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Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision in connection with the certification requirements which have to be satisfied in relation to a contract which is to be a certified contract for the purposes of the Local Government (Contracts) Act 1997.

Regulations 3, 4 and 5 prescribe the persons to whom a local authority is required to give a copy of a certificate. Every local authority must give a copy of any certificate issued by it to each person with whom the contract has been, or is to be, entered into and to the person responsible for auditing the authority’s accounts. In addition, every local authority which has a monitoring officer must give a copy of any certificate issued by it to that officer.

Regulation 6 prescribes matters which a local authority is required to deal with in a certificate where it is stated in the certificate that the statutory provision, or one of the statutory provisions, conferring the power to enter into the contract for which the certificate is given is section 111 of the Local Government Act 1972.

Regulations 7 and 8 make provision about the signature of a certificate issued with respect to a contract. A certificate issued by a local authority must be signed by one of the persons prescribed in relation to the authority concerned.