Local Government Act 1999
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Change 1
19 Contracts: exclusion of non-commercial considerations.
(1) The Secretary of State may by order provide, in relation to— (a) all relevant authorities, (b) particular relevant authorities, or (c) particular descriptions of relevant authority, for a specified matter to cease to be a non-commercial matter for the purposes of section 17 of the Local Government Act 1988 (local and other public authority contracts: exclusion of non-commercial considerations). (2) An order under this section may— (a) provide for a matter to cease to be a non-commercial matter for specified purposes or to a specified extent; (b) apply in relation to specified authorities, functions or contracts; (c) make different provision for different cases; (d) include consequential or transitional provision (including provision amending an enactment). (2A) The power under subsection (2)(c) includes, in particular, power to make different provision for different authorities or descriptions of authority. (3) Subject to subsection (3A), no order shall be made under this section unless a draft has been laid before, and approved by resolution of, each House of Parliament. (3A) An order under this section which is made only for the purpose of amending an earlier order under this section— (a) so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or (b) so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description, shall be subject to annulment in pursuance of a resolution of either House of Parliament. (4) In exercising a function regulated by section 17 of the Local Government Act 1988 with reference to a matter which is the subject of an order under this section a relevant authority shall have regard to any guidance issued by the Secretary of State. (5) In this section, “relevant authority” means— (a) a best value authority, (aa) a county council or county borough council in Wales, (ab) a National Park authority for a National Park in Wales, (ac) a fire and rescue authority in Wales, constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies, (b) a parish council, or (c) a community council.
19 Contracts: exclusion of non-commercial considerations.
(1) The Secretary of State may by order provide, in relation to— (a) all relevant authorities, (b) particular relevant authorities, or (c) particular descriptions of relevant authority, for a specified matter to cease to be a non-commercial matter for the purposes of section 17 of the Local Government Act 1988 (local and other public authority contracts: exclusion of non-commercial considerations). (2) An order under this section may— (a) provide for a matter to cease to be a non-commercial matter for specified purposes or to a specified extent; (b) apply in relation to specified authorities, functions or contracts; (c) make different provision for different cases; (d) include consequential or transitional provision (including provision amending an enactment). (2A) The power under subsection (2)(c) includes, in particular, power to make different provision for different authorities or descriptions of authority. (3) Subject to subsection (3A), no order shall be made under this section unless a draft has been laid before, and approved by resolution of, each House of Parliament. (3A) An order under this section which is made only for the purpose of amending an earlier order under this section— (a) so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or (b) so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description, shall be subject to annulment in pursuance of a resolution of either House of Parliament. (4) In exercising a function regulated by section 17 of the Local Government Act 1988 with reference to a matter which is the subject of an order under this section a relevant authority shall have regard to any guidance issued by the Secretary of State. (5) In this section, “relevant authority” means— (a) a best value authority, (aa) a county council or county borough council in Wales, (ab) a National Park authority for a National Park in Wales, (ac) a fire and rescue authority in Wales, constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies, (b) a parish council, or (c) a community council.
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