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Changes over time for: Section 6
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
No versions valid at: 27/03/2010
Status:
Point in time view as at 27/03/2010. This version of this provision is not valid for this point in time.
Status
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Changes to legislation:
There are currently no known outstanding effects for the Local Government (Miscellaneous Provisions) Act (Northern Ireland) 2010, Section 6.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Valid from 01/08/2011
Relevant discharge termsN.I.
This section has no associated Explanatory Notes
6—(1) No determination or order made in relation to a certified contract on—
(a)an application for judicial review, or
(b)an audit review,
shall affect the enforceability of any relevant discharge terms relating to the contract.
(2) In this section and section 7 “relevant discharge terms”, in relation to a contract entered into by a district council, means terms—
(a)which have been agreed by the district council and any person with whom the district council entered into the contract;
(b)which either form part of the contract or constitute or form part of another agreement entered into by them not later than the day on which the contract was entered into; and
(c)which provide for a consequence mentioned in subsection (3) to ensue in the event of the making of a determination or order in relation to the contract on an application for judicial review or an audit review.
(3) Those consequences are—
(a)the payment of compensatory damages (measured by reference to loss incurred or loss of profits or to any other circumstances) by one of the parties to the other;
(b)the adjustment between the parties of rights and liabilities relating to any assets provided or made available under the contract; or
(c)both of those things.
(4) Where a district council has agreed relevant discharge terms with any person with whom it has entered into a contract and the contract is a certified contract, the relevant discharge terms shall have effect (and be deemed always to have had effect) as if the district council had had power to agree them (and had exercised that power properly in agreeing them).
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