The Construction Contracts (England and Wales) Exclusion Order 1998

Agreements under statute

3.  A construction contract is excluded from the operation of Part II if it is—

(a) an agreement under section 38 (power of highway authorities to adopt by agreement) or section 278 (agreements as to execution of works) of the Highways Act 1980(1);

(b) an agreement under section 106 (planning obligations), 106A (modification or discharge of planning obligations) or 299A (Crown planning obligations) of the Town and Country Planning Act 1990(2);

(c) an agreement under section 104 of the Water Industry Act 1991(3) (agreements to adopt sewer, drain or sewage disposal works); or

(d) an externally financed development agreement within the meaning of section 1 of the National Health Service (Private Finance) Act 1997(4) (powers of NHS Trusts to enter into agreements).

(1)

1980 c. 66: section 38 was amended by and section 278 substituted by the New Roads and Street Works Act 1991 (c. 22) sections 22 and 23.

(2)

1990 c. 8: section 106 was substituted and the other sections inserted by section 12 of the Planning and Compensation Act 1991 (c. 34).

(3)

1991 c. 56.

(4)

1997 c. 56.