Deregulation and Contracting Out Act 1994

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Deregulation and Contracting Out Act 1994. Any changes that have already been made by the team appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Act transitional provisions for effects of SI 2002/3150 by S.R. 2003/346 art. 3-6

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 79A-79C inserted by 2007 c. 28 s. 239(3)
s. 79A(o) omitted by 2011 c. 13 Sch. 16 para. 215
s. 79A(ma)(mb) inserted by 2009 c. 20 Sch. 6 para. 87
s. 79B(g) omitted by 2011 c. 13 Sch. 16 para. 216

Commencement Orders yet to be applied to the Deregulation and Contracting Out Act 1994:

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

S.I. 2003/766 art. 2 Sch. commences (2002 c. 40)
S.I. 2003/1397 art. 2(1) Sch. commences (2002 c. 40)
S.I. 2003/1667 art. 4 commences (2002 c. 32)
S.I. 2003/1718 art. 4-6 Sch. commences (2002 c. 32)
S.I. 2003/1900 art. 2(1) Sch. 1 art. 2(2) Sch. 2 commences (2003 c. 21)
S.I. 2003/2093 art. 2(1) Sch. 1 art. 2(2) Sch. 2 commences (2002 c. 40)
S.I. 2003/2938 art. 3(a) commences (2003 c. 26)
S.I. 2003/3034 art. 2 commences (2003 c. 26)
S.I. 2003/3142 art. 3(1) Sch. 1 commences (2003 c. 21)
S.I. 2004/571 Sch. amendment to earlier commencing SI 2003/1667 Sch. para. 1
S.I. 2004/827 art. 2-4 commences (2003 c. 20)
S.I. 2004/3233 art. 2 Sch. commences (2002 c. 40)
S.I. 2005/910 art. 3(aa) commences (2003 c. 39)
S.I. 2005/1521 art. 2-4 commences (2005 c. 15)
S.I. 2005/3056 art. 2(2) commences (2003 c. 17)
S.I. 2006/266 art. 2 commences (2005 c. 14)
S.I. 2006/3272 art. 2 Sch. 1-3 commences (2005 c. 19)
S.I. 2007/309 art. 2 Sch. commences (2006 c. 50)
S.I. 2007/1614 art. 2 3 commences (2006 c. 48)
S.I. 2007/2194 art. 8 Sch. 2 commences (2006 c. 46)
S.I. 2007/3495 art. 5 art. 8(b) Sch. 3 art. 8(a) Sch. 2 commences (2006 c. 46)
S.I. 2008/917 art. 2-5 commences (2007 c. 28)
S.I. 2008/945 art. 2 3 Sch. 1 2 commences (2006 c. 50)
S.I. 2008/1886 art. 2(f) commences (2006 c. 46)
S.I. 2008/2860 art. 3 4 Sch. 1 commences (2006 c. 46)
S.I. 2008/3267 art. 2 Sch. commences (2006 c. 50)
S.I. 2009/2648 art. 2(2)(b) commences (2006 c. 50)
S.I. 2009/3318 art. 2-4 commences (2009 c. 20)
S.I. 2009/3345 art. 2 commences (2009 c. 23)
S.I. 2010/566 art. 2 commences (2008 c. 29)
S.I. 2011/556 art. 1-3 commences (2009 c. 23)
S.I. 2012/1662 art. 2(2)(b) commences (2011 c. 24)
S.S.I. 2010/221 art. 3 commences (2010 asp 8)
S.R. 2003/345 art. 3 commences (S.I. 2002/3150 (N.I.))

SupplementalE+W+S+N.I.

77 Provisions with respect to orders.E+W+S+N.I.

(1)An order under section 69 or 70 above—

(a)shall be made by statutory instrument;

(b)may contain provisions (including provisions modifying enactments) which are consequential upon, or supplemental or incidental to, the provisions made by the order which fall within subsection (2) of that section; and

(c)may contain such transitional provisions and savings as appear to the Minister by whom the order is made to be appropriate.

(2)No order shall be made under section 69 or 70 above unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

78 Extent of Part II.E+W+S+N.I.

(1)The following provisions of this Part extend to Northern Ireland, namely—

(a)sections 69 and 74 above;

(b)the other provisions of this Part in so far as they relate to orders under section 69 or to functions of Ministers or office-holders; and

(c)paragraphs 4, 24 and 25 of Schedule 16.

(2)In so far as they relate to functions under enactments relating to patents, registered designs or trade marks, the provisions of this Part also extend to the Isle of Man, subject to such exceptions and modifications as Her Majesty may specify by Order in Council.

79 Interpretation of Part II.E+W+S+N.I.

(1)In this Part—

“employee”, in relation to a body corporate, includes any director or other officer of that body;
“enactment” does not include an enactment contained in Northern Ireland legislation but, subject to that, includes an enactment contained in an Act (whenever passed) and an enactment contained in subordinate legislation (whenever made);
“function”, in relation to a local authority, includes any power to do any thing which is calculated to facilitate, or is conducive or incidental to, the exercise of a function;
“joint board”—
(a)
in relation to England and Wales, means a joint or special planning board constituted for a National Park by order under paragraph 1, 3 or 3A of Schedule 17 to M1 the Local Government Act 1972, or a joint planning board within the meaning of section 2 of M2 the Town and Country Planning Act 1990;
(b)
in relation to Scotland, has the same meaning as in the Local M3Government (Scotland) Act 1973;
“joint committee”—
(a)
in relation to England and Wales, means a joint committee appointed under section 102(1)(b) of the Local Government Act 1972;
(b)
in relation to Scotland, has the same meaning as in the Local Government (Scotland) Act 1973;
“local authority”—
(a)
in relation to England, means a county council, district council or London borough council, [F1the Greater London Authority acting through the Mayor of London,]the Common Council of the City of London, the sub-treasurer of the Inner Temple, the under treasurer of the Middle Temple, the Council of the Isles of Scilly or a parish council;
(b)
in relation to Wales, means a county council, county borough council or community council;
(c)
in relation to Scotland, has the same meaning as in the Local Government (Scotland) Act 1973;
“Minister” has the same meaning as Minister of the Crown has in the Ministers M4of the Crown Act 1975;
“Northern Ireland legislation” means—
(a)
Northern Ireland legislation within the meaning of section 24 of M5the Interpretation Act 1978; and
(b)
instruments, within the meaning of M6 the Interpretation Act (Northern Ireland) 1954, made under such legislation;
“office-holder” does not include a Minister, an officer of either House of Parliament, [F2the Auditor General for Wales,] the Parliamentary Commissioner for Administration [F3, the Welsh Administration Ombudsman] or the Health Service Commissioner for England, for Wales or for Scotland but, subject to that, means—
(a)
the holder of an office created or continued in existence by a public general Act of Parliament;
(b)
the holder of an office the remuneration in respect of which is paid out of money provided by Parliament;
(c)
the registrar of companies for England and Wales and the registrar of companies for Scotland; and
(d)
the registrar of approved driving instructors;
“officer”—
(a)
in relation to a Minister, means any person in the civil service of the Crown who is serving in his department;
(b)
in relation to an office-holder, means any member of his staff, or any person in the civil service of the Crown who has been assigned or appointed to assist him in the exercise of his functions;
“the registrar of approved driving instructors” means the officer of the Secretary of State by whom the register of approved driving instructors established in pursuance of section 23 of M7 the Road Traffic Act 1962 is compiled and maintained;
“subordinate legislation” has the same meaning as in the Interpretation M8Act 1978.

(2)In relation to any time before 1st April 1996, subsection (1) above shall have effect as if, in paragraph (b) of the definition of “local authority”, for the words “county borough” there were substituted the word “ district ”.

(3)Subject to subsection (4) below, this Part shall have effect as if—

(a)any reference to a Minister included [F4a reference] to the Forestry Commissioners F5. . .; and

(b)any reference to a local authority included references to a joint board and a joint committee.

(4)Nothing in subsection (3) above shall be construed as enabling those Commissioners F6. . . to make an order under section 69 or 70 above F6. . ..

(5)Subject to subsection (6) below, any function of an examiner or other officer of the Patent Office which is conferred by or under any enactment shall be treated for all purposes of this Part as if it were a function of the Comptroller-General of Patents, Designs and Trade Marks.

(6)In any case where by virtue of an order made under section 69 above a person is authorised by that Comptroller to exercise any such function as is mentioned in subsection (5) above, section 72(2) above shall have effect as if for paragraphs (a) and (b) there were substituted the words “ by or in relation to an examiner or other officer of the Patent Office in his capacity as such ”.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Words in the definition in s. 79(1) inserted (8.5.2000) by 1999 c. 29, s. 40(4); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2

F2Words in the definition in s. 79(1) inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 36(a) (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2

F3Words in the definition in s. 79(1) inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 36(b) (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2

F4Words in s. 79(3)(a) substituted (15.11.2001) by S.I. 2001/3686, regs. 1(1), 6(11)(a)(i)

F5Words in s. 79(3)(a) repealed (15.11.2001) by S.I. 2001/3686, regs. 1(1), 6(11)(a)(ii)

F6Words in s. 79(4) repealed (15.11.2001) by S.I. 2001/3686, regs. 1(1), 6(11)(b)

Modifications etc. (not altering text)

C1S. 79(1) extended (1.7.1999) by S.I. 1999/1351, arts. 1, 17(2)(f) (with art. 8)

Marginal Citations

M11972 c.70.

M21990 c.8.