Local Government Act 1988 (Defined Activities) (Exemptions) (Wales) Order 1994
| Jurisdiction | UK Non-devolved |
| Citation | SI 1994/339 |
1994 No. 339
LOCAL GOVERNMENT, ENGLAND AND WALES
The Local Government Act 1988 (Defined Activities) (Exemptions) (Wales) Order 1994
Made 14th February 1994
Laid before Parliament 21th February 1994
Coming into force 1st April 1994
The Secretary of State for Wales, in exercise of the powers conferred by sections 2(9) and 15(5) and (7) of the Local Government Act 19881and 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) (Exemptions) (Wales) Order 1994 and shall come into force on 1st April 1994.
Interpretation
2. In this Order—
“the Act” means the Local Government Act 1988;
“defined authority” has the meaning given to it by section 1(1) of the Act;
“functional work” has the meaning given to it by section 3(4) of the Act;
“works contract” has the meaning given to it by section 3(2) and (3) of the Act.
Application
3. This Order applies to the following defined authorities—
(a) a local authority in Wales other than a community council;
(b) a fire authority in Wales constituted by a combination scheme under the Fire Services Act 19472;
(c) a joint committee which falls to be treated as a defined authority by virtue of section 1(4) of the Act and of which at least one of the constituent local authorities is a local authority within the terms of paragraph (a) above.
Defined activity exemption conditions
4.—(1) During the period of three years beginning with 1st April 1994 none of the activities mentioned in section 2(2) of the Act shall be treated as a defined activity if carried out during that period by a defined authority to which this Order applies, so long as any one of the conditions specified in paragraph (2) is fulfilled.
(2) The conditions mentioned in paragraph (1) are—
(a)
(a) that the work to be carried out is not work in respect of which the Secretary of State has, prior to 1st April 1994, served a notice under section 13(2) of the Act or given a direction under section 14(2) of the Act;
(b)
(b) that notwithstanding a failure to meet the condition specified in the preceding sub-paragraph (a) by reason of the service of a notice under section 13(2) of the Act, the Secretary of State has consented to the defined authority entering into a works contract, or carrying out...
To continue reading
Request your trial