The Local Authorities (Goods and Services) (Public Bodies) (Wales) Order 2004

Welsh Statutory Instruments

2004 No. 2878 (W.248)

LOCAL GOVERNMENT, WALES

The Local Authorities (Goods and Services) (Public Bodies) (Wales) Order 2004

Made

2 November 2004

Coming into force

3 November 2004

The National Assembly for Wales makes the following Order in exercise of the powers given to the Secretary of State by section 1(5) and (6) of the Local Authorities (Goods and Services) Act 1970(1) which are now vested in the National Assembly for Wales in so far as exercisable in relation to Wales(2):

Name, commencement and application

1.—(1) The name of this Order is the Local Authorities (Goods and Services) (Public Bodies) (Wales) Order 2004 and comes into force on 3 November 2004.

(2) This Order applies in relation to Wales.

Designation as a public body

2.  PBS 2003 Limited(3), being a person appearing to the National Assembly for Wales to be exercising a function of a public nature, shall be a public body for the purposes of the Local Authorities (Goods and Services) Act 1970.

Restrictions on agreements — PBS 2003 Limited

3.  Agreements which may be entered into by PBS 2003 Limited by virtue of this Order are subject to the following restrictions —

(a) that any such agreements are for the provision of catering and grounds maintenance services or either of these services by Rhondda Cynon Taff County Borough Council; and

(b) that any such agreements are made in connection with the provision of services in the county borough of Rhondda Cynon Taff.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(4).

D. Elis-Thomas

The Presiding Officer of the National Assembly

2 November 2004

Explanatory Note

(This note is not part of the Order)

Section 1 of the Local Authorities (Goods and Services) Act 1970 (“the 1970 Act”) sets out the purposes for which a County or County Borough Council in Wales may (amongst others) enter into an agreement with a public body concerning the supply by such a Council of goods and services.

Under section 1(5) of the 1970 Act, the National Assembly for Wales has power to specify as a public body, for the purposes of the 1970 Act, a person or description of persons appearing to it to be exercising functions of a public nature.

Article 2 of this Order designates PBS 2003 Limited as a public body under section 1(5) of the 1970 Act.

Article 3 of this Order places restrictions on the agreements that may be entered into.

The effect of designation is to allow Rhondda Cynon Taff County Borough Council to provide catering and grounds maintenance services (or either of these services) to PBS 2003 Limited by way of an agreement for any purposes prescribed by section 1(1) of the 1970 Act.

(1)

1970 c. 39. The power conferred on the Minister of Housing and Local Government is exercisable by the Secretary of State; see S.I. 1970/1681 and also S.I. 1997/2971.

(2)

See the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).

(3)

PBS 2003 Limited was incorporated as a private company limited by shares on 12 December 2002 and is registered under company number 4615908.

(4)

1998 c. 38.