- Draft legislation
This is a draft item of legislation. This draft has since been made as a Northern Ireland Statutory Rule: Local Government Best Value (Exclusion of Non-commercial Considerations) Order (Northern Ireland) 2012 No. 271
(This note is not part of the Order)
Article 19(1) of the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1992 (the 1992 Order) provides that, in exercising any of the functions mentioned in paragraph (3) of that Article in relation to public supply or works contracts, district councils must exercise these functions without reference to certain non-commercial matters listed in paragraph (4) of that Article.
This Order provides that two of the matters listed in paragraph (4) shall cease to be non-commercial matters for the purpose of Article 19 of the 1992 Order. The matters concerned relate to the terms and conditions of employment etc. of a contractor’s workforce and the conduct of contractors or their workers in industrial disputes. But, under the Order, those matters cease to be non-commercial matters only so far as necessary or expedient to permit or facilitate compliance with the best value requirements of the Local Government (Best Value) Act (Northern Ireland) 2002; or where there is a transfer of staff to which the Transfer of Undertakings (Protection of Employment) Regulations 2006 or the Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006 may apply.
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