PART 5

Community empowerment
CHAPTER 2

Community right to challenge

Consideration of expression of interest
83
1
The relevant authority must—
a
accept the expression of interest, or
b
reject the expression of interest.
This is subject to section 84(1) (modification of expression of interest).
2
If the relevant authority accepts the expression of interest it must carry out a procurement exercise relating to the provision on behalf of the authority of the relevant service to which the expression of interest relates.
3
The exercise required by subsection (2) must be such as is appropriate having regard to the value and nature of the contract that may be awarded as a result of the exercise.
4
A relevant authority must specify—
a
the minimum period that will elapse between—
i
the date of the relevant authority’s decision to accept an expression of interest, and
ii
the date on which it will begin the procurement exercise required by subsection (2) as a result of that acceptance, and
b
the maximum period that will elapse between those dates.
5
The relevant authority may specify different periods for different cases.
6
The relevant authority must publish details of a specification under subsection (4) in such manner as it thinks fit (which must include publication on the authority’s website).
7
The relevant authority must comply with a specification under subsection (4).
8
A relevant authority must, in considering an expression of interest, consider whether acceptance of the expression of interest would promote or improve the social, economic or environmental well-being of the authority’s area.
9
A relevant authority must, in carrying out the exercise referred to in subsection (2), consider how it might promote or improve the social, economic or environmental well-being of the authority’s area by means of that exercise.
10
Subsection (9) applies only so far as is consistent with the law applying to the awarding of contracts for the provision on behalf of the authority of the relevant service in question.
11
The relevant authority may reject the expression of interest only on one or more grounds specified by the Secretary of State by regulations.