Statutory Instruments

1998 No. 325

LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Government Act 1988 (Defined Activities) (Exemption) (Harlow District Council and North Hertfordshire District Council) Order 1998

Made

17th February 1998

Laid before Parliament

26th February 1998

Coming into force

19th March 1998

The Secretary of State, in exercise of the powers conferred on him by sections 2(9) and 15(5) of the Local Government Act 1988(1), and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and commencement

1. This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Harlow District Council and North Hertfordshire District Council) Order 1998 and shall come into force on 19th March 1998.

Exemption of activities carried out by Harlow District Council

2. The following activities carried out by the council of the district of Harlow shall not be treated as defined activities so long as they are carried out at or in relation to the Berecroft Estate, Harlow during the period beginning with 19th March 1998 and ending on 28th February 1999:

housing management(2);
maintenance of ground(3);
other cleaning(4);
legal services(5); and
construction and property services(6).

Exemption of maintenance of ground carried out by North Hertfordshire District Council

3. The maintenance of ground(7) by the council of the district of North Hertfordshire shall not be treated as a defined activity so long as it is carried out in the Letchworth and Baldock areas within that district during the period beginning with 19th March, 1998 and ending on 31st October 1998.

Signed by authority of the Secretary of State,

Hilary Armstrong

Minister of State,

Department of the Environment, Transport and the Regions

17th February 1998

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 the housing management, ground maintenance, other cleaning, legal services and construction and property services work of Harlow District Council so long as that work is carried out at or in relation to the Berecroft Estate, Harlow during the period beginning with 19th March 1998 and ending on 28th February 1999, and article 3 of this Order exempts the ground maintenance work of North Hertfordshire District Council so long as it is carried out in the Letchworth and Baldock areas during the period beginning with 19th March 1998 and ending on 31st October 1998.

(1)

1988 c. 9.

(2)

See section 2(2)(h) and (6) of, and paragraph 9 of Schedule 1 to, the Local Government Act 1988. Subsection (2)(h) was added, and subsection (6) was substituted, by the Local Government (Competition) (Defined Activities) (Housing Management) Order 1994 (S.I. 1994/1671), articles 2 and 3 respectively. Paragraph 9 of Schedule 1 was added by article 2 of S.I. 1994/1671 and additional words were inserted into that paragraph by paragraph 4 of the Schedule to the Housing Act 1996 (Consequential Amendments) Order 1997 (S.I. 1997/74).

(3)

See section 2(2)(f) of, and paragraph 6 of Schedule 1 to, the Local Government Act 1988.

(4)

See section 2(2)(c) of, and paragraph 3 of Schedule 1 to, the Local Government Act 1988.

(5)

See section 2(2)(j) of, and paragraph 11 of Schedule 1 to, the Local Government Act 1988. Subsection (2)(j) and paragraph 11 were inserted by the Local Government Act 1988 (Competition) (Defined Activities) Order 1994 (S.I. 1994/2884).

(6)

See section 2(2)(k) of, and paragraph 12 of Schedule 1 to, the Local Government Act 1988. Subsection (2)(k) and paragraph 12 were inserted by the Local Government Act 1988 (Competition) (Defined Activities) (Construction and Property Services) Order 1994 (S.I. 1994/2888).

(7)