Citation and commencement

1.-(1) These Regulations may be cited as the Local Government Act 1988 (Competition) (Information Technology) (England) Regulations 1995 and shall come into force on 29th November 1995.

(2) These Regulations apply to defined authorities in England only.

Interpretation

2. In these Regulations-

• "the Act"means the Local Government Act 1988;

• "the cost"means the estimated total annual cost including overheads;

• "the specified proportion"means an amount equal to the product of the following formula-

  

  where

  • T = an amount equal to the cost to a defined authority of the specified work;

  • A = an amount equal to 30 per cent of T or £300,000, whichever is greater;

  • B = for the period ending on 31st March 1999 or five years after work was awarded,, whichever is the shorter,, an amount equal to the cost of specified work which is being carried out by a defined authority following voluntary competitive tendering;

  • C = an amount equal to the cost of specified work carried out by a defined authority on behalf of a school with a delegated budget provided under a scheme prepared in accordance with section 33 of the Education Reform Act 1988(2);

  • D = until 1st April 1999,, an amount equal to the cost of specified work which is being carried out by a defined authority in connection with functional work falling within the defined activity mentioned in section 2(2)(h) of the Act (housing management)(3) where that functional work is not subject to section 6 of the Act;

  • E = an amount equal to the cost of specified work carried out by a defined authority in connection with functional work falling within any defined activity where that functional work is being carried out by a defined authority in accordance with the provisions of the Act;

  • F = an amount equal to the cost of specified work carried out by a defined authority in connection with functional work to which Part III of the Local Government,, Planning and Land Act 1980(4) applies where that functional work is being carried out by a defined authority in accordance with the provisions of that Act; and

  • G = an amount equal to the cost of specified work which is being carried out by a defined authority,, being work undertaken by way of functional work at the request of any person other than a defined authority who is carrying out work ("other work") on the authority's behalf,, for the purpose of facilitating such other work;

• "specified work"means work of any description falling within the defined activity mentioned in section 2(2)(m) of the Act(5) (information technology services) other than work carried out by a bidding authority to which section 4 of the Act (works contracts: restrictions) applies;

• "voluntary competitive tendering"means the awarding of work before 1st April 1994 following a competitive process in the course of which at least three persons who are not defined authorities were invited to tender for that work.

Application of section 6

3.-(1) Section 6 of the Act shall apply to the specified proportion of any specified work if it is proposed to be carried out-

(a)on or after 1st October 1998 by a local authority which is subject to, or created by, a structural change or substantial boundary change effected by an order made under section 17 of the Local Government Act 1992(6) ("a structural change") where that structural change takes effect from 1st April 1995; or

(b)on or after 1st October 1999 by a local authority which is subject to, or created by, a structural change where that structural change takes effect from 1st April 1996; or

(c)on or after 1st October 2000 by a local authority which is subject to, or created by, a structural change where that structural change takes effect from 1st April 1997; or

(d)on or after 1st April 1999 by a county council or non-metropolitan district council which is not subject to a structural change; or

(e)on or after 1st October 1997 by any other defined authority except-

(i)those mentioned in section 1(1)(b), 1(1)(c) and 1(1)(d) of the Act; or

(ii)a police authority.

Explanatory Note

(This note is not part of the Regulations)

These regulations, which apply to England only, make provision under Part I of the Local Government Act 1988 ("the Act") in respect of the defined activity of information technology services.

Regulation 2 applies section 6 of the Act to a specified proportion of this activity from the dates specified in that regulation, so that defined authorities are required to compete for such work if they wish to carry it out themselves.