Draft Order laid before Parliament under section 19(3) of the Local Government Act 1999 for approval by resolution of each House of Parliament.
2022 No.
The Local Government (Exclusion of Non-commercial Considerations) (England) Order 2022
Made
Coming into force
The Secretary of State for Levelling Up, Housing and Communities makes this Order in exercise of the powers conferred by section 19(1) and (2) of the Local Government Act 19991 (“the 1999 Act”).
In accordance with section 19(3) of the 1999 Act, a draft of this Order has been laid before and approved by resolution of each House of Parliament.
Citation, commencement, extent and application1
1
This Order may be cited as the Local Government (Exclusion of Non-commercial Considerations) (England) Order 2022.
2
This Order comes into force on the day after the day on which the Order is made.
3
This Order extends to England and Wales and applies to England only.
Interpretation2
In this Order—
“the 1988 Act” means the Local Government Act 19882;
“public supply or works contracts” has the meaning at section 17(3) of the 1988 Act.
Matters not to be non-commercial matters in relation to best value authorities and parish councils3
The matters specified in section 17(5)(e) of the 1988 Act (local and other public authority contracts: exclusion of non-commercial considerations) cease to be non-commercial matters for the purposes of section 17 of that Act in respect of the exercise of the functions regulated by that section by a best value authority3 or by a parish council in relation to any of its proposed or subsisting public supply or works contracts where—
a
the country or territory of origin of supplies to the contractor is the Russian Federation or the Republic of Belarus, or
b
the location of the business activities or interests of a contractor is the Russian Federation or the Republic of Belarus.
Signed by authority of the Secretary of State for Levelling up, Housing and Communities
(This note is not part of the Order)