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Local Government (Best Value) Act (Northern Ireland) 2002

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Contracts: exclusion of non-commercial considerations

2—(1) The Department may by order provide, in relation to councils, for a specified matter to cease to be a non-commercial matter for the purposes of Article 19 of the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1992 (NI 6) (council 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 councils, functions or contracts;

(c)amend a statutory provision;

(d)include supplementary, incidental, consequential and transitional provisions.

(3) In exercising a function regulated by Article 19 of the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1992 (NI 6) with reference to a matter which is the subject of an order under this section a council shall have regard to any guidance issued by the Department.

(4) No order shall be made under this section unless a draft of the order has been laid before, and approved by resolution of, the Assembly.

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