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Local Government Act 1999

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Changes over time for: Section 19

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There are currently no known outstanding effects for the Local Government Act 1999, Section 19. Help about Changes to Legislation

19 Contracts: exclusion of non-commercial considerations. E+W+S

This section has no associated Explanatory Notes

(1)The Secretary of State may by order provide, [F1in relation to—

(a)all [F2relevant authorities],

(b)particular [F3relevant authorities], or

(c)particular descriptions of [F4relevant authority],

for] a specified matter to cease to be a non-commercial matter for the purposes of section 17 of the M1Local Government Act 1988 (local and other public authority contracts: exclusion of non-commercial considerations).

(2)An order under this section may—

(a)provide for a matter to cease to be a non-commercial matter for specified purposes or to a specified extent;

(b)apply in relation to specified authorities, functions or contracts;

(c)make different provision for different cases;

(d)include consequential or transitional provision (including provision amending an enactment).

[F5(2A)The power under subsection (2)(c) includes, in particular, power to make different provision for different authorities or descriptions of authority.]

(3)[F6Subject to subsection (3A),] no order shall be made under this section unless a draft has been laid before, and approved by resolution of, each House of Parliament.

[F7(3A)An order under this section which is made only for the purpose of amending an earlier order under this section—

(a)so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or

(b)so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

(4)In exercising a function regulated by section 17 of the Local Government Act 1988 with reference to a matter which is the subject of an order under this section a [F8relevant authority] shall have regard to any guidance issued by the Secretary of State.

[F9(5)In this section, “relevant authority” means—

(a)a best value authority,

[F10(aa)a county council or county borough council in Wales,]

[F11(ab)a National Park authority for a National Park in Wales,]

[F11(ac)a fire and rescue authority in Wales, constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies,]

(b)a parish council, or

(c)a community council.]

Textual Amendments

F1S. 19(1)(a)-(c) and words substituted for words (18.11.2003 for E., 27.11.2003 for W.) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 3 para. 10(2); S.I. 2003/2938, art. 3(a) (with art. 8 Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I

F6Words in s. 19(3) inserted (18.11.2003 for E., 27.11.2003 for W.) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 3 para. 10(4); S.I. 2003/2938, art. 3(a) (with art. 8 Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I

Commencement Information

I1S. 19 wholly in force at 27.7.2000; s. 19 not in force at Royal Assent see s. 27; s. 19 in force (E.) at 27.9.1999 and (W.) for certain purposes at 27.9.1999 by S.I. 1999/2169, art. 3(2), Sch. 2; s. 19(1)(2)(4) in force (W.) at 1.10.1999 by S.I. 1999/2815, art. 2; s. 19 in force at 27.7.2000 in so far as not already in force see s. 27

Marginal Citations

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