Statutory Instruments
1998 No. 579

LOCAL GOVERNMENT, ENGLAND AND WALES
The Local Government Act 1988 (Defined Activities) (Exemption) (No. 1) Order 1998

Made
9th March 1998

Laid before Parliament
11th March 1998

Coming into force
1st April 1998

The Secretary of State, in exercise of the powers conferred on 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) (Exemption) (No. 1) Order 1998 and shall come into force on 1st April 1998.

(2) In this Order

“the 1988 Act” means the Local Government Act 1988.

Exemptions

2.  An activity specified in any of paragraphs (a) to (n) of subsection 2 of section 2 (defined activities)(2) of the 1988 Act shall not be treated as a defined activity so long as it is carried out by a defined authority listed in the Schedule to this Order during the period beginning with 1st April 1998 and ending on 31st March 2001.

Revocations

3.—(1) All directions given by the Secretary of State under section 14(2) and (3) (power to give directions) of the 1988 Act to any of the authorities mentioned in article 2 above are hereby revoked.

(2) In the Local Government Act 1988 (Defined Activities) (Exemption) (London Boroughs of Newham and Southwark) Order 1997(3), article 2 (exemption of sports and leisure facilities management) is hereby revoked.

(3) The Local Government Act 1988 (Defined Activities) (Exemption) (London Borough of Brent) Order 1997(4) is hereby revoked.

(4) In the Local Government Act 1988 (Defined Activities) (Exemption) (Brent London Borough Council and Harrogate Borough Council) Order 1997(5), article 2 (exemption of grounds maintenance) is hereby revoked.

Signed by authority of the Secretary of State

Nick Raynsford
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
9th March 1998

Article 2
SCHEDULE

Birmingham City Council

Braintree District Council

Brighton and Hove Council

Bristol City Council

Cambridge City Council

Carrick District Council

City of Bradford Metropolitan District Council

City of York Council

Cumbria County Council

Exeter City Council

Gosport Borough Council

Great Yarmouth Borough Council

Ipswich Borough Council

Leeds City Council

Lincoln City Council

Lincolnshire County Council

Manchester City Council

Newark & Sherwood District Council

Newcastle upon Tyne City Council

Northamptonshire County Council

Oldham Metropolitan Borough Council

Oxford City Council

Portsmouth City Council

Reading Borough Council

Redcar & Cleveland Borough Council

South Norfolk District Council

Southampton City Council

Sunderland City Council

Surrey County Council

Tandridge District Council

Warwickshire County Council

Watford Borough Council

Wealden District Council

Welwyn Hatfield District Council

The councils of the London Borough of:

Brent

Camden

Greenwich

Harrow

Lewisham

Newham

Cleveland Police Authority

Greater Manchester Police Authority

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 be carried out by local authorities only if particular conditions are fulfilled.
Article 2 of this Order exempts from the requirements of Part I work which would, apart from this Order, fall within those defined activities so long as that work is carried out by one of the authorities listed in the Schedule to the Order, during the period beginning with 1st April 1998 and ending on 31st March 2001.
Article 3 of this Order revokes all directions made by the Secretary of State under section 14(2) and (3) of the Local Government Act 1988 in relation to any of the authorities mentioned in the Order and also revokes exemptions of specific defined activities made in relation to Newham London Borough Council and Brent London Borough Council by the Local Government Act 1988 (Defined Activities) (Exemptions) (London Boroughs of Newham and Southwark) Order 1997 (S.I. 1997/532), the Local Government Act 1988 (Defined Activities) (Exemption) (London Borough of Brent) Order 1997 (S.I. 1997/533), and The Local Government Act 1988 (Defined Activities) (Exemption) (Brent London Borough Council and Harrogate Borough Council) Order 1997 (S.I. 1997/2259).


(1)
1988 c. 9.

(2)
Subsection (2) has been amended as follows: subs. (2)(ee) was inserted by S.I. 1989/2488; subss. (2)(ff), (g), (gg) were substituted and (i) and (j) were inserted by S.I. 1994/2884; subs. (2)(h) was inserted by S.I. 1994/1671; subs. (2)(k) was inserted by S.I. 1994/2888; and subss. (2)(l) to (n) were added by S.I. 1995/1915.

(3)
S.I. 1997/532.

(4)
S.I. 1997/533.

(5)
S.I. 1997/2259.