C1C2C3C4Part II Contracting Out
Pt. II modified (29.12.2003) by Communications Act 2003 (c. 21), ss. 1(7), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
Pt. II applied (with modifications) (E.W.) (22.7.2004) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1778), arts. 1, 34
Pt. II modified (E.W.) (22.7.2004) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), arts. 1, 34
Contracting out of functions
71 Functions excluded from sections 69 and 70.
1
Subject to subsections (2) and (3) below, a function is excluded from sections 69 and 70 above if—
a
its exercise would constitute the exercise of jurisdiction of any court or of any tribunal which exercises the judicial power of the State; or
b
its exercise, or a failure to exercise it, would necessarily interfere with or otherwise affect the liberty of any individual; or
c
it is a power or right of entry, search or seizure into or of any property; or
d
it is a power or duty to make subordinate legislation.
2
Subsection (1)(b) and (c) above shall not exclude any function of the official receiver attached to any court.
3
Subsection (1)(c) above shall not exclude any function of a local authority under, or under regulations made under, any of the following enactments, namely—
a
section 247 of M1 the Local Government (Scotland) Act 1947 (enforcement of non-domestic rates);
b
Part VI of M2 the General Rate Act 1967 (distress for general rates);
c
paragraphs 7 and 7A of Schedule 2 and paragraph 11 of Schedule 5 to M3 the Abolition of Domestic Rates Etc. (Scotland) Act 1987 (enforcement of community charges and community water charges);
d
paragraphs 5 to 7 of Schedule 4 to M4 the Local Government Finance Act 1988 (enforcement of community charge);
e
paragraph 3(2)(b) of Schedule 9 to that Act (enforcement of non-domestic rates);
F1ea
section 48 of the Local Government Act 2003 (administration etc of BID levy) if the function corresponds to any function falling within paragraph (e) above,.
f
paragraphs 5 to 7 of Schedule 4 to M5 the Local Government Finance Act 1992 (enforcement of council tax);
g
paragraphs 2 and 6 of Schedule 8 and paragraph 11 of Schedule 11 to that Act (enforcement of council tax and council water charge); and
h
paragraph 2 of Schedule 10 to the Local M6Government etc. (Scotland) Act 1994 (enforcement of water and sewerage charges).
Pt. II (ss. 69-79) extended (E.W.) (19.9.1995) by 1995 c. 25, ss. 65(7), 125(2), Sch. 8 para. 13 (with ss. 7(6), 115, 117, Sch. 8 para. 7)
Pt. II (ss. 69-79) extended (S.) (8.9.2000) by 2000 asp. 10, s. 9, Sch. 2 para. 14 (with s. 32); S.S.I. 2000/312, art. 2
Pt. II (ss. 69-79) modified (1.10.2001 (W.) 25.3.2002 (E.) for specified purposes, otherwiseprosp.) by 2000 c. 14, ss. 67(7), 122; S.I. 2001/2538, art. 2(2)(4)(a); S.I. 2002/1245, art. 2