Local Government Act 1988

21 Transitional duty of public authorities as regards existing lists. E+W+S

(1) Subject to subsection (3) below, it is the duty of a public authority which, at the commencement of this section, maintains an approved list—

(a) to consider whether persons have been included in or excluded from the list by reference to non-commercial matters, and

(b) if it appears to the authority that that is the case to compile the list afresh in accordance with subsections (4) to (6) below.

(2) Persons shall be treated by a public authority as having been excluded from a list by reference to non-commercial matters if, in relation to the list, the authority has—

(a) circulated to potential contractors questionnaires including questions relating to non-commercial matters, or

(b) notified potential contractors of its intention to have regard to non-commercial matters, or

(c) issued statements of policy framed by reference to non-commercial matters.

(3) Inclusion or exclusion by a local authority from its list by reference to a non-commercial matter does not give rise to the duty to compile the list afresh under subsection (1) above if that matter falls within paragraph (a) (but no other paragraph) of section 17(5) above and the local authority’s action was reasonably necessary to secure compliance with section 71 of the M1 Race Relations Act 1976.

(4) The duty of an authority to compile afresh an approved list shall be discharged as follows—

(a) the authority shall publish notice of its intention to compile the list afresh and (by the notice) invite persons to apply within a specified period to be included in the list; and

(b) at the end of that period the authority shall proceed to compile the list afresh from among the applicants in accordance with the duty imposed by section 17 above.

(5) Publication by an authority of the notice required by subsection (4) above shall be effected by causing the notice to be published—

(a) in at least one newspaper circulating in the authority’s area or, if the extent of the authority’s functions so require, in at least one national newspaper; and

(b) in at least one newspaper or journal circulating among such persons as undertake contracts of the description to which the list relates.

(6) The period specified in the notice under subsection (4) above as the period within which applications are to be made shall not be shorter than the period of 28 days beginning with the date of publication of the notice.

(7) The duty imposed by this section shall be discharged by a public authority as soon as is reasonably practicable after the commencement of this section and in any event within the period of three months.

(8) This section does not create a criminal offence but paragraph (a) of section 19(7) above applies for the purposes of the duty imposed by this section as it applies for the purposes of the duty imposed by section 17(1) above.

(9) Expressions used in this section and section 17 above have the same meaning in this section as in that section.

Marginal Citations

M1 1976 c. 74.