The Local Authorities (Goods and Services) (Public Bodies) (Trunk Roads) (No. 1) Order 1997

Explanatory Note

(This note is not part of the Order)

This Order designates a management agent and a works contractor under the Local Authorities (Goods and Services) Act 1970.

The effect of the designation is to allow local highway authorities to provide goods and services in connection with trunk roads and trunk road connected land to—

(a) management agents

(b) works contractors

providing the conditions in articles 4 and 5 are fulfilled.

A management agent is a person who has entered into a management agency contract with the Secretary of State for Transport or Wales or a sub-contractor of such person and a works contractor is a person who has entered into works contract with either Secretary of State or a sub-contractor of such person. It is to be noted that DBFO contracts are not within the scope of management agency contracts or works contracts. Local highway authorities already have power to enter into contracts with DBFO contractors by virtue of articles 3 to 5 of the Local Authorities (Goods and Services) (Public Bodies) (Trunk Roads) Order 1996 (S.I. 1996/342).

The definition of a works contractor includes not merely a person who has entered into a contract with either Secretary of State for the carrying out of specific works, but also a person who has entered into a contract with either Secretary of State for an agreed period for the carrying out of such works as may be required during that period.