C1Part I Best Value
F5Exclusion of non-commercial considerations
S. 19 cross-heading inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 7 para. 2(2); S.I. 2008/917, art. 2(1)(a)
I1 19 Contracts: exclusion of non-commercial considerations.
1
The Secretary of State may by order provide, F1in relation to—
a
all F8relevant authorities,
b
particular F9relevant authorities, or
c
particular descriptions of F10relevant 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).
F22A
The power under subsection (2)(c) includes, in particular, power to make different provision for different authorities or descriptions of authority.
3
F3Subject 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.
F43A
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 F7relevant authority shall have regard to any guidance issued by the Secretary of State.
F65
In this section, “relevant authority” means—
a
a best value authority,
F12aa
a county council or county borough council in Wales,
F11ab
a National Park authority for a National Park in Wales,
F11ac
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.
Pt. I modified (18.11.2003 so far as relating to E. and so far as relating to a best value authority in W. mentioned in s. 101(7), 27.11.2003 so far as relating to a best value authority in W., other than one mentioned in s. 101(7)) by Local Government Act 2003 (c. 26), ss. 101, 128(3)(b), 128(4)(c), 128(5), 128(6); S.I. 2003/2938, art. 2(b) (with art. 8Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I