The Local Authorities (Goods and Services) (Public Bodies) (England) (No. 4) Order 2001

Statutory Instruments

2001 No. 3347

LOCAL GOVERNMENT, ENGLAND

The Local Authorities (Goods and Services) (Public Bodies) (England) (No. 4) Order 2001

Made

4th October 2001

Laid before Parliament

11th October 2001

Coming into force

25th October 2001

The Secretary of State for Transport, Local Government 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. 4) Order 2001 and shall come into force on 25th October 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 Transport, Local Government 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:

• Liverpool Direct Limited(3);

• Schools PBS Limited(4); and

• Tynedale Housing Limited(5).

Restrictions on agreements—Liverpool Direct Limited

3.  Agreements which may be entered into by Liverpool Direct 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 Liverpool City Council; and

(b) that any such agreements are made in connection with the provision of business services including telecommunication and information communication technology, in the area of Liverpool City Council.

Restriction on agreements—Schools PBS Limited

4.  Agreements which may be entered into by Schools PBS 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 Kirklees Metropolitan Borough Council; and

(b) that any such agreements are made in connection with the provision of facilities management services for local education authority maintained schools(6), in the area of Kirklees Metropolitan Borough Council.

Restriction on agreements—Tynedale Housing Limited

5.  Agreements which may be entered into by Tynedale Housing Limited by virtue of this Order shall be subject to the following restrictions—

(a) that any such agreements are for the provision of administrative, professional or technical services to it by Tynedale District Council; and

(b) that any such agreements are made in connection with the provision of housing management services, in the area of Tynedale District Council.

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

Alan Whitehead

Parliamentary Under-Secretary of State,

Department for Transport, Local Government and the Regions

4th October 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 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 private limited company registered under company number 04243845.

(4)

A private limited company registered under company number 04159830.

(5)

A company limited by guarantee, not having a share capital and registered under company number 03578015.

(6)

See section 20 of the School Standards and Framework Act 1998 (c. 31).