The Local Government Act 1988 (Competition) (England) Regulations 1997

Link to law: http://www.legislation.gov.uk/uksi/1997/175/made/data.htm?wrap=true
Published: 1997-01-28

Statutory Instruments
1997 No. 175

LOCAL GOVERNMENT, ENGLAND AND WALES
The Local Government Act 1988 (Competition) (England) Regulations 1997

Made
28th January 1997

Laid before Parliament
31st January 1997

Coming into force
21st February 1997

The Secretary of State in exercise of the powers conferred on him by sections 6(3) and 15(6) of the Local Government Act 1988(1), and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and application

1.—(1) These Regulations may be cited as the Local Government Act 1988 (Competition) (England) Regulations 1997 and shall come into force on 21st February 1997.

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

Interpretation

2.  In these Regulations—

“the construction regulations” means The Local Government Act 1988 (Competition (Construction and Property Services) (England) Regulations 1994(2);

“the financial services regulations” means The Local Government Act 1988 (Competition) (Financial Services) (England) Regulations 1995(3);

“the information technology regulations” means The Local Government Act 1988 (Competition) (Information Technology) (England) Regulations 1995(4);

“the legal services regulations” means The Local Government Act 1988 (Competition) (Legal Services) (England) Regulations 1994(5);

“the personnel services regulations” means The Local Government Act 1988 (Competition) (Personnel Services) (England) Regulations 1995(6); and

“the parking regulations” means The Local Government Act 1988 (Defined Activities) (Competition) (Supervision of Parking, Management of Vehicles and Security Work) (England) Regulations 1994(7).

Amendments to the construction regulations

3.—(1) With effect from 23rd February 1998, in regulation 2 of the construction regulations—

(a)the definition of “allowable period” is revoked;

(b)the following is substituted for the definition of “the cost”—

““the cost” means the estimated total annual cost including overheads provided that those overheads are not treated by a defined authority as forming part of the cost of—

(a)
another defined activity; or

(b)
work to which Part III of the Local Government, Planning and Land Act 1980(8) applies;”

(c)the following is substituted for the definition of “the specified proportion”—

““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 the cost of specified work which is being carried out by a person other than a defined authority in connection with work falling within any other defined activity or in connection with work to which Part III of the Local Government, Planning and Land Act 1980 applies where that work is being carried out by another person on behalf of a defined authority;

B
=
an amount equal to any amount included in T in respect of goods or services which are provided by a person other than a defined authority;

C
=
an amount equal to 35% of (T−(A+B)) or £300,000, whichever is greater;

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

E
=
an amount equal to the cost of any specified work being carried out following a competitive tendering process in respect of that work conducted in accordance with the provisions of the Act;

F
=
an amount equal to the cost of any specified work being carried out by a person other than a defined authority following a competitive tendering process where—

(a)
no defined authority submitted a bid to carry out that work; and

(b)
that work had previously been carried out by the defined authority conducting that process or by its predecessor;

G
=
an amount equal to the cost of specified work carried out by a defined authority which is funded from a school’s delegated budget provided under a scheme prepared in accordance with section 103 of the Education Act 1996(9); and

H
=
until 31st July 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)(10) where that functional work is not subject to section 6 of the Act

provided that—

(a)
any amount taken into account in applying any element in the formula (other than T) shall not also be taken into account in applying any other element in the formula; and

(b)
any such amount shall not be taken into account in applying any element in the formula used for calculating the specified proportion of any other defined activity;”

(2) In regulation 3(a) of the construction regulations the word “substantial” is omitted.

(3) The following is inserted after regulation 3(c) of the construction regulations—

“(ca)on or after 1st April 2000 by a local authority which is subject to, or created by, a structural change where that structural change takes effect from 1st April 1998;”

Amendments to the financial services regulations

4.—(1) With effect from 21st August 1998, in regulation 2 of the financial services regulations—

(a)the definition of “the allowable period” is revoked;

(b)the following is substituted for the definition of “the cost”—

““the cost” means the estimated total annual cost including overheads provided that those overheads are not treated by a defined authority as forming part of the cost of—

(a)
another defined activity; or

(b)
work to which Part III of the Local Government, Planning and Land Act 1980(11) applies:”

(c)the following is substituted for the definition of “the specified proportion”—

““the specified proportion” means an amount equal to the product of the following formula—

where

T
=
an amount equal to the total of the cost to a defined authority of the specified work and of determination work;

A
=
an amount equal to the cost of specified work which is being carried out by a person other than a defined authority in connection with work falling within any other defined activity or in connection with work to which Part III of the Local Government, Planning and Land Act 1980 applies where that work is being carried out by another person on behalf of a defined authority;

B
=
an amount equal to any amount included in T in respect of goods or services which are provided by a person other than a defined authority;

C
=

(a)
for county councils, an amount equal to 60% of (T−(A+B)) or £300,000, whichever is greater; or

(b)
for all other defined authorities, an amount equal to 50% of (T−(A+B)) or £300,000, whichever is greater;

D
=
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 following voluntary competitive tendering;

E
=
an amount equal to the cost of any specified work being carried out following a competitive tendering process in respect of that work conducted in accordance with the provisions of the Act;

F
=
an amount equal to the cost of any specified work being carried out by a person other than a defined authority following a competitive tendering process where—

(a)
no defined authority submitted a bid to carry out that work; and

(b)
that work had previously been carried out by the defined authority conducting that process or by its predecessor;

G
=
an amount equal to the cost of specified work carried out by a defined authority which is funded from a school’s delegated budget provided under a scheme prepared in accordance with section 103 of the Education Act 1996(12); and

H
=
until 31st July 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)(13) where that functional work is not subject to section 6 of the Act

provided that—

(a)
any amount taken into account in applying any element in the formula (other than T) shall not also be taken into account in applying any other element in the formula; and

(b)
any such amount shall not be taken into account in applying any element in the formula used for calculating the specified proportion of any other defined activity;”

(2) In regulation 3(1)(a) of the financial services regulations the word “substantial” is omitted.

(3) The following is inserted after regulation 3(1)(c) of the financial services regulations—

“(ca)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 1998;”

(4) In regulation 3(1)(d) of the financial services regulations “1st October 1998” is substituted for “1st April 1998”.

Amendments to the information technology regulations

5.—(1) With effect from 21st August 1998, in regulation 2 of the information technology regulations—

(a)The following is substituted for the definition of “the cost”—

““the cost” means the estimated total annual cost including overheads provided that those overheads are not treated by a defined authority as forming part of the cost of—

(a)
another defined activity; or

(b)
work to which Part III of the Local Government, Planning and Land Act 1980(14) applies;”

(b)the following is substituted for the definition of “the specified proportion”—

““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 the cost of specified work which is being carried out by a person other than a defined authority in connection with work falling within any other defined activity or in connection with work to which Part III of the Local Government, Planning and Land Act 1980 applies where that work is being carried out by another person on behalf of a defined authority;

B
=
an amount equal to any amount included in T in respect of goods or services which are provided by a person other than a defined authority;

C
=
an amount equal to 60% of (T−(A+B)) or £300,000, whichever is greater;

D
=
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 following voluntary competitive tendering;

E
=
an amount equal to the cost of any specified work being carried out following a competitive tendering process in respect of that work conducted in accordance with the provisions of the Act;

F
=
an amount equal to the cost of any specified work being carried out by a person other than a defined authority following a competitive tendering process where—

(a)
no defined authority submitted a bid to carry out that work; and

(b)
that work had previously been carried out by the defined authority conducting that process or by its predecessor;

G
=
an amount equal to the cost of specified work carried out by a defined authority which is funded from a school’s delegated budget provided under a scheme prepared in accordance with section 103 of the Education Act 1996(15);

H
=
until 31st July 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)(16) where that functional work is not subject to section 6 of the Act; and

I
=
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 work

provided that—

(a)
any amount taken into account in applying any element in the formula (other than T) shall not also be taken into account in applying any other element in the formula; and

(b)
any such amount shall not be taken into account in applying any element in the formula used for calculating the specified proportion of any other defined activity;”

(2) In regulation 3(1)(a) of the information technology regulations the word “substantial” is omitted.

(3) The following is inserted after regulation 3(1)(c) of the information technology regulations—

“(ca)on or after 1st October 2001 by a local authority which is subject to, or created by, a structural change where that structural change takes effect from 1st April 1998;”

Amendments to the legal services regulations

6.—(1) With effect from 23rd February 1998, in regulation 2 of the legal services regulations—

(a)the following is substituted for the definition of “the cost”

““the cost” means the estimated total annual cost including overheads provided that those overheads are not treated by a defined authority as forming part of the cost of—

(a)
another defined activity; or

(b)
work to which Part III of the Local Government, Planning and Land Act 1980(17) applies;”

(b)the following is substituted for the definition of “the specified proportion”—

““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 the cost of specified work which is being carried out by a person other than a defined authority in connection with work falling within any other defined activity or in connection with work to which Part III of the Local Government, Planning and Land Act 1980 applies where that work is being carried out by another person on behalf of a defined authority;

B
=
an amount equal to any amount included in T in respect of goods or services which are provided by a person other than a defined authority;

C
=
an amount equal to 55% of (T−(A+B)) or £300,000, whichever is greater;

D
=
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 following voluntary competitive tendering;

E
=
an amount equal to the cost of any specified work being carried out following a competitive tendering process in respect of that work conducted in accordance with the provisions of the Act;

F
=
an amount equal to the cost of any specified work being carried out by a person other than a defined authority following a competitive tendering process where—

(a)
no defined authority submitted a bid to carry out that work; and

(b)
that work had previously been carried out by the defined authority conducting that process or by its predecessor;

G
=
an amount equal to the cost of specified work carried out by a defined authority which is funded from a school’s delegated budget provided under a scheme prepared in accordance with section 103 of the Education Act 1996(18);

H
=
until 31st July 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)(19) where that functional work is not subject to section 6 of the Act

provided that—

(a)
any amount taken into account in applying any element in the formula (other than T) shall not also be taken into account in applying any other element in the formula; and

(b)
any such amount shall not be taken into account in applying any element in the formula used for calculating the specified proportion of any other defined activity;”

(2) In regulation 3(a) of the legal services regulations the word “substantial” is omitted.

(3) The following is inserted after regulation 3(c) of the legal services regulations—

“(ca)on or after 1st April 2000 by a local authority which is subject to, or created by, a structural change where that structural change takes effect from 1st April 1998;”

Amendments to the personnel services regulations

7.—(1) With effect from 21st May 1998, in regulation 2 of the personnel services regulations—

(a)the following is substituted for the definition of “the cost”—

““the cost” means the estimated total annual cost including overheads provided that those overheads are not treated by a defined authority as forming part of the cost of—

(a)
another defined activity; or

(b)
work to which Part III of the Local Government, Planning and Land Act 1980(20) applies;”

(b)the following is substituted for the definition of “the specified proportion”—

““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 the cost of specified work which is being carried out by a person other than a defined authority in connection with work falling within any other defined activity or in connection with work to which Part III of the Local Government, Planning and Land Act 1980(21) applies where that work is being carried out by another person on behalf of a defined authority;

B
=
an amount equal to any amount included in T in respect of goods or services which are provided by a person other than a defined authority;

C
=
an amount equal to 60% of (T−(A+B)) or £300,000, whichever is greater;

D
=
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 following voluntary competitive tendering;

E
=
an amount equal to the cost of any specified work being carried out following a competitive tendering process in respect of that work conducted in accordance with the provisions of the Act;

F
=
an amount equal to the cost of any specified work being carried out by a person other than a defined authority following a competitive tendering process where—

(a)
no defined authority submitted a bid to carry out that work; and

(b)
that work had previously been carried out by the defined authority conducting that process or by its predecessor;

G
=
an amount equal to the cost of specified work carried out by a defined authority which is funded from a school’s delegated budget provided under a scheme prepared in accordance with section 103 of the Education Act 1996(22);

H
=
until 31st July 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)(23) where that functional work is not subject to section 6 of the Act; and

I
=
an amount equal to the cost of specified work falling within paragraph 15(1)(g) of Schedule 1 to the Act where that work is carried out by a defined authority and is wholly funded by—

(a)
a grant paid to the authority pursuant to section 484 of the Education Act 1996(24) which is paid on to a governing body of a school with a delegated budget provided under a scheme prepared in accordance with section 103 of the Education Act 1996; or

(b)
a matching contribution by the authority to such a grant which is paid on to such a governing body

provided that—

(a)
any amount taken into account in applying any element in the formula (other than T) shall not also be taken into account in applying any other element in the formula; and

(b)
any such amount shall not be taken into account in applying any element in the formula used for calculating the specified proportion of any other defined activity;”

(2) In regulation 3(1)(a) of the personnel services regulations the word “substantial” is omitted.

(3) The following is inserted after regulation 3(1)(c) of the personnel services regulations—

“(ca)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 1998;”

Amendment to the parking regulations

8.  Paragraphs (2) and (3) of regulation 2 of the parking regulations are hereby revoked.

Signed by authority of the Secretary of State for the Environment

Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
28th January 1997

Explanatory Note

(This note is not part of the Regulations)
These regulations amend the previous regulations made under Part I of the Local Government Act 1988 in respect of the defined activities of construction and property services, financial services, information technology services, legal services, personnel services, and the management of vehicles.
In the case of all services except the management of vehicles new definitions are substituted for the purpose of calculating the specified proportion of specified work and new provisions are inserted providing for the application of section 6 of the Act from specified dates to local authorities which are subject to structural change taking effect from 1st April 1998.
In the case of the management of vehicles, a minor revocation is made to the original set of regulations which has the effect of removing an allowance previously given to defined authorities for work carried out in connection with certain other work which is also subject to the competitive tendering legislation.


(1)
1988 c. 9. Section 6 is amended by paragraph 12 of Schedule 1 to the Local Government Act 1992 (c. 19).

(2)
S.I. 1994/3166, amended by S.I. 1995/2546.

(3)
S.I. 1995/2916.

(4)
S.I. 1995/2813.

(5)
S.I. 1994/3164, amended by S.I. 1995/2546.

(6)
S.I. 1995/2101.

(7)
S.I. 1994/3165, amended by S.I. 1995/1326, 2546 and 3108.

(8)
1980 c. 65.

(9)
1996 c. 56.

(10)
Section 2(2)(h) was inserted by S.I. 1994/1671.

(11)
1980 c. 65.

(12)
1996 c. 56.

(13)
Section 2(2)(h) was inserted by S.I. 1994/1671.

(14)
1980 c. 65.

(15)
1996 c. 56.

(16)
Section 2(2)(h) was inserted by S.I. 1994/1671.

(17)
1980 c. 65.

(18)
1996 c. 56.

(19)
Section 2 (2) (h) was inserted by S.I. 1994/1671.

(20)
1980 c. 65.

(21)
1980 c. 65.

(22)
1996 c. 56.

(23)
Section 2(2)(h) was inserted by S.I. 1994/1671.

(24)
1996 c. 56.
Read Entire Law on www.legislation.gov.uk