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Local Government (Contracts) Act 1997

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Change 1

What to do with it
As published

4 Certified contracts: supplementary.

(1) Where the certification requirements have been satisfied in relation to a contract by a local authority, the certificate which has been issued shall have effect (and be deemed always to have had effect) as if the local authority had had power to issue it (and had exercised that power properly in issuing it); and a certificate which has been so issued is not invalidated by reason that anything in the certificate is inaccurate or untrue. (2) Where the certification requirements have been satisfied in relation to a contract by a local authority within section 1(3)(a) or (d), the local authority shall secure that throughout the period for which the contract operates— (a) a copy of the certificate which has been issued is open to inspection by members of the public at all reasonable times without payment, and (b) members of the public are afforded facilities for obtaining copies of that certificate on payment of a reasonable fee. (3) A contract entered into by a local authority falls within this subsection if— (a) it is entered into with another person for the provision or making available of services (whether or not together with assets or goods) for the purposes of, or in connection with, the discharge by the local authority of any of its functions, and (b) it operates, or is intended to operate, for a period of at least five years. (4) A contract entered into by a local authority falls within this subsection if it is entered into, in connection with a contract falling within subsection (3), with— (a) a person who, in connection with that contract, makes a loan to, or provides any other form of finance for, a party to that contract other than the local authority, or (b) any insurer of or trustee for such a person. (5) Regulations may be made amending subsection (3) or (4).

Your change, as a redline

4 Certified contracts: supplementary.

(1) Where the certification requirements have been satisfied in relation to a contract by a local authority, the certificate which has been issued shall have effect (and be deemed always to have had effect) as if the local authority had had power to issue it (and had exercised that power properly in issuing it); and a certificate which has been so issued is not invalidated by reason that anything in the certificate is inaccurate or untrue. (2) Where the certification requirements have been satisfied in relation to a contract by a local authority within section 1(3)(a) or (d), the local authority shall secure that throughout the period for which the contract operates— (a) a copy of the certificate which has been issued is open to inspection by members of the public at all reasonable times without payment, and (b) members of the public are afforded facilities for obtaining copies of that certificate on payment of a reasonable fee. (3) A contract entered into by a local authority falls within this subsection if— (a) it is entered into with another person for the provision or making available of services (whether or not together with assets or goods) for the purposes of, or in connection with, the discharge by the local authority of any of its functions, and (b) it operates, or is intended to operate, for a period of at least five years. (4) A contract entered into by a local authority falls within this subsection if it is entered into, in connection with a contract falling within subsection (3), with— (a) a person who, in connection with that contract, makes a loan to, or provides any other form of finance for, a party to that contract other than the local authority, or (b) any insurer of or trustee for such a person. (5) Regulations may be made amending subsection (3) or (4).

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