Local Government Act 1988 (Competition) (Personnel Services) (Wales) Regulations 1997

JurisdictionUK Non-devolved
CitationSI 1997/129

1997 No. 129

LOCAL GOVERNMENT, ENGLAND AND WALESWALES

The Local Government Act 1988 (Competition) (Personnel Services) (Wales) Regulations 1997

Made 28th January 1997

Laid before Parliament 31th January 1997

Coming into force 21th February 1997

The Secretary of State for Wales, in exercise of the powers conferred on him by sections 6(3) and 15(6) of the Local Government Act 19881, and of all other powers enabling him in that behalf, hereby makes the following Regulations:

S-1 Citation, commencement and application

Citation, commencement and application

1.—(1) These Regulations may be cited as the Local Government Act 1988 (Competition) (Personnel Services) (Wales) Regulations 1997 and shall come into force on 21st February 1997.

(2) These Regulations apply only in relation to the following defined authorities2in Wales—

(a)

(a) a local authority3;

(b)

(b) a combined fire authority;

(c)

(c) a National Park authority4; and

(d)

(d) a joint committee which falls to be treated as a defined authority by section 1(4) of the Act and which is appointed only by two or more defined authorities within paragraph (a), (b) or (c) above.

S-2 Interpretation

Interpretation

2. In these Regulations—

the Act” means the Local Government Act 1988;

“the cost” means the estimated total annual cost including overheads provided that those overheads are not treated by a defined authority as forming part of the cost of—

(a) another defined activity; or

(b) work to which Part III of the Local Government, Planning and Land Act 1980 (direct labour organisations)5applies;

“the specified proportion” means an amount equal to the product of the formula—

where

T

an amount equal to the cost to a defined authority of the specified work;

A

an amount equal to the cost of specified work which is being carried out by a person other than a defined authority in connection with work falling within any other defined activity or in connection with work to which Part III of the Local Government, Planning and Land Act 1980 applies where that work is being carried out by another person on behalf of a defined authority;

B

an amount equal to any amount included in T in respect of goods or services which are provided by a person other than a defined authority;

C

an amount equal to—

(a) 85% of (T−(A+B)) or £400,000, whichever is greater, in relation to specified work carried out by a combined fire authority; or

(b) 60% of (T−(A+B)) or £300,000, whichever is greater, in relation to specified work carried out by any other defined authority to which these Regulations apply.

E

an amount equal to the cost of any specified work being carried out following a competitive tendering process in respect of that work conducted in accordance with the provisions of the Act;

F

an amount equal to the cost of any specified work being carried out by a person other than a defined authority following a competitive tendering process where—

(a) no defined authority submitted a bid to carry out that work; and

(b) that work has previously been carried out by the defined authority conducting...

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