Draft Order laid before Parliament under section 106A(4)(a) of the Housing Grants, Construction and Regeneration Act 1996, for approval by resolution of each House of Parliament.
2011 No. XXXX
The Construction Contracts (England) Exclusion Order 2011
Made
Coming into force
The Secretary of State makes the following Order in exercise of the powers conferred by sections 106A(1) and 146 of the Housing Grants, Construction and Regeneration Act 19961 (“the Act”).
In accordance with section 106A(4)(a) of the Act, a draft of this Order was laid before Parliament and approved by a resolution of each House of Parliament.
Citation, commencement and application1
1
This Order may be cited as the Construction Contracts (England) Exclusion Order 2011 and comes into force on 1st October 2011.
2
This Order does not apply to a construction contract to the extent that it relates to the carrying out of construction operations in Wales.
Interpretation2
In this Order—
“the Act” means the Housing Grants, Construction and Regeneration Act 1996; and
the reference to a “relevant contract” is to a contract excluded from the operation of Part 2 of the Act pursuant to Article 4 of the Construction Contracts (England and Wales) Exclusion Order 19982.
Private finance initiative sub-contracts3
A construction contract is excluded from the operation of section 110(1A) of the Act3 if it is a contract pursuant to which a party to a relevant contract has sub-contracted to a third party some or all of its obligations under that contract to carry out, or arrange that others carry out, construction operations.
(This note is not part of the Order)