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Local Authorities Tenders Bill

This is the text of the Local Authorities Tenders Bill, as amended in Committee in the House of Commons and printed on 18 March 1998

 
 
  
Local Authorities Tenders Bill
 
 
 
 
ARRANGEMENT OF CLAUSES
Clause 
1.Local and other public authority contracts: restriction of duty to exclude non-commercial considerations.
2.Short title, commencement and extent.
 


 

 
 
A

B I L L

[AS AMENDED IN STANDING COMMITTEE C]

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 exclude non-commercial considerations.     1. - (1) The Local Government Act 1988 is amended as follows.
 
      (2) In section 17(9) (provisions to which duty to exclude non-commercial considerations in relation to public authority contracts is subject) after the word "below" there is inserted "and orders under section 19(1) below".
 
      (3) For section 19(1) to (3) (power to add to matters which are non-commercial matters for the purposes of section 17) there is substituted-
 
 
    "(1) The Secretary of State may, by order made by statutory instrument, provide for matters specified in the order to cease to be, or to be, non-commercial matters for the purposes of section 17 above or for the purposes of that section as it applies for particular purposes.
 
      (2) An order under subsection (1) above may, in particular, provide for a matter specified in the order to cease to be, or to be, a non-commercial matter for the purposes of section 17 above as it applies in relation to public authorities, functions or contracts of a specified description or specified public authorities, functions or contracts.
 
      (2A) No provision shall be made under subsection (1) above for a matter to be a non-commercial matter unless the matter appears to the Secretary of State to be irrelevant to the commercial purposes of public supply or works contracts of any description.
 
      (2B) An order under subsection (1) above may make provision for the same purposes as section 17(6) and (7) above in relation to a matter which is to be a non-commercial matter by virtue of the order.
 
      (3) An order under subsection (1) above may-
 
 
    (a) make different provision for different cases or descriptions of case (including different provision for different areas),
 
    (b) include such supplementary, incidental, consequential or transitional provisions as appear to the Secretary of State to be necessary or expedient (including provisions amending, repealing or otherwise modifying any provision of this Part)."
      (4) After section 19(4) there is inserted-
 
 
    "(4A) If, apart from this subsection, an order under subsection (1) 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."
 
      (5) After section 19(9) there is inserted-
 
 
    "(9A) A public authority, in exercising any function whose exercise is affected by an order under subsection (1) above, shall have regard to any guidance issued by the Secretary of State in relation to the exercise of the function."
 
Short title, commencement and extent.     2. - (1) This Act may be cited as the Local Authority Tenders Act 1998.
 
      (2) This Act comes into force at the end of the period of two months beginning with the day on which it is passed.
 
      (3) This Act does not extend to Northern Ireland.
 
 

 
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