3(1)Action taken in matters relating to contractual or other commercial transactions of any authority to which Part III of this Act applies, including transactions falling within sub-paragraph (2) below but excluding transactions falling within sub-paragraph (3) below.E+W
(2)The transactions mentioned in sub-paragraph (1) above as included in the matters which, by virtue of that sub-paragraph, are not subject to investigation are all transactions of an authority to which Part III of this Act applies relating to the operation of public passenger transport, the carrying on of a dock or harbour undertaking, the provision of entertainment, or the provision and operation of industrial establishments and of markets [F1other than transactions relating to the grant, renewal or revocation of a licence to occupy a pitch or stall in a fair or market, or the attachment of any condition to such a licence].
(3)The transactions mentioned in sub-paragraph (1) above as not included in those matters are—
(a)transactions for or relating to the acquisition or disposal of land [F2or the provision of moorings (not being moorings provided in connection with a dock or harbour undertaking)]; and
(b)all transactions (not being transactions falling within sub-paragraph (2) above) in the discharge of functions exercisable under any public general Act, other than those required for the procurement of the goods and services necessary to discharge those functions.
Textual Amendments
F1Words in Sch. 5 para. 2(2) inserted (28.4.1993) (with the view mentioned in art. 2 of S.I. 1993/940) by S.I. 1993/940, art. 2(i).
F2Words in Sch. 5 para. 2(3)(a) inserted (28.4.1993) (with the view mentioned in art. 2 of S.I. 1993/940) by S.I. 1993/940, art. 2(ii).