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The Local Government Act 1988 (Competition) (Scotland) Regulations 1997
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- 1997 No. 197 (S. 12)
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Regulation 2
SCHEDULE 1SPECIFIED PROPORTION—LEGAL SERVICES
1. The specified proportion in respect of legal services means the greater of–
(a)£0; or
(b)an amount equal to the product of the following 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–
(a)
work falling within any other defined activity; or
(b)
work to which Part III of the 1980 Act 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 whichever is the greater of–
(a)
55% of (T − (A + B));
(b)
£300,000;
D
=
for the period ending on 1st April 1999 or five years after work was awarded, whichever is the shorter, an amount equal to the cost of specified work which is being carried out following voluntary competitive tendering;
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 had previously been carried out by the defined authority conducting that process or by a predecessor of that authority;
G
=
an amount equal to the cost of specified work carried out by a defined authority which is funded from a school’s devolved budget allocated under a local authority’s devolved school management scheme; and
H
=
until 1st April 1999, an amount equal to the cost of specified work which is being carried out by a defined authority in connection with functional work falling within housing management where that functional work is not subject to section 6 of the Act.
2. Where an amount is counted towards any such cost or amount as is specified in component A, B, D, E, F, G or H in paragraph 1(b) above–
(a)that amount may not be counted towards any other cost or amount in any such component; and
(b)that amount may not be counted towards any cost or amount in any component in paragraph 1(b) of Schedule 2, 3, 4 or 5 to these Regulations.
Regulation 2
SCHEDULE 2SPECIFIED PROPORTION—CONSTRUCTION AND PROPERTY SERVICES
1. The specified proportion in respect of construction and property services means the greater of–
(a)£0; or
(b)an amount equal to the product of the following 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–
(a)
work falling within any other defined activity; or
(b)
work to which Part III of the 1980 Act 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 whichever is the greater of–
(a)
35% of (T − (A + B));
(b)
£300,000;
D
=
for the period ending on 1st April 1999 or five years after work was awarded, whichever is the shorter, an amount equal to the cost of specified work which is being carried out following voluntary competitive tendering;
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 had previously been carried out by the defined authority conducting that process or by a predecessor of that authority;
G
=
an amount equal to the cost of specified work carried out by a defined authority which is funded from a school’s devolved budget allocated under a local authority’s devolved school management scheme; and
H
=
until 1st April 1999, an amount equal to the cost of specified work which is being carried out by a defined authority in connection with functional work falling within housing management where that functional work is not subject to section 6 of the Act.
2. Where an amount is counted towards any such cost or amount as is specified in component A, B, D, E, F, G or H in paragraph 1(b) above–
(a)that amount may not be counted towards any other cost or amount in any such component; and
(b)that amount may not be counted towards any cost or amount in any component in paragraph 1(b) of Schedule 1, 3, 4 or 5 to these Regulations.
Regulation 2
SCHEDULE 3SPECIFIED PROPORTION—FINANCIAL SERVICES
1. The specified proportion in respect of financial services means the greater of–
(a)£0; or
(b)an amount equal to the product of the following formula–
where
T
=
an amount equal to the cost to a defined authority of the specified work and of determination 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–
(a)
work falling within any other defined activity; or
(b)
work to which Part III of the 1980 Act 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 whichever is the greater of–
(a)
50% of (T − (A + B));
(b)
£300,000;
D
=
for the period ending on 1st April 1999 or five years after work was awarded, whichever is the shorter, an amount equal to the cost of specified work which is being carried out following voluntary competitive tendering;
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 had previously been carried out by the defined authority conducting that process or by a predecessor of that authority;
G
=
an amount equal to the cost of specified work carried out by a defined authority which is funded from a school’s devolved budget allocated under a local authority’s devolved school management scheme; and
H
=
until 1st April 1999, an amount equal to the cost of specified work which is being carried out by a defined authority in connection with functional work falling within housing management where that functional work is not subject to section 6 of the Act.
2. Where an amount is counted towards any such cost or amount as is specified in component A, B, D, E, F, G or H in paragraph 1(b) above–
(a)that amount may not be counted towards any other cost or amount in any such component; and
(b)that amount may not be counted towards any cost or amount in any component in paragraph 1(b) of Schedule 1, 2, 4 or 5 to these Regulations.
3. In paragraph 1 above, “determination work” means work in connection with the determination of payments in pursuance of any functions conferred on an authority by or under the Social Security Contributions and Benefits Act 1992(1) or the Social Security Administration Act 1992(2).
Regulation 2
SCHEDULE 4SPECIFIED PROPORTION—INFORMATION TECHNOLOGY SERVICES
1. The specified proportion in respect of information technology services means the greater of–
(a)£0; or
(b)an amount equal to the product of the following 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–
(a)
work falling within any other defined activity; or
(b)
work to which Part III of the 1980 Act 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 whichever is the greater of–
(a)
60% of (T − (A + B));
(b)
£300,000;
D
=
for the period ending on 1st April 1999 or five years after work was awarded, whichever is the shorter, an amount equal to the cost of specified work which is being carried out following voluntary competitive tendering;
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 had previously been carried out by the defined authority conducting that process or by a predecessor of that authority;
G
=
an amount equal to the cost of specified work carried out by a defined authority which is funded from a school’s devolved budget allocated under a local authority’s devolved school management scheme;
H
=
until 1st April 1999, an amount equal to the cost of specified work which is being carried out by a defined authority in connection with functional work falling within housing management where that functional work is not subject to section 6 of the Act; and
I
=
an amount equal to the cost of specified work which is being carried out by a defined authority at the request of any person (other than a local authority) carrying out work on the authority’s behalf, for the purpose of facilitating such work.
2. Where an amount is counted towards any such cost or amount as is specified in component A, B, D, E, F, G, H or I in paragraph 1(b) above–
(a)that amount may not be counted towards any other cost or amount in any such component; and
(b)that amount may not be counted towards any cost or amount in any component in paragraph 1(b) of Schedule 1, 2, 3 or 5 to these Regulations.
Regulation 2
SCHEDULE 5SPECIFIED PROPORTION—PERSONNEL SERVICES
1. The specified proportion in respect of personnel services means the greater of–
(a)£0; or
(b)an amount equal to the product of the following 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–
(a)
work falling within any other defined activity; or
(b)
work to which Part III of the 1980 Act 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 whichever is the greater of–
(a)
60% of (T − (A + B));
(b)
£300,000;
D
=
for the period ending on 1st April 1999 or five years after work was awarded, whichever is the shorter, an amount equal to the cost of specified work which is being carried out following voluntary competitive tendering;
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 had previously been carried out by the defined authority conducting that process or by a predecessor of that authority;
G
=
an amount equal to the cost of specified work carried out by a defined authority which is funded from a school’s devolved budget allocated under a local authority’s devolved school management scheme; and
H
=
until 1st April 1999, an amount equal to the cost of specified work which is being carried out by a defined authority in connection with functional work falling within housing management where that functional work is not subject to section 6 of the Act.
2. Where an amount is counted towards any such cost or amount as is specified in component A, B, D, E, F, G, or H in paragraph 1(b) above–
(a)that amount may not be counted towards any other cost or amount in any such component; and
(b)that amount may not be counted towards any cost or amount in any component in paragraph 1(b) of Schedule 1, 2, 3 or 4 to these Regulations.
Regulation 3
SCHEDULE 6APPLICATION OF SECTION 6 – MANAGEMENT OF VEHICLES
| Column 1 | Column 2 |
|---|---|
| Defined authority | Relevant date |
| Aberdeen City Council | 1st January 1998 |
| Aberdeenshire Council | 1st September 1997 |
| Angus Council | 1st July 1997 |
| Argyll and Bute Council | 1st July 1997 |
| East Ayrshire Council | 1st November 1997 |
| North Ayrshire Council | 1st January 1998 |
| South Ayrshire Council | 1st January 1998 |
| Clackmannanshire Council | 1st March 1998 |
| Dumfries and Galloway Council | 1st November 1997 |
| East Dunbartonshire Council | 1st July 1997 |
| West Dunbartonshire Council | 1st November 1997 |
| Dundee City Council | 1st September 1997 |
| City of Edinburgh Council | 1st May 1998 |
| Falkirk Council | 1st March 1998 |
| Fife Council | 1st November 1997 |
| Glasgow City Council | 1st November 1997 |
| Highland Council | 1st January 1998 |
| Inverclyde Council | 1st November 1997 |
| North Lanarkshire Council | 1st October 1997 |
| South Lanarkshire Council | 1st October 1997 |
| East Lothian Council | 1st May 1998 |
| Midlothian Council | 1st May 1998 |
| West Lothian Council | 1st May 1998 |
| Moray Council | 1st May 1998 |
| Orkney Islands Council | 1st July 1997 |
| Perth and Kinross Council | 1st January 1998 |
| East Renfrewshire Council | 1st March 1998 |
| Renfrewshire Council | 1st May 1998 |
| Scottish Borders Council | 1st January 1998 |
| Shetland Islands Council | 1st July 1997 |
| Stirling Council | 1st July 1998 |
| Western Isles Council | 1st July 1997 |
| A Joint Board | 1st July 1998 |
| A Joint Committee | 1st July 1998 |
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