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The Education and Libraries (Northern Ireland) Order 1993

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This is the original version (as it was originally made).

The conditions

7.—(1) The first condition is that, before carrying out the work, the board published, in at least 2 newspapers circulating in the locality in which the work is to be carried out and at least one publication circulating among persons who carry out work of the kind concerned, a notice containing—

(a)a brief description of the work;

(b)a statement that during a period specified in the notice any person may inspect a detailed specification of the work free of charge at a place and time specified in the notice;

(c)a statement that during that period any person will be supplied with a copy of the detailed specification on request and on payment of such charge as is specified in the notice;

(d)a statement that any person who may wish to carry out the work should notify the board of that fact within a period specified in the notice; and

(e)a statement that the board intends to make, in accordance with the third condition, an invitation to carry out the work.

(2) The second condition is that—

(a)the periods, place, time and charge specified in the notice are reasonable;

(b)before carrying out the work, the board made a detailed specification of the work available for inspection, and copies of it available for supply, in accordance with the notice; and

(c)the detailed specification includes a statement of the period during which the work is to be carried out.

(3) The third condition is that, if any person notified the board in accordance with the statement under paragraph (1)(d), the board made an invitation to carry out the work in accordance with the following rules—

(a)the invitation was made by the board before carrying out the work, and not less than 3 nor more than 6 months after complying with the first condition;

(b)if more than 3 persons who are not boards notified the board, at least 3 of them were invited;

(c)if less than 4 persons who are not boards notified the board, each of them was invited;

(d)if another board or boards notified the board, such one or more (if any) of them as the board decided was invited.

(4) Regulations may amend sub-paragraphs (b) and (c) of paragraph (3) so as to vary the number of persons who are not boards who must be invited to carry out work in particular circumstances.

(5) The fourth condition is that before carrying out the work the board, through its direct labour organisation or a similar organisation, prepared a written bid indicating a wish to carry out the work and the bid was prepared in accordance with the following rules—

(a)if the board would, assuming it were an independent contractor, charge for carrying out the work, the bid must provide for an item to be credited to any account kept (or to be kept) by the board as regards the work under Article 9;

(b)if the board would, assuming it were an independent contractor, pay for the right to carry out the work, the bid must provide for an item to be debited to any such account;

(c)in the case of an item to be credited, the bid must state either what the board intends as its maximum amount or the method by which it intends to calculate its maximum amount;

(d)in the case of an item to be debited, the bid must state either what the board intends as its minimum amount or the method by which it intends to calculate its minimum amount; and

(e)a statement mentioned in sub-paragraph (c) or (d) may include provision for any intended amount or method to vary with changes in circumstances.

(6) The fifth condition is that the board, in reaching the decision that it should carry out the work and in doing anything else (whether or not required by this Part) in connection with the work before reaching the decision, did not act in a manner having the effect or intended or likely to have the effect of restricting, distorting or preventing competition.

(7) The sixth condition is that in carrying out the work the board complied with the detailed specification of it mentioned in paragraphs (1) and (2).

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