunthorpe

Shepway

South Cambridgeshire

South Kesteven

South Ribble

Southampton

Stafford

Stratford on Avon

Tamworth

Tendring

Three Rivers

Tunbridge Wells

Wansbeck

Waveney

Welwyn Hatfield

West Oxfordshire

Winchester

Worcester

Wyre

GROUP 5

COUNTY COUNCILS

Cambridgeshire

Derbyshire

Essex

Humberside

Lincolnshire

Nottinghamshire Suffolk

LONDON BOROUGH COUNCILS

Bromley

Greenwich

Hillingdon

Lewisham

Sutton

METROPOLITAN DISTRICT COUNCILS

Bury

Kirklees

North Tyneside

Sefton

Sunderland

Wirral

NON-METROPOLITAN DISTRICT COUNCILS

Arun

Barrow in Furness

Berwick-upon-Tweed

Blyth Valley

Bracknell Forest

Brighton

Broxtowe

Caradon

Charnwood

Chester-le-Street

Christchurch

Corby

Dacorum

Derbyshire Dales

East Cambridgeshire

East Northamptonshire

Eden

Erewash

Forest of Dean

Gloucester

Guildford

Harrogate

Hereford

Horsham

Kennet

Kingswood

Lewes

Maidstone

Melton

Mid Sussex

Newark & Sherwood

North Devon

North Norfolk

Northampton

Oadby and Wigston

Peterborough

Purbeck

Ribble Valley

Rother

Rutland

Sedgefield

Shrewsbury and Atcham

South Derbyshire

South Lakeland

South Shropshire

Southend-on-Sea

Staffordshire Moorlands

Stroud

Tandridge

Test Valley

Thurrock

Tynedale

Wansdyke

Waverley

West Devon

West Somerset

Windsor and Maidenhead

Worthing

Wyre Forest

GROUP 6

METROPOLITAN DISTRICT COUNCILS

Calderdale

Knowsley

Oldham

Sheffield

Tameside

Wolverhampton

LONDON BOROUGH COUNCILS

Camden

Hackney

Hounslow

Merton

Tower Hamlets

Regulation 5(2)

SCHEDULE 2

COMPETITION BY ACTIVITY AND DATE: NON-METROPOLITAN DISTRICT COUNCILS

Regulation 5(3)

SCHEDULE 3

COMPETITION BY ACTIVITY AND DATE: COUNTY COUNCILS

Regulation 5(4)

SCHEDULE 4

COMPETITION BY ACTIVITY AND DATE: LONDON BOROUGH AND METROPOLITAN DISTRICT COUNCILS

Explanatory Note

(This note is not part of the Regulations)

Section 6(3) of the Local Government Act 1988 enables the Secretary of State to require that an authority mentioned in section 1(1) of the Act (a defined authority) may only carry out functional work falling within an activity listed in section 2(2) of the Act (a defined activity) after subjecting the work to competition. These Regulations exclude the Inner London Education Authority, new town development corporations and the Commission for the New Towns from the competition requirements and specify the dates from which and the circumstances in which other defined authorities ("specified authorities") in England may not carry out functional work without first exposing it to competition.

If they wish to carry out the work on or after 1st August 1989, the Council of the Isles of Scilly and all other specified authorities (with the exception of other local authorities and county police authorities) are required to compete for work falling within any defined activity other than ground maintenance; all county councils are required to compete for refuse collection; and all non-metropolitan district councils are required to compete for school and welfare catering. Parish and community councils are required to compete for work falling within any defined activity other than ground maintenance where they wish to carry out the work on or after 1st August 1990 (regulation 3).

If they wish to carry out ground maintenance work on or after 1st January 1990, the Council of the Isles of Scilly, all parish and community councils and all other specified authorities are required to compete for it. Other specified authorities who wish to carry out such work between 1st January 1990 and 1st January 1994 are required to subject varying percentages to competition (regulation 4).

All other work is to be competed for by the groups of authorities listed in Schedule 1, county police authorities and the Common Council of the City of London in accordance with the timetables set out in Schedules 2 to 4 (regulation 5).

If any specified authority wishes to carry out work falling within a defined activity but for which competition is not required, it may treat that work as if the competition requirements applied to it (regulation 6).