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Procurement Act 2023
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- 2023 c. 54
- PART 12
- Section 116
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116Disapplication of duty in section 17 of the Local Government Act 1988U.K.
This section has no associated Explanatory Notes
(1)In section 17 of the Local Government Act 1988 (exclusion of non-commercial considerations), in subsection (11), after “imposed on it by” insert “the Procurement Act 2023 or”.
(2)A Minister of the Crown or the Welsh Ministers may by regulations make provision disapplying the duty under section 17(1) of the Local Government Act 1988 (“the 1988 Act”) as it relates to a relevant authority.
(3)The regulations may disapply the duty as it relates to—
(a)all relevant authorities or those that are specified;
(b)all functions that are regulated by section 17 of the 1988 Act (see subsection (4) of that section) or those that are specified;
(c)contracts of all types mentioned in section 17(1) of the 1988 Act, or of those types that are specified;
(d)all non-commercial matters (see section 17(5) of the 1988 Act) or those that are specified.
(4)In this section—
“relevant authority” means an authority to which section 17 of the 1988 Act applies other than a devolved Scottish authority;
“specified” means specified, or of a description specified, in regulations under this section.
Commencement Information
I1S. 116 not in force at Royal Assent, see s. 127(2)
I2S. 116(1) in force at 24.2.2025 by S.I. 2024/716, Sch. (as amended by S.I. 2024/959, regs. 1(2), 2(7)(a))
I3S. 116(2)(3)(4) in force at 12.3.2024 by S.I. 2024/361, reg. 2(q)
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