The Local Authorities (Goods and Services) (Public Bodies) (England) (No. 3) Order 2001

Statutory Instruments

2001 No. 1823

LOCAL GOVERNMENT, ENGLAND

The Local Authorities (Goods and Services) (Public Bodies) (England) (No. 3) Order 2001

Made

10th May 2001

Laid before Parliament

10th May 2001

Coming into force

31st May 2001

The Secretary of State for the Environment, Transport and the Regions, in exercise of the powers conferred on him by sections 1(5) and (6) of the Local Authorities (Goods and Services) Act 1970 and now vested in him(1) hereby makes the following Order:

Citation, commencement and extent

1.—(1) This Order may be cited as the Local Authorities (Goods and Services) (Public Bodies) (England) (No. 3) Order 2001 and shall come into force on 31st May 2001.

(2) This Order extends to England only(2).

Designation as a public body

2.  Each of the following bodies, being a person appearing to the Secretary of State for the Environment, Transport and the Regions to be exercising functions of a public nature, shall be a public body for the purposes of the Local Authorities (Goods and Services) Act 1970 in its application to England—

• Thurrock Community Leisure Limited(3);

• Care Plus Trust Limited(4); and

• Paddington Development Trust(5).

Restrictions on agreements—Thurrock Community Leisure Limited

3.  Agreements which may be entered into by Thurrock Community Leisure Limited by virtue of this Order shall be subject to the following restrictions—

(a) that any such agreements are for the supply of goods or materials, or the provision of administrative, professional or technical services to it by Thurrock Borough Council;

(b) that any such agreements are entered into during a period in respect of which it receives a grant from Thurrock Borough Council under section 19(3)(b) of the Local Government (Miscellaneous Provisions) Act 1976(6); and

(c) that any such agreements are made in connection with the provision of recreational facilities in the area of Thurrock Borough Council.

Restrictions on agreements—Care Plus Trust Limited

4.  Agreements which may be entered into by Care Plus Trust Limited by virtue of this Order shall be subject to the following restrictions—

(a) that any such agreements are for the supply of goods or materials or the provision of administrative, professional or technical services to it by the London Borough of Bexley; and

(b) that any such agreements are made in connection with the provision of home care services in the area of the London Borough of Bexley.

Restrictions on agreements—Paddington Development Trust

5.  Agreements which may be entered into by Paddington Development Trust by virtue of this Order shall be subject to the following restrictions—

(a) that any such agreements are for the supply of goods or materials or the provision of administrative, professional or technical services to it by the London Borough of Brent or the City of Westminster;

(b) that any such agreements are entered into during a period in respect of which it receives financial assistance from the Secretary of State under section 126(1) of the Housing Grants, Construction and Regeneration Act 1996(7); and

(c) that any such agreements are made in connection with activities which contribute to the regeneration or development of all or any part of the areas of the London Borough of Brent or the City of Westminster, including those activities described in section 126(2) of the Housing Grants, Construction and Regeneration Act 1996.

Signed by authority of the Secretary of State for the Environment, Transport and the Regions

Beverley Hughes

Parliamentary Under Secretary of State,

Department of the Environment, Transport and the Regions

10th May 2001

Explanatory Note

(This note is not part of the Order)

Article 2 of this Order designates the bodies named in that article as public bodies under section 1(5) of the Local Authorities (Goods and Services) Act 1970 (“the 1970 Act”).

The effect of designation is to allow local authorities within the meaning of section 1(4) of the 1970 Act to provide goods and services to the designated public bodies by way of an agreement for any of the purposes prescribed by section 1(1) of that Act.

Articles 3, 4, and 5 impose restrictions on the agreements that can be made by the bodies designated by this Order by virtue of section 1(6) of the 1970 Act. In particular, the restrictions provide that only the named local authorities may provide services for the specified purposes to the appropriate designated public body within the area of that local authority.

(1)

1970 c. 39. The power conferred on the Minister of Housing and Local Government is exercisable by the Secretary of State; see article 2 of the Secretary of State for the Environment Order 1970 (S.I. 1970/1681), and see also S.I. 1997/2971.

(2)

The Secretary of State’s functions under the Local Authorities (Goods and Services) Act 1970, so far as exercisable in relation to Wales, are transferred to the National Assembly for Wales; see article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).

(3)

A company limited by guarantee, not having a share capital and registered under company number 03782811.

(4)

A company limited by guarantee, not having a share capital and registered under company number 03961561.

(5)

A company limited by guarantee, not having a share capital and registered under company number 03652559.

(6)

1976 c. 57.

(7)

1996 c. 53.