Compulsory competitive tendering for local authority services : a legal analysis of the Local Government Acts 1988 and 1992
One of the most significant developments affecting local government in the past fifteen years has been the imposition of compulsory competitive tendering. Initially compulsory competitive tendering (CCT), as imposed by the local Government, Planning and Land Act 1980, only affected the ability of local authorities to perform construction and maintenance work via their Direct Labour Organisations. However, the Local Government Acts 1988 and 1992 now establish a CCT regime for local authority services: this study will examine the development of this regime, rather than that established by the 1980 Act, and evaluate its provisions. This study will be divided into three major Parts. The first will examine the policy developments which preceded the establishment of compulsory competitive tendering for local authority services by virtue of Part 1 of the Local Government Act 1988, and then consider the developments in policy which led to the subsequent expansion of the range of services to CCT and the refinement of the tendering regime which has followed the enactment of the Local Government Act 1992. It is intended to consider the development of the CCT regime within the context of wider legislative developments in local government over the past fifteen years, and of wider policy initiatives relating to the institutional structure and role of both central and local government. The second, and main, Part of the research will be a detailed evaluation of the tendering regime which applies when local authorities wish to perform work via Direct Service Organisations. This regime is put in place by the Local Government Acts 1988 and 1992, and the delegated legislation issued pursuant to those statutes. A wide number of issues will be considered in this Part of the research.