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

The conditions

8.—(1) The first condition is that, before carrying out the work, the council published, in at least 2 newspapers circulating in the locality in which the work is to be carried out and at least one publication circulating among persons who carry out work of the kind concerned, a notice containing—

(a) a brief description of the work,

(b) a statement that during a period specified in the notice any person may inspect a detailed specification of the work free of charge at a place and time specified in the notice,

(c) a statement that during that period any person will be supplied with a copy of the detailed specification on request and on payment of such charge as is specified in the notice,

(d) a statement that any person who may wish to carry out the work should notify the council of that fact within a period specified in the notice, and

(e) a statement that the council intends to make, in accordance with the third condition, an invitation to carry out the work.

(2) The second condition is that—

(a) the periods, place, time and charge specified in the notice are reasonable,

(b) before carrying out the work, the council made a detailed specification of the work available for inspection, and copies of it available for supply, in accordance with the notice, and

(c) the detailed specification includes a statement of the period during which the work is to be carried out.

(3) The third condition is that, if any person notified the council in accordance with the statement under paragraph (1)(d), the council made an invitation to carry out the work in accordance with the following rules—

(a) the invitation was made by the council before carrying out the work, and not less than 3 nor more than 6 months after complying with the first condition;

(b) if more than 3 persons who are not councils notified the council, at least 3 of them were invited;

(c) if less than 4 persons who are not councils notified the council, each of them was invited;

(d) if a council or councils notified the council, such one or more (if any) of them as the council decided was invited.

(4) Regulations may amend sub-paragraphs (b) and (c) of paragraph (3) so as to vary the number of persons who are not councils who must be invited to carry out work in particular circumstances.

(5) The fourth condition is that before carrying out the work the council, through its direct labour organisation or a similar organisation, prepared a written bid indicating a wish to carry out the work.

(6) The fifth condition is that the council, in reaching the decision that it should carry out the work and in doing anything else (whether or not required by this Part) in connection with the work before reaching the decision, did not act in a manner having the effect or intended or likely to have the effect of restricting, distorting or preventing competition.

(7) The sixth condition is that in carrying out the work the council complies with the detailed specification of it mentioned in paragraphs (1) and (2).