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Local Government (Miscellaneous Provisions) Act (Northern Ireland) 2010

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The certification requirements

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3.—(1) In this Part “the certification requirements”, in relation to a contract entered into by a district council, means the requirements specified in subsections (2) to (4).

(2) The requirement specified in this subsection is that the district council must have issued a certificate (whether before or after the contract is entered into)—

(a)including details of the period for which the contract operates or is to operate;

(b)describing the purpose of the contract;

(c)containing a statement that the contract is or is to be a contract falling within subsection (5) or (6);

(d)stating that the district council had or has power to enter into the contract and specifying the statutory provision, or each of the statutory provisions, conferring the power;

(e)stating that a copy of the certificate has been or is to be given to each person to whom a copy is required to be given by regulations;

(f)dealing in the prescribed manner with any matters required by regulations to be dealt with in certificates under this section; and

(g)confirming that the district council has complied with or is to comply with any requirement imposed by regulations with respect to the issue of certificates under this section.

(3) The requirement specified in this subsection is that the district council must have secured that the certificate is signed by any person who is required by regulations to sign it.

(4) The requirement specified in this subsection is that the district council must have obtained consent to the issue of a certificate under this section from each of the persons with whom the district council has entered, or is to enter, into the contract.

(5) A contract entered into by a district council 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) for the purposes of, or in connection with, the discharge by the district council of any of its functions; and

(b)it operates, or is intended to operate, for a period of at least 5 years.

(6) A contract entered into by a district council falls within this subsection if it is entered into, in connection with a contract falling within subsection (5), 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 district council; or

(b)any insurer of or trustee for such a person.

(7) The Department may by regulations amend subsection (5) or (6).

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