PART 1GENERAL

Contracting authorities3

1

For the purposes of these Regulations each of the following is a contracting authority—

a

a Minister of the Crown;

b

a government department;

c

the House of Commons;

d

the House of Lords;

e

the Scottish Ministers;

f

the Scottish Parliamentary Corporate Body;

g

the National Assembly for Wales;

h

the Northern Ireland Assembly Commission;

i

a local authority, which for the purposes of these Regulations, means—

i

a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 M1;

ii

a county council, a district council, a London borough council, a parish council, a community council, the Council of the Isles of Scilly, a county borough council or the Common Council of the City of London in its capacity as local authority or police authority; or

iii

a district council within the meaning of the Local Government Act (Northern Ireland) 1972 M2;

j

a fire authority constituted by a combination scheme or administration scheme under the Fire Services Act 1947 M3 and continued under section 5 of the Fire (Scotland) Act 2005 M4;

k

a fire and rescue authority—

i

within the meaning of section 1 of the Fire and Rescue Services Act 2004 M5;

ii

constituted by a scheme under section 2 of that Act;

iii

to which a scheme under section 4 of that Act applies; or

iv

within the meaning of section 1 of the Fire (Scotland) Act 2005;

l

a joint fire board constituted by an administration scheme under section 147 of the Local Government (Scotland) Act 1973 M6 and continued under section 5 of the Fire (Scotland) Act 2005;

m

a joint fire and rescue board within the meaning of section 2 of the Fire (Scotland) Act 2005;

n

the Fire Authority for Northern Ireland;

o

a police authority established under section 3 of the Police Act 1996 M7;

p

the Metropolitan Police Authority established under section 5B of the Police Act 1996 M8;

q

a police authority established under section 2 of the Police (Scotland) Act 1967 M9;

r

a joint police board constituted by an amalgamation scheme made or approved under section 21B of the Police (Scotland) Act 1967 M10;

s

the Northern Ireland Policing Board;

t

an authority established under section 10 of the Local Government Act 1985 M11;

u

a joint authority established by Part IV of the Local Government Act 1985;

v

any body established in accordance with an order under section 67 of the Local Government Act 1985;

w

a joint board established by order under the Local Government etc. (Scotland) Act 1994 M12;

x

the Broads Authority;

y

any joint board, the constituent members of which consist of any of the bodies specified in paragraphs (i),(j), (l), (o), (p), (q), (r), (s), (t), (u), (v) and (w);

z

a National Park authority established by an Order under section 63 of the Environment Act 1995 M13;

aa

a National Park authority established by an Order under section 6 of the National Parks (Scotland) Act 2000 M14;

bb

a corporation established, or a group of individuals appointed to act together, for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character, and—

i

financed wholly or mainly by another contracting authority;

ii

subject to management supervision by another contracting authority; or

iii

more than half of the board of directors or members of which, or, in the case of a group of individuals, more than half of those individuals, being appointed by another contracting authority;

cc

an association of, or formed by, one or more of the above; and

dd

to the extent not specified in sub-paragraphs (a) to (aa), an entity specified in Schedule 1.

2

Where an entity specified in paragraph (1) does not have the capacity to enter into a contract, the contracting authority in relation to that entity is a person whose function it is to enter into contracts for that entity.