1997 No. 1701
LOCAL GOVERNMENT, ENGLAND AND WALES
The Local Government Act 1988 (Defined Activities) (Housing Management) (Exemp tions) (Wales) (Amendment) Order 1997
14th July 1997
Laid before Parliament
21st July 1997
Coming into force
14th August 1997
The Secretary of State for Wales, in exercise of the powers conferred upon him by sections 2(9) and 15(5) and (7) 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) (Housing Management) (Exemptions) (Wales) (Amendment) Order 1997 and shall come into force on 14th August 1997.
(2) In this Order, “the principal Order” means the Local Government Act 1988 (Defined Activities) (Housing Management) (Exemptions) (Wales) Order 1997(2).
Amendments to the principal Order
2.—(1) The principal Order shall be amended in accordance with the following provisions of this article.
(2) For paragraph (3) of article 5 (the conditions) substitute the following—
“(3) The third condition is that such work is being carried out before 1st October 2004.”.
(3) Schedule 1 to the principal Order is revoked.
Signed by authority of the Secretary of State for Wales
Parliamentary Under Secretary of State, Welsh Office
14th July 1997
(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 defined authorities only if particular conditions are fulfilled.
The Local Government Act 1988 (Defined Activities) (Housing Management) (Exemp tions) (Wales) Order 1997 (S.I. 1997/934) (“the principal Order”) exempts from the requirements of Part I housing management by county or county borough councils in Wales so long as the number of certain houses provided by the authority under Part II of the Housing Act 1985 is not more than 2,500 (the housing stock exemption).
The principal Order also provides a temporary exemption for housing management services provided by such councils to certain tenant management organisations (the tenant management organisation exemption). These exemptions under the principal Order apply in consequence of the Local Government Act (Competition) (Housing Management) (Wales) Regulations 1997 (S.I. 1997/935) applying the compulsory competitive tendering requirements for housing management services from 1st April 1998.
The present Order amends the principal Order in consequence of regulation 4 of the Local Government Act 1988 (Competition) (Wales) Regulations 1997 (S.I. 1997/1699) which has substituted 1st October 1999 as the date for the application of these compulsory competitive tendering requirements in respect of housing management services. Article 2(2) amends article 5(3) of the principal Order in respect of the tenant management organisation exemption, to provide that that exemption will now in all cases end by 1st October 2004. Article 2(3) revokes Schedule 1 to the principal Order in consequence of the amendment by article 2(2).
1988 c. 9.