The Local Government (Exclusion of Non-commercial Considerations) Order (Northern Ireland) 2015

EXPLANATORY NOTE

(This note is not part of the Order)

Article 19(1) of the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1992 (the 1992 Order) provides that (subject to Article 20 (fair employment matters), 20A (race relations matters) and 21(1) provisions supplementary to or consequential on Article 19), in exercising any of the functions mentioned in paragraph (3) of that Article in relation to public supply or works contracts, any proposed or subsisting such contract, district councils must exercise these functions without reference to certain non-commercial matters listed in paragraph (4) of that Article.

Article 2 of this Order provides that two of the matters listed in paragraph (4) (as regards the public supply or works contracts of a council or any proposed or any subsisting such contract, as the case may be) viz:-

(a) the terms and conditions of employment by contractors of their workers or the composition of, the arrangements for the promotion, transfer or training of or the other opportunities afforded to, their workforces (paragraph 4(a)); and

(b) the conduct of contractors or workers in industrial disputes between them (paragraph 4(d)),

shall cease to be non-commercial matters for the purpose of Article 19 of the 1992 Order.