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PART IICOMPETITION

Miscellaneous

Application of this Part to professional services, etc.

16.—(1) The Department may by order subject to affirmative resolution make such provision in relation to proposals for the carrying out of work to which this Article applies as it considers appropriate for facilitating or requiring separate procedures to be followed for—

(a)the evaluation for the purposes of this Part of the quality of the services which persons willing to carry out the work are able to provide and of their fitness to provide them; and

(b)the evaluation for those purposes of the financial terms on which such persons would carry out the work.

(2) This Article applies to any work which—

(a)by virtue of an order under Article 4(2), falls within a defined activity for the purposes of this Part; and

(b)consists in, or involves, the provision of professional advice or of other professional services or the application of any financial or technical expertise.

(3) Before making an order under this Article the Department shall consult the boards.

(4) Without prejudice to Article 17(3), the power to make an order under this Article shall include power, for the purposes of, or in connection with, any separate procedures for which an order under this Article provides, to modify any provision of this Part.