The Local Authorities (Contracts) (Scotland) Regulations 1997

Statutory Instruments

1997 No. 2879 (S.183)

LOCAL GOVERNMENT, SCOTLAND

The Local Authorities (Contracts) (Scotland) Regulations 1997

Made

2nd December 1997

Laid before Parliament

8th December 1997

Coming into force

1st January 1998

The Secretary of State, in exercise of the powers conferred on him by sections 3(2)(e) and (f) and (3) and 11(1) of the Local Government (Contracts) Act 1997(1) and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Local Authorities (Contracts) (Scotland) Regulations and shall come into force on 1st January 1998.

Interpretation

2.  In these Regulations–

“the 1973 Act” means the Local Government (Scotland) Act 1973(2);

“auditor”, in relation to a local authority, means the person responsible for auditing the accounts of that authority under section 96(4) of the 1973 Act(3);

“certificate” means a certificate issued by a local authority in satisfying the certification requirements in relation to a contract;

“local authority” means an authority specified in section 1(3)(d) of the Local Government (Contracts) Act 1997;

“monitoring officer”, in relation to a local authority, means the officer designated by that authority under section 5(1)(a) of the Local Government and Housing Act 1989(4);

“proper officer” has the same meaning as in section 235(3) of the 1973 Act.

Copies of certificates

3.  A local authority shall ensure that a copy of every certificate issued by them is given to–

(a) their auditor;

(b) their monitoring officer; and

(c) each of the persons with whom the authority have entered, or are to enter, into the contract in relation to which the certificate is issued.

Signature of certificates

4.  A local authority shall ensure that a certificate issued by them is signed by the proper officer.

Matters to be dealt with in certificates

5.—(1) Where, in relation to a contract, a local authority–

(a) states in a certificate that it had or has powers to enter into the contract; and

(b) specifies that the statutory provision, or one of the statutory provisions, conferring the power is section 69 of the 1973 Act,

the authority shall specify in the certificate each statutory provision conferring a relevant function, or, where there are two or more relevant functions, the statutory provisions conferring the main relevant functions.

(2) For the purposes of this regulation, in relation to a contract, a function is a relevant function if the contract is calculated to facilitate, or is conducive or incidental to, the discharge of the function.

Malcolm Chisholm

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

2nd December 1997

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision as regards Scotland 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.

Regulation 3 provides that a local authority must ensure that a copy of every certificate issued by them is given to their auditor and their monitoring officer. They must also give a copy to each person with whom the contract has been, or is to be, entered into.

Regulation 4 requires any certificate to be signed by the proper officer of the authority.

Regulation 5 prescribes matters which a local authority are 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 69 of the Local Government (Scotland) Act 1973

(1)

1997 c. .

(2)

1973 c. 65.

(3)

Section 96(4) was amended by the National Health Service and Community Care Act 1990 (c. 19), Schedule 7, paragraph 2.

(4)

1989 c. 42.