S. 17(8): words in definition of "industrial dispute" substituted (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(2), 302, Sch. 2 para. 38(a)
Words in s. 17(8) substituted (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(2), 302, Sch. 2 para. 38(b)
S. 17 power to modify conferred (27.9.1999 in relation to E. and in relation to W. for specified purposes only and otherwise 1.10.1999) by 1999 c. 27, s. 19(1); S.I. 1999/2169, art. 3(2), Sch. 2; S.I. 1999/2815, art. 2
S. 17 extended (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 12
S. 17 modified (W.) (31.3.2002 with application as mentioned in art. 1(2)) by The Local Government Best Value (Exclusion of Non-commercial Considerations) (Wales) Order 2002 (S.I. 2002/678), art. 2
It is the duty of every public authority to which this section applies, in exercising, in relation to its public supply or works contracts, any proposed or any subsisting such contract, as the case may be, any function regulated by this section to exercise that function without reference to matters which are non-commercial matters for the purposes of this section.
The public authorities to which this section applies are those specified in Schedule 2 to this Act.
The contracts which are public supply or works contracts for the purposes of this section are contracts for the supply of goods or materials, for the supply of services or for the execution of works; but this section does not apply in relation to contracts entered into before the commencement of this section.
The functions regulated by this section are—
the inclusion of persons in or the exclusion of persons from—
any list of persons approved for the purposes of public supply or works contracts with the authority, or
any list of persons from whom tenders for such contracts may be invited;
in relation to a proposed public supply or works contract with the authority—
the inclusion of persons in or the exclusion of persons from the group of persons from whom tenders are invited,
the accepting or not accepting the submission of tenders for the contract,
the selecting the person with whom to enter into the contract, or
the giving or withholding approval for, or the selecting or nominating, persons to be sub-contractors for the purposes of the contract; and
in relation to a subsisting public supply or works contract with the authority—
the giving or withholding approval for, or the selecting or nominating, persons to be sub-contractors for the purposes of the contract, or
the termination of the contract.
The following matters are non-commercial matters as regards the public supply or works contracts of a public authority, any proposed or any subsisting such contract, as the case may be, that is to say—
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;
whether the terms on which contractors contract with their sub-contractors constitute, in the case of contracts with individuals, contracts for the provision by them as self-employed persons of their services only;
any involvement of the business activities or interests of contractors with irrelevant fields of Government policy;
the conduct of contractors or workers in industrial disputes between them or any involvement of the business activities of contractors in industrial disputes between other persons;
the country or territory of origin of supplies to, or the location in any country or territory of the business activities or interests of, contractors;
any political, industrial or sectarian affiliations or interests of contractors or their directors, partners or employees;
financial support or lack of financial support by contractors for any institution to or from which the authority gives or withholds support;
use or non-use by contractors of technical or professional services provided by the authority under the
The matters specified in subsection (5) above include matters which have occurred in the past as well as matters which subsist when the function in question falls to be exercised.
Where any matter referable to a contractor would, as a matter specified in subsection (5) above, be a non-commercial matter in relation to him, the corresponding matter referable to—
a supplier or customer of the contractor;
a sub-contractor of the contractor or his supplier or customer;
an associated body of the contractor or his supplier or customer; or
a sub-contractor of an associated body of the contractor or his supplier or customer;
is also, in relation to the contractor, a non-commercial matter for the purposes of this section.
In this section—
“
“
“
“
“
in relation to functions as respects an approved list, any person who is or seeks to be included in the list; and
in relation to functions as respects a proposed public supply or works contract, any person who is or seeks to be included in the group of persons from whom tenders are invited or who seeks to submit a tender for or enter into the proposed contract, as the case may be;
“
“
“
“
“
and “employers’ association” and “trade union” have, as regards bodies constituted under the law of England and Wales or Scotland, the same meaning as in the
This section is subject to section 18 below.