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Statutory Instruments
1998 No. 2191
LOCAL GOVERNMENT, ENGLAND AND WALES
The Local Government Act 1988 (Defined Activities) (Works Contracts) (Exemptions) (Wales) (Amendment) Order 1998
Made
1st September 1998
Laid before Parliament
9th September 1998
Coming into force
30th September 1998
The Secretary of State for Wales, in exercise of the powers conferred on him by sections 2(9) and 15(5) of the Local Government Act 1988(1), 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) (Works Contracts) (Exemptions) (Wales) (Amendment) Order 1998 and shall come into force on 30th September 1998.
(2) In this Order, "the principal Order" means the Local Government Act 1988 (Defined Activities) (Works Contracts) (Exemptions) (Wales) Order 1997(2).
Amendment of the principal Order
2. The Schedule to this Order substitutes a new Schedule to the principal Order.
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
1st September 1998
Article 2
THE SCHEDULE
For the Schedule to the principal Order substitute-“
Article 2
"THE SCHEDULE
| (1) | (2) |
|---|---|
| Services | Specified date |
| 1. Management of vehicles(3) | 1st April 2000 |
| 2. Security work(3) | 1st June 2000 |
| 3. Supervision of parking(3) | 1st June 2000 |
| 4. Construction and Property(4) | 1st October 2000 |
| 5. Financial(5) | 1st October 2000 |
| 6. Housing Management(6) | 1st October 2000 |
| 7. Information Technology(5) | 1st October 2000 |
| 8. Legal(7) | 1st October 2000 |
| 9. Personnel(5) | 1st October 2000" |
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 not be carried out by defined authorities unless it has first been subjected to competition.
The Local Government Act 1988 (Defined Activities) (Works Contracts) (Exemptions) (Wales) Order 1997 (S.I. 1997/1700) ("the 1997 Order") exempts from Part I various works contracts carried out by certain defined authorities in Wales on behalf of other such defined authorities in Wales before certain specified dates. This Order substitutes a new Schedule to the 1997 Order specifying new dates and also including works contracts in relation to information technology and personnel services. That Schedule specifies the dates of 1st April 2000 (in place of 1st April 1999) for management of vehicles; 1st June 2000 (in place of 1st June 1999) for security work and supervision of parking and 1st October 2000 (in place of 1st October 1999) in relation to construction and property services; financial services; housing management services; legal services; information technology services and personnel services. These dates correspond to the revised dates for the application of section 6 (functional work: restrictions) of the Local Government Act 1988 to those services made by the Local Government Act 1988 (Competition) (Wales) Regulations 1998 (S.I. 1998/2192).
S.I. 1997/1700.
The provision of "management of vehicles", "security work", and "supervision of parking" is a defined activity by virtue of the Local Government Act 1988 (Competition) (Defined Activities) Order 1994 (S.I. 1994/2884) which substituted or, as the case may be, inserted respectively section 2(2)(gg), (i) and (ff) into the Local Government Act 1988 ("the Act").
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) which inserted section 2(2)(k) into the Act.
The provision of "financial services", "information technology services", and "personnel services" is a defined activity by virtue of the Local Government Act 1988 (Competition) (Defined Activities) Order 1995 (S.I. 1995/1915) which inserted section 2(2)(l)-“(n) into the Act.
The provision of "housing management services" is a defined activity by virtue of the Local Government Act 1988 (Competition) (Defined Activities) (Housing Management) Order 1994 (S.I. 1994/1671) which inserted section 2(2)(h) into the Act.
The provision of "legal services" is a defined activity by virtue of the said S.I. 1994/2884 which inserted section 2(2)(j) into the Act.