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Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision under Part I of the Local Government Act 1988 (“the Act”) in respect of the activity of managing sports and leisure facilities by local authorities and specified authorities (defined in regulation 2) in Scotland. Managing sports and leisure facilities is one of the “defined activities” to which Part I of the Act applies, having been added to the list of defined activities in section 2(2) of the Act by the Local Government Act 1988 (Competition in Sports and Leisure Facilities) Order 1989 (S.I. 1989/2488).

Regulation 3 applies section 6 of the Act to this activity in stages, that is to the extents and in accordance with the dates specified in that regulation, and with full application from 1st January 1993. Local authorities and specified authorities are thus required, in accordance with section 6, to submit functional work falling within that activity (defined in regulation 2 as “specified work”) to competition before they can carry it out themselves.

Regulation 4 specifies the minimum and maximum periods for which local authorities and specified authorities may invite offers to carry out functional work falling within this activity.