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Local Authority Tenders Bill

This is the text of the Local Authority Tenders Bill, as presented to the House of Commons on 18 June 1997.

 
 
  
Local Authority Tenders Bill
 
 
 
 
ARRANGEMENT OF CLAUSES
Clause 
1.Local and other public authority contracts: restriction of duty to disregard non-commercial matters.
2.Short title and extent.
 


 

 
 
A

B I L L

TO

Amend the law in respect of non-commercial matters to which local authorities may have regard in awarding contracts; and for connected purposes.

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
 

Local and other public authority contracts: restriction of duty to disregard non-commercial matters.     1. - (1) Section 17 of the Local Government Act 1988 (local and other public authority contracts: exclusion of non-commercial considerations) shall be amended as follows.
 
      (2) In subsection (1), at the beginning, there shall be inserted the words "Subject to subsection (10) below,".
 
      (3) After subsection (9) there shall be inserted the following subsections-
 
 
    "(10) The Secretary of State may by order specify matters in relation to which the duty mentioned in subsection (1) above shall not apply, notwithstanding that they would (apart from that order) be non-commercial matters for the purposes of this section.
 
      (11) The power to make an order under subsection (10) above shall be exercisable by statutory instrument and no such order shall be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.
 
      (12) An order under subsection (10) above may-
 
 
    (a) make different provision for different cases;
 
    (b) without prejudice to the generality of paragraph (a) above, apply in relation to all public authorities to which this section applies, to such descriptions of those authorities as are specified in the order (whether by reference to area, kind of authority or otherwise) or to such of those authorities as are specified in the order; and
 
    (c) include such supplementary, incidental, consequential or transitional provisions as appear to the Secretary of State to be necessary or expedient (including provisions amending any provision of this Part of this Act).
      (13) If, apart from this subsection, an order under subsection (10) above would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it shall proceed in that House as if it were not such an instrument.".
 
Short title and extent.     2. - (1) This Act may be cited as the Local Authority Tenders Act 1998.
 
      (2) This Act does not extend to Northern Ireland.
 
 

 
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