HC Deb 12 June 1996 vol 279 cc218-22W
Mr. Donohoe

To ask the Secretary of State for Scotland what considerations underlay the statement in the Scottish Office Development Department circular 6/96 regarding the compliance of tendering practices with legislation; to which legislation this statement refers; and if the Scottish Office has received external legal guidance to support this assessment. [31567]

Mr. Kynoch

[holding answer 7 June 1996]: The basic legislation is the Local Government, Planning and Land Act 1980, the Local Government Act 1988 and the Local Government Act 1992, and regulations made thereunder. The purpose of the circular, which was issued after careful consideration of all relevant factors and reflects experience, is to provide guidance to authorities on how they may avoid conduct which has the effect or is intended or likely to have the effect of restricting, distorting or preventing competition and thus ensure value for money for the council tax payer. The circular replaces one issued in 1993.

Mr. Donohoe

To ask the Secretary of State for Scotland (1) how many representations he has received indicating that Scottish local authorities have been increasing the capacity of their direct labour organisations; and who made these complaints; [31569]

(2) pursuant to his Department's letter to the president of the Convention of Scottish Local Authorities of 11 May, which Scottish local authorities have used his Department's moratorium on compulsory competitive tendering to increase direct labour organisation in-house capacity; and if he will list the evidence supporting the claim. [31576]

Mr. Kynoch

[holding answer 7 June 1996]: We have received some 20 written complaints from contractors and other interested parties, whom it would not be appropriate to name, about authorities' actions during the CCT moratorium. We have also received representations at meetings which I and my officials have attended and have received other oral complaints. The representations have not concentrated on authorities increasing their DLO in-house capacity, on which we have no information centrally. Instead, the representations have referred to authorities taking work in-house without tendering the market and without ensuring best value for money for the council tax payer.

Mr. Donohoe

To ask the Secretary of State for Scotland if he will list all the legislation, statutory instruments, regulations and circulars relating to compulsory competitive tendering that have been passed or issued since 1980. [31570]

Mr. Kynoch

[holding answer 7 June 1996]: The information is as follows:

CCT regulations and statutory instruments
Regulations Date in force
The Local Government (Direct Labour Organisations) (Competition) (Scotland) Regulations 1982 (SI 1982/318) 1 April 1982
The Local Government (Direct Labour Organisations) (Accounts) (Scotland) Regulations 1982 (SI 1982/319) 1 April 1982
The Local Government (Direct Labour Organisations) (Competition) (Scotland) Regulations 1984 (SI 1984/159) 1 April 1984
The Local Government (Direct Labour Organisations) (Competition) (Scotland) Amendment Regulations 1988 (SI 1988/956) 1 July 1988
The Local Government Act 1988 (Defined Activities) (Competition) (Scotland) Regulations 1988 (SI 1988/1413) 1 September 1988
The Local Government Act 1988 (Defined Activities) (Specified Periods) (Scotland) Regulations 1988 (SI 1988/1414) 1 September 1988
The Local Government Act 1988 (Defined Activities) (Exemptions) (Scotland) (Order) 1988 (SI 1988/1415) 1 September 1988
The Local Government Act 1988 (Competition in Sports and Leisure Facilities) Order 1989 (SI 1989/2488) 28 December 1989
The Local Government Act 1988 (Defined Activities) (Competition and Specified Periods) (Scotland) Regulations 1990 (SI 1990/1484)20 August 1990
The Local Government Act 1988 (Defined Activities) (Exemptions) (Scotland) Amendment Order 1990 (SI 1990/1485) 20 August 1990
The Local Government (Direct Labour Organisations) (Competition) (Scotland) Regulations 1990 (SI 1990/1782) 1 October 1990/ 1 April 1991
CCT regulations and statutory instruments
Regulations Date in force
The Local Government (Direct Labour Organisations) (Specified Number of Employed Persons) (Scotland) Order 1990 (SI 1990/1783) 1 October 1990
The Local Government Act 1988 (Defined Activities) (Competition) (Scotland) Amendment Regulations 1990 (SI 1990/2286) 18 December 1990
The Local Government Act 1988 (Defined Activities) (Competition) (Scotland) Amendment (No. 2) Regulations 1990 (SI 1990/2498)31 December 1990
The Local Government (Direct Labour Organisations) (Competition) (Scotland) Amendment Regulations 1991 (SI 1991/243) 1 April 1991
The Local Government Act 1988 (Defined Activities) (Competitions and Specified Periods) (Scotland) Amendment Regulations 1991 (SI 1991–2548) 4 December 1991
The Local Government Act 1988 (Defined Activities) (Specified Periods) (Scotland) Amendment Regulations 1993 (SI 1993–178) 28 February 1993
The Local Government (Direct Service Organisations) (Competition) Regulations 1993 (SI 1993/848) 10 May 1993
The Local Government Act 1988 (Competition) (Defined Activities) (Housing Management) Order 1994 (SI 1994–1671) 23 June 1994
The Local Government Act 1988 (Competition) (Defined Activities) Order 1994 (SI 1994–2884) 10 November 1994
The Local Government act 1988 (Competition) (Defined Activities) (Construction and Property Services) Order 1994 (SI 1994–2888) 11 November 1994
The Local Government Act 1988 (Defined Activities) (Exemption) (Livingston Development Corporation) Order 1994 (SI 1994–3084) 31 December 1994
The Local Government Act 1988 (Supervision of Parking) (Exemption) (Scotland) Order 1994 (SI 1994–3107) 31 December 1994
The Local Government Act 1980 (Defined Activities) (Exemption of Development Corporations) (Scotland) Order 1995 (SI 1995–517)31 March 1995
The Local Government, Planning and Land Act 1980 (Competition) (Scotland) Regulations 1995 (SI 1995–677) 31 March 1995
The Local Government (Exemption from Competition) (Scotland) Order 1995 (SI 1995–678) 31 March 1995
The Local Government (Direct Service Organisations) (Competition) (Amendment) Regulations 1995 (SI 1995–1336) 14 June 1995
The Local Government Act 1988 (Defined Activities) (Competition) (Scotland) Amendment Regulations 1995 (SI 1995–1972) 20 August 1995
The Local Government (Direct Labour Organisations) (Accounts) (Scotland) Regulations 1996 (SI 1996–784) 1 April 1996
The Local Government Act 1988 (Defined Activities) (Specified Periods) Regulations 1996 (SI 1996–917) 1 May 1996
CCT circulars
Circular number Date Title of circular
46/1980 18 December 1980 Local Government, Planning and Land Act 1980
8/1982 25 March 1982 Local Government, Planning and Land Act 1980—Part III: Direct Labour Organisations
5/1984 28 February 1984 Local Government, Planning and Land Act 1980—Part III: Direct Labour Organisations
1/1987 22 January 1987 Local Government, Planning and Land Act 1980—Part III: Direct Labour Organisations
9/1988 20 May 1988 Local Government Act 1988
18/1988 23 August 1988 Local Government Act 1988: Part I and Schedule I Competition in the Provision of Local Authority Services
22/1990 7 September 1990 Local Government, Planning and Land Act 1980 Direct Labour Organisations
6/1991 8 March 1991 Local Government Act 1988 Part I: Competition in the Provision of Local Authority Services
9/1991 26 March 1991 Local Government, Planning and Land Act 1980 Direct Labour Organisations: Roads Work
18/1991 19 December 1991 Local Government Act 1988 Competition in Sport and Leisure Facilities
13/1993 14 June 1993 Local Government Act 1992, Section 9 Competition in the Provision of Local Authority Services
11/1994 30 March 1994 Local Government, Planning and Land Act 1980 Direct Labour Organisations (Rate of Return on Capital) (Scotland) Directions 1994 Local Government Act 1988 Financial Objectives (Scotland) Specifications 1994
22/1994 23 June 1994 The Local Government Act 1992 (Commencement No. 4) Order 1994 Local Government, Planning and Land Act 1980 Direct Labour Organisations Financial Objectives (Scotland) Specifications 1994
10/1995 30 March 1995 Extension of Compulsory Competitive Tendering to Legal and Further Manual Services and to Professional Construction and Property Services
13/1995 21 June 1995 The Local Government (Exemption from Competition) (Scotland) Order 1995: SI No. 678 The Local Government, Planning and Land Act 1980 (Competition) (Scotland) Regulations 1995: I No. 677
6/1996 2 April 1996 Guidance on the Conduct of Compulsory Competitive Tendering
8/1996 27 March 1996 Local Government, Planning and Land Act 1980 Financial Objectives (Scotland) Specifications 1996 Local Government Act 1988 Financial Objectives (Scotland) Specifications 1996

The above circulars, with one exception, were issued by the Scottish Development Department/the Scottish Office Environment Department/the Scottish Office Development Department. The one exception is circular 18/1991, which was issued by the Scottish Office Education Department.

Mr. Donohoe

To ask the Secretary of State for Scotland what has been the cost in terms of(a) civil servant staff time and (b) other expenditure incurred by his Department in preparing legislation, statutory instruments, regulations and circulars relating to compulsory competitive tendering since 1980. [31571]

Mr. Kynoch

[holding answer 7 June 1996]: This information is not available, but I refer the hon. Member to the reply that I gave to the hon. Member for Dundee, East (Mr. McAllion) on 24 April 1996, Official Report, column 124.