Local Government Act 1988
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LocalGovernment Act 1988 CHAPTER 9 LONDON.• HMSO Reprinted 1995 Local Government Act 1988 CHAPTER 9 ARRANGEMENT OF SECTIONS PART I COMPETITION Preliminary Section Defined authorities. 2. Defined activities. 3. Other definitions. Works contracts: restrictions 4. Works contracts: restrictions. 5. Works contracts: transitional. Functional work: restrictions 6. Functional work: restrictions. 7. The conditions. 8. The conditions: further provisions. Accounts, reports and information 9. Accounts to be kept. 10. Financial objectives to be met. 11. Report for financial year. 12. Information. Sanctions 13. Notice for purpose of getting infonnation. 14. Power to give directions. A* Government Government Act 1988 1988 Local Local 9 9 c. c. Miscellaneous Miscellaneous Section Section and and Orders, Orders, regulations, directions. specifications specifications 15. 15. Supplementary. Supplementary. 16. 16. II II PA.RT PA.RT WORKS WORKS PUBLIC PUBLIC SUPPLY CONTRACTS CONTRACTS OR OR of of authority authority and and other public public Local Local exclusion exclusion 17. 17. contracts: contracts: non- non- considerations. considerations. commercial commercial relations relations Race Race 18. 18. matters. matters. consequential consequential Provisions Provisions supplementary section section 19. 19. to to 17. 17. or or on on of of Duty Duty authorities authorities public public for give give 20. 20. certain certain decisions decisions to to reasons reasons within within section 17. 17. of of Transitional Transitional duty duty public authorities regards existing existing 21. 21. lists. lists. as as of of for for Exclusion Exclusion charges inclusion inclusion in in 22. 22. approved approved list. list. Commencement. Commencement. 23. 23. III III PART PART LET LET HOUSING ACCOMMODATION ACCOMMODATION PRIVATELY PRIVATELY provide provide financial financial for for privately housing housing Power Power to to assistance let let 24. 24. accommodation.. accommodation.. of of Consent Consent required for provision financial financial assistance 25. 25. etc. etc. Consents Consents under section section 25. 25. 26. 26. IV IV PART PART GENERAL GENERAL MISCELLANEOUS MISCELLANEOUS AND AND Miscellaneous Miscellaneous publicity. publicity. authority authority Local Local 27. 27. Prohibition Prohibition promoting homosexuality homosexuality teaching by by by by 28. 28. on on or or publishing publishing material. administration. administration. Local Local 29. 29. government government of of Additional Additional auditors authorities for for local local 30. 30. etc. etc. powers powers Land Land public public bodies. held held by by 31. 31. labour labour Direct Direct organisations. 32. 32. authority authority Local Local companies. 33. 33. Arrangements Arrangements under Employment and Training Act Act 34. 34. 1973. 1973. of of Amendment Amendment Government (Scotland) (Scotland) Act Local Local 1973. 1973. 35. 35. Commutation Commutation of of smallholdings 36. 36. payments. payments. registration registration Dog Dog scheme. scheme. 37. 37. of of Abolition Abolition duty duty dog licences. licences. 38. 38. on on of of Control Control dogs. dogs. 39. 39. stray stray General General Finance. Finance. 40. 40. Repeals. Repeals. 41. 41. Citation Citation and and 42. 42. extent. extent. SCHEDULES: SCHEDULES: Schedule Schedule 1—Competition. works works public Schedule Schedule 2—Public supply the the contracts: contracts: or or authorities. authorities. administration. administration. Schedule Schedule 3—Local 3—Local government government Local Government Act 1988 c. 9 iii Schedule 4—Sections to be inserted in Part III of Local Government Finance Act 1982. Schedule 5—Land held by public bodies. Schedule 6—Direct labour organisations. Schedule 7—Repeals. ELIZABETH II c. 9 Local Government Act 1988 1988 CHAPTER 9 An Act to secure that local and other public authorities undertake certain activities only if they can do so competitively; to regulate certain functions of local and other public authorities in connection with public supply or works contracts; to authorise and regulate the provision of financial assistance by local authorities for certain housing purposes; to prohibit the promotion of homosexuality by loôal authorities; to make provision about local authorities' publicity, local government administration, the powers of auditors, land held by public bodies, direct labour organisations, arrangements under the Employment and Training Act 1973, the Commission for Local Authority Accounts in Scotland, the auditing of accounts of local authorities in Scotland, and dog registration, dog licences and stray dogs; and for connected purposes. [24th March 1988] E IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and c.nsent of the Lords Spiritual and Temporal, B and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— PART I COMPETITION Preliminary 1 .—( 1) For the purposes of this Part each of the following is a defined Defined authority— authorities. (a) a local authority, Local Local 9 9 2 2 Government Government Act 1988 1988 c. c. PART PART urban urban development development (b) (b) I I corporation corporation order order established established by by an an an an of of under under the the Government, Planning section section Local 135 135 and and Land 1980 1980 65. c. c. Act Act 1980, 1980, of of corporation corporation for for the development development established established (c) (c) purposes purposes a a a a new town, town, Commission Commission (d) (d) for for the the the New Towns, authority authority constituted constituted under police police (e) (e) of of section section the the Police Act 2 2 48. 48. 1964 1964 a a c. c. of of that 3(l) 3(l) mentioned mentioned Act, Act, established in in section 1964 1964 or or as as or or of of section section the Local by by 24 24 Government Government Act Act 25 25 1985, 1985 1985 51. or or c. c. authority authority constituted combination combination by by fire fire (f) (f) and and scheme scheme a a a a a metropolitan metropolitan and and fire fire civil civil authority, authority, county county defence defence London London Authority, Authority, the the Fire and Defence Defence Civil Civil (g) (g) metropolitan metropolitan (h) (h) authority, authority, transport transport county county a a passenger passenger authority authority order order established established by (i) (i) of of under under the the section section 10(1) 10(1) an an an Government Government disposal), disposal), Local Local Act (waste (waste 1985 1985 joint joint education education committee committee established (j) (j) order order under by by an an a a paragraph paragraph of of Part Part of of Education Education the the II II Schedule 3 3 to to Act 1 1 1944 1944 3!. 3!. 1944 1944 c. c. Inner Inner London Education Authority, and and the the board board development development in (k) (k) and and Scotland, Scotland, water water a a Scottish Scottish Special Special (1) (1) Housing Housing Association. the the of of In In the application this this (2) (2) Part Part and and "local "local England England Wales, Wales, to to authority" authority" subsection subsection above in in (1) (1) means— means— London London borough district district council, council, council, council, (a) (a) county county council, council, a a a a parish parish community community council, council, of of the the Council the council council Isles Isles or or a a a a of of Scully; Scully; of of of London London Common Common capacity capacity the the the City Council Council (b) (b) in its as as authority authority authority. authority. police police local local or or of of application application In In the Scotland, Scotland, subsection this this (3) (3) Part Part to to above— above— in in (1) (1) authority" authority" "local "local (a) (a) district district council council regional, regional, islands or or means means a or or joint joint joint joint board board committee committee within the of of meaning meaning the the or or any any Government Government (Scotland) (Scotland) Local Local and and Act Act 1973, 1973, 65. 65. 1973 1973 c. c. board" board" "water "water development development meaning has has the (b) (b) section section in in same same as as of of the the Water (Scotland) 109(1) 109(1) Act Act 1980. 1980. 1980 1980 45. c. c. In In where defined defined (4) (4) authorities authorities under two two or or arrange more more a a case section section 101 101 ajoint ajoint of of the the Local Government for for the discharge Act Act 1972 1972 by by 1972c. 1972c. 70. 70. of of of of of their their theirs theirs functions, the committee committee committee itself itself shall shall be be any any authority authority treated treated for for defined defined of of Part Part this this the the its in in purposes purposes as as a application application England England and and Wales. Wales. to to of of for for this this This This section the the applies applies 2.—(1) 2.—(1) Part. Part. Defined Defined activities. purposes purposes of of the the Each Each defined defined activity— following following (2) (2) is a a of of collection collection refuse, refuse, (a) (a) of of cleaning cleaning buildings, buildings, (b) (b) other other cleaning, cleaning, (c) (c) of of catering catering for (d) (d) and and schools schools welfare, welfare, purposes purposes other other catering, catering, (e) (e) of of maintenance maintenance (1) (1) ground, ground, and and Local Government Act 1988 c. 9 3 (g) repaii and maintenance of vehicles; PART I and Schedule I to this Act applies for the purpose of interpreting the preceding provisions of this subsection. (3) The Secretary of State may by order provide for an activity to be a defined activity by adding a paragraph to those for the time being appearing in subsection (2) above. (4) Before making an order under subsection (3) above, the Secretary of State shall consult such representatives of local government as appear to him to be appropriate.