Local Government Act 1988 (Defined Activities) (Exemption) (Small Schools) Order 1992
| Year | 1992 |
1992 No. 1626
LOCAL GOVERNMENT, ENGLAND AND WALES
The Local Government Act 1988 (Defined Activities) (Exemption) (Small Schools) Order 1992
Made 3rd July 1992
Laid before Parliament 10th July 1992
Coming into force 1st August 1992
The Secretary of State for the Environment as respects England and the Secretary of State for Wales as respects Wales, in exercise of the powers conferred on them by sections 2(9) and 15(5) and (7) of the Local Government Act 19881, and of all other powers enabling them in that behalf, hereby make the following Order:
Citation, commencement and interpretation
1.—(1) This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Small Schools) Order 1992 and shall come into force on 1st August 1992.
(2) In this Order—
“the Act” means the Local Government Act 1988;
“the relevant exemption order” in relation to an authority in England means the Local Government Act 1988 (Defined Activities) (Exemptions) (England) Order 19882, and in relation to an authority in Wales means the Local Government Act 1988 (Defined Activities) (Exemptions) (Wales) Order 19883;
“relevant work” means work which would, but for this Order, fall within either of the defined activities mentioned in paragraphs (b) (cleaning of buildings) or (f) (maintenance of ground) of section 2(2) of the Act;
and for the purposes of this Order a full-time employee is an employee whose average weekly working hours (including any overtime worked) over the year do not exceed the standard working week for a full-time employee as specified for the time being by the National Joint Council for Local Authorities' Services (Manual Workers).
Exemption
2. Subject to article 4, relevant work carried out by a local education authority in any financial year shall not be treated as a defined activity so long as each of the conditions set out in article 3 is fulfilled.
The conditions
3.—(1) The first condition is that the relevant work is carried out on the premises of a school conducted by a governing body to whom the authority have for the time being delegated the management of the school’s budget share in accordance with Chapter III of Part I of the Education Reform Act 19884.
(2) The second condition is that, before the beginning of the financial year in question, the authority have estimated that not more than the equivalent of three...
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