(1)The Secretary of State may by order provide, in relation to best value authorities, for a specified matter to cease to be a non-commercial matter for the purposes of section 17 of the [1988 c. 9.] Local Government Act 1988 (local and other public authority contracts: exclusion of non-commercial considerations).
(2)An order under this section may—
(a)provide for a matter to cease to be a non-commercial matter for specified purposes or to a specified extent;
(b)apply in relation to specified authorities, functions or contracts;
(c)make different provision for different cases;
(d)include consequential or transitional provision (including provision amending an enactment).
(3)No order shall be made under this section unless a draft has been laid before, and approved by resolution of, each House of Parliament.
(4)In exercising a function regulated by section 17 of the Local Government Act 1988 with reference to a matter which is the subject of an order under this section a best value authority shall have regard to any guidance issued by the Secretary of State.