Statutory Instrument 1991 No. 232
The Local Government Act 1988 (Defined Activities) (Competition) (Wales) Regulations 1991
(The document as of February, 2008)
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STATUTORY INSTRUMENTS
1991 No. 232
LOCAL GOVERNMENT, ENGLAND AND WALES
The Local Government Act 1988 (Defined Activities) (Competition) (Wales) Regulations 1991
| Laid before Parliament | 20th February 1991 |
| Coming into force | 13th March 1991 |
The Secretary of State for Wales, in exercise of the powers conferred on him by sections 6(3), 8(1) 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 and commencement
1. These Regulations may be cited as the Local Government Act 1988 (Defined Activities) (Competition) (Wales) Regulations 1991 and shall come into force on 13th March 1991.
2. In these Regulations-"the Act" means the Local Government Act 1988;
"county police authority" means a police authority constituted under section 2 of the Police Act 1964[2];
"defined activity" means functional work[3] of any description falling within the defined activity mentioned in section 2(2)(ee)[4]of the Local Government Act 1988, but does not include work carried out elsewhere than in Wales;
"specified authority" means- (i) any body in Wales mentioned in section 1(1)(a), (b), (e) and (j) of the Act which is, or is treated as a defined authority for the purposes of Part I of the Act; and
(ii) any joint committee which falls to be treated as a defined authority by section 1(4) of the Act and of which at least one of the members is an authority which is a specified authority by virtue of sub-paragraph (i) above.
Application of Section 6
3.—(1) Section 6 of the Act shall apply to functional work of any description falling within the defined activity if it is proposed to be carried out on or after 1st January 1992 by any specified authority other than a local authority or a police authority[5].
(2) Section 6 shall apply to functional work mentioned in paragraph (1) if it is proposed to be carried out on or after 1st January 1993 by a community council or a police authority other than a county police authority.
4.—(1) Section 6 shall apply to functional work falling within the defined activity if it is proposed to be carried out by a local authority mentioned in one of the numbered groups set out in Part I of the Schedule on or after the date specified in column 1 of Part II of the Schedule in relation to the group specified opposite that date in column 2 of Part II of the Schedule.
(2) This regulation shall apply to a county police authority as if it were a member of the same numbered group as the county council for its area.
Specified periods
5. The second condition set out in section 7(3) of the Act shall not be treated as fulfilled in respect of functional work falling within the defined activity if the period stated in the detailed specification by virtue of section 7(3)(c) is less than 4 years or exceeds 6 years.
Revocation of previous Regulations
6. The Local Government Act 1988 (Defined Activities) (Competition) (Wales) Regulations 1990[6] are hereby revoked.
David Hunt
Secretary of State for Wales
5th February 1991
Notes:[1] 1988 c. 9.
[2] 1964 c. 48; section 2 was amended by the Courts Act 1971 (c. 23), section 53(5); the Local Government Act 1972 (c. 70), section 196(1) and (2) and Schedule 30; and the Local Government Act 1985 (c. 51), Schedule 11, paragraph 1(2) and (3) and Schedule 17.
[3] For "functional work"see section 3(4) of the Act.
[4] Section 2(2)(ee) was inserted by S.I. 1989/2488, article 2(1).
[5] For "police authority"see section 1(1)(e) of the Act.
[6] S.I. 1990/1498.
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