Citation, commencement and interpretation1

1

This Order may be cited as the Local Government Best Value (Exclusion of Non-commercial Considerations) Order (Northern Ireland) 2012 and shall come into operation on 4th July 2012.

2

In this Order—

  • “the 1992 Order” means the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 19922;

  • “the 2002 Act” means the Local Government (Best Value) Act (Northern Ireland) 2002; and

  • “public supply or works contract” means a contract for the supply of goods or materials, for the supply of services or for the execution of works.

Matters not to be non-commercial matters2

The matters specified in Article 19(4)(a) (district council contracts: exclusion of non-commercial considerations) and the conduct of contractors or workers in industrial disputes between them as specified in Article 19(4)(d) of the 1992 Order shall cease to be non-commercial matters for the purposes of Article 19 of that Order3—

a

to the extent that a district council considers it necessary or expedient, in order to permit or facilitate compliance with the requirements of the 2002 Act, to exercise the functions regulated by that Act in relation to its public supply or works contracts with reference to those matters; or

b

for the purposes of any functions regulated by that Article in relation to a public supply or works contract which involves a transfer of staff to which the provisions of the Transfer of Undertakings (Protection of Employment) Regulations 20064 or the Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 20065 may apply.

Sealed with the Official Seal of the Department of the Environment on 4th July 2012.

seal_r00001Linda MacHughA senior officer of the Department of the Environment