Citation, commencement, extent and interpretation
1.—(1) This Order may be cited as the Construction Contracts (Scotland) Exclusion Order 2011 and comes into force on 1st November 2011.
(2) This Order extends to Scotland only.
(3) In this Order reference to a “relevant contract” is to a contract excluded from the operation of Part II of the Housing Grants, Construction and Regeneration Act 1996 pursuant to article 4 of the Construction Contracts (Scotland) Exclusion Order 1998(1).
Private finance initiative sub-contracts
2. A construction contract is excluded from the operation of section 110(1A) of the Housing Grants, Construction and Regeneration Act 1996(2) if it is a contract pursuant to which a party to a relevant contract has subcontracted to a third party some or all of its obligations under that contract to carry out, or arrange that others carry out, construction operations.
ALEX NEIL
A member of the Scottish Executive
St Andrew's House,
Edinburgh
27th October 2011