Draft Order laid before Parliament under section 77 of the Deregulation and Contracting Out Act 1994, for approval by resolution of each House of Parliament.
2005 No.
The Transport for London (Best Value) (Contracting Out of Investment and Highway Functions) Order 2005
Made
Coming into force
This Order is made in exercise of the powers conferred by section 70 of the Deregulation and Contracting Out Act 19941 as applied in relation to functions of a best value authority by section 18 of the Local Government Act 19992.
Before making this Order the First Secretary of State consulted with such representatives of local government as he considered appropriate.
The First Secretary of State considers the provision made by this Order to be necessary or expedient for the purpose of permitting or facilitating compliance by Transport for London with the requirements of Part 1 of the Local Government Act 1999.
In accordance with section 77(2) of the Deregulation and Contracting Out Act 1994 a draft of this Order was laid before and approved by resolution of each House of Parliament.
The First Secretary of State makes the following Order:
Citation and commencement1
This Order may be cited as the Transport for London (Best Value) (Contracting Out of Investment and Highway Functions) Order 2005 and shall come into force on the day after the day on which it is made.
Contracting out of investment functions2
1
The functions of Transport for London consisting of, or relating to, the investment of any sum for the time being held by it may, subject to the following paragraphs, be exercised by, or by the employees of, such person (if any) as may be authorised by Transport for London to do so.
2
The investment referred to in paragraph (1) must be an investment which, if made by Transport for London, would be permitted by virtue of section 12 of the Local Government Act 2003 (power to invest).
3
Articles 5 and 7 to 13 of the Local Authorities (Contracting Out of Investment Functions) Order 19963 shall apply in relation to functions mentioned in, or an authorisation given by virtue of, paragraph (1) as if—
a
a reference to an authority were a reference to Transport for London;
b
a reference to a contractor—
i
were a reference to any person to whom an authorisation is given by virtue of that paragraph; and
ii
except in the application of article 9 of that Order, included the employees of that person;
c
a reference to article 4 or Part 2 of that Order were a reference to that paragraph; and
d
a reference to an authorisation given by virtue of that Order were a reference to an authorisation given by virtue of that paragraph.
Contracting out of highway functions3
Any function of Transport for London which is conferred by or under any of the provisions—
a
described in Schedule 1, 2 or 3 to the Local Authorities (Contracting Out of Highway Functions) Order 19994; or
b
listed in the Schedule to the Local Authorities (Contracting Out of Highway Functions) (England) Order 20015
may be exercised by, or by the employees of, such person (if any) as may be authorised by Transport for London to do so.
Signed by authority of the First Secretary of State
(This note is not part of the Order)