The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1992

Interpretation N.I.

18.  In this Part—

• “approved list” means such a list as is mentioned in Article 19(3)(a);

• “associated body”, in relation to a contractor, means any company whichF1 . . . is the contractor's holding company or subsidiary or is a subsidiary of the contractor's holding company;

• “business” includes any trade or profession;

• “business activities” and “business interests”, in relation to a contractor or other person, mean respectively any activities comprised in, or any investments employed in or attributable to, the carrying on of his business and “activity” includes receiving the benefit of the performance of any contract;

• “contractor”, except in relation to a subsisting contract, means a “potential contractor”, that is to say—

  (a)

  in relation to functions as respects an approved list, any person who is or seeks to be included in the list; and

  (b)

  in relation to functions as respects a proposed public supply or works contract, any person who is or seeks to be included in the group of persons from whom tenders are invited or who seeks to submit a tender for or enter into the proposed contract, as the case may be;

• “employers' association” has the same meaning as in the Industrial Relations (Northern Ireland) Order[F2 1992];

• “exclusion” includes removal;

• “Government policy” falls within “irrelevant fields” for the purposes of Article 19 if it concerns matters of defence or foreign or Commonwealth policy and “involve”, as regards business activities and any such field of policy, includes the supply of goods or materials or services to, or the execution of works for, any authority or person having functions or carrying on business in that field and, as regards business interests and any such field of policy, includes investment in any authority or person whose business activities are so involved;

• [F3 “holding company” and “subsidiary” have the same meaning as in the Companies Acts (see section 1159 of the Companies Act 2006);]

• “industrial dispute” has the same meaning as trade dispute in the[F2 Article 127 of the Trade Union and Labour Relations (Northern Ireland) Order 1995] and “involve”, as regards business activities and an industrial dispute, includes the supply of goods, materials or services to or by, or the execution of works for or by, any party to the dispute, any other person affected by the dispute, or any authority concerned with the enforcement of law and order in relation to the dispute;

• “political, industrial or sectarian affiliations or interests” means actual or potential membership of, or actual or potential support for, respectively, any political party, any employers' association or trade union or any society, fraternity or other association;

• “suppliers or customers” and “sub-contractors” includes prospective suppliers or customers and sub-contractors; and “supplier”, in relation to a contractor, includes any person who, in the course of business, supplies him with services or facilities of any description for the purposes of his business;

• “trade union” has the same meaning as in the Industrial Relations (Northern Ireland) Order[F2 1992].

F1 Art. 18: words in the definition of "associated body" omitted (1.10.2009) by virtue of Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 137(a) (with art. 10)

F2 1996 NI 16

F3 Art. 18: definitions of "holding company" and "subsidiary" inserted (1.10.2009) by Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 137(b) (with art. 10)