
1 
These Regulations may be cited as the Local Government, Planning and Land Act 1980 (Competition) (Wales) Regulations 1994 and shall come into force on 1st April 1994.
2 
In these Regulations—
 “the Act” means the Local Government, Planning and Land Act 1980;
 “emergency work” means work of any description the necessity for which could not reasonably have been foreseen by the local authority concerned and which is—
(a) required to avert, alleviate or eradicate in its area, or any part of it, the effects or potential effects of any emergency or disaster which involves or is likely to involve risk of serious damage to or destruction of property or risk of injury or danger to health or life;
(b) required to be put in hand as a matter of urgency within 48 hours of the emergency or disaster occurring; and
(c) not work on a scale or of a nature normally undertaken by that local authority;
 “DLO revenue account” has the meaning given to it by sections 10(1) and 20(1) of the Act;
 “estimated cost” in relation to a job, means the aggregate of the amounts which a local authority will credit to its DLO revenue account in respect of the carrying out of the job—
(a) so far as such amounts will fall to be determined in accordance with a written statement prepared in compliance with section 9(2)(a) of the Act, as so determined; and
(b) so far as such amounts will fall to be determined in accordance with a method specified in a written statement prepared in accordance with section 9(2)(b) of the Act, as estimated in accordance with that method;
 “functional work” has the meaning given to it by sections 8 and 20(1) of the Act;
 “job” means all the functional work which can reasonably be carried out most economically and efficiently under one arrangement;
 “local authority” means such of the local authorities specified in the definition of “local authority” in section 20(1) of the Act as exist in Wales;
 “works contract” has the meaning given to it by sections 5(1) and 20(1) of the Act;
 “works of construction” means building or engineering works of any description not being the construction of a sewer or works of maintenance;
 “works of maintenance” includes minor renewals, minor improvements and minor extensions.
3 
These Regulations apply only to local authorities in Wales.
4 
For the purposes of section 7(1) of the Act (prescribed amounts of certain works contracts) the amount of £500,000 is hereby prescribed in respect of a works contract.
5 
In ascertaining (for the purposes of these Regulations) whether a works contract exceeds the prescribed amount regard shall be had only to so much of the value of the contract as is attributable to works of construction.
6 
For the purposes of determining whether the value of a works contract exceeds the amount prescribed by regulation 4 the value of any other contract made within the preceding 6 months by the local authority in question for work of the same or similar description on the same site  or surface or on an adjacent site or surface shall be treated as forming part of the value of that contract.
7 
Section 7(1) of the Act shall not apply to a works contact where, notwithstanding that the value of the contract exceeds the prescribed amount of £500,000, it is a contract for the carrying out of emergency work.
8 
Subject to regulation 9 a local authority may not unless they have first complied with the conditions mentioned in section 9(3)(a) of the Act, as well as with those in section 9(2), undertake functional work which is a job involving works of construction where the estimated cost of that job, which is attributable to works of construction, exceeds £500,000.
9 
Regulation 8 shall not apply to emergency work.
10 
The Local Government (Direct Labour Organisations) (Competition) Regulations 1989 shall on 1st April 1994 cease to apply to local authorities in Wales.
John Redwood
Secretary of State for Wales
14th February 1994