Statutory Instrument 1997 No. 2756

The Local Government (Direct Labour Organisations) (Competition) (Amendment) Regulations 1997

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1997 No. 2756

LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Government (Direct Labour Organisations) (Competition) (Amendment) Regulations 1997

	Made	18th November 1997
	Laid before Parliament	21st November 1997
	Coming into force	12th December 1997

The Secretary of State for the Environment, in respect of England, and the Secretary of State for Wales, in respect of Wales, in exercise of the powers conferred on them by sections 7(4) and (6), 9(3)(a) and 23(1) of the Local Government, Planning and Land Act 1980[1], and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement
    1.These Regulations may be cited as the Local Government (Direct Labour Organisations) (Competition) (Amendment) Regulations 1997 and shall come into force on 12th December 1997.

Amendment of the Local Government (Direct Labour Organisations) (Competition) Regulations 1989
    2.The Local Government (Direct Labour Organisations) (Competition) Regulations 1989[2] are amended - 

(a) by the insertion, after regulation 7A, of the following - 

" Exempted works contracts - schools
    7B.Section 7(1) of the Act shall not apply to any contract for the carrying out of work for, or on behalf of, a school maintained by a local authority.";

(b) by the substitution, in paragraph (1) of regulation 8 (functional work), for the words "regulations 9 and 9A", of the words "regulations 9, 9A and 9B"; and

(c) by the insertion, after regulation 9A (exempted functional work: England), of the following - 

" Exempted functional work - schools
    9B.Regulation 8 shall not apply to any functional work comprising a job carried out for, or on behalf of, a school maintained by a local authority.".

Amendment of the Local Authorities (Direct Labour Organisations) (Competition) (Wales) Regulations 1997
    3.The Local Authorities (Direct Labour Organisations) (Competition) (Wales) Regulations 1997[3] are amended - 

(a) in regulations 4 (prescribed amount for works contracts) and 6 (requirement to tender for certain works contracts), by the substitution for the words "regulation 8" of the words "regulations 8 and 8A";

(b) by the insertion, after regulation 8 (exempted works contracts), of the following - 

" Exempted works contracts - schools
    8A.Section 7(1) of the Act shall not apply to any contract for the carrying out of work for, or on behalf of, a school maintained by a local authority.";

(c) by the substitution, in paragraph (1) of regulation 9 (regulated functional work), for the words "regulation 10", of the words "regulations 10 and 10A"; and

(d) by the insertion, after regulation 10 (exempted functional work) of the following - 

" Exempted functional work - schools
    10A.Regulation 9 shall not apply to any functional work comprising a job carried out for, or on behalf of, a school maintained by a local authority.".

Saving
    4.These Regulations do not apply to work contracts or functional work relating to work for, or on behalf of, a school maintained by a local authority where - 

(a) an invitation such as is mentioned in section 7(3)(c) of the Act; or

(b) an invitation such as is mentioned in section 9(4)(a) of the Act,

has been issued in respect of that work before the date on which these Regulations come into force.



Signed by authority of the Secretary of State for the Environment


Hilary Armstrong
Minister of State, Department of the Environment, Transport and the Regions

17th November 1997



Signed by authority of the Secretary of State for Wales


Win Griffiths
Parliamentary Under Secretary of State, Welsh Office

18th November 1997

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EXPLANATORY NOTE

(This note is not part of the Regulations)

Regulations 2 and 3 of these Regulations amend the Local Government (Direct Labour Organisations) (Competition) Regulations 1989 and the Local Authorities (Direct Labour Organisations) (Competition) (Wales) Regulations 1997 so that local authorities in England and Wales are exempt from the competitive tendering requirements of Part III of the Local Government, Planning and Land Act 1980 in respect of works contracts and functional work relating to schools maintained by a local authority.

The Regulations do not apply in cases where invitations to tender have been issued before the commencement date (regulation 4).

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Notes:

[1] 1980 c. 65.back

[2] S.I. 1989/1588; amended by S.I. 1994/1439 and S.I. 1997/561.back

[3] S.I. 1997/999.back

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ISBN 0 11 065148 0

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