PART 1GENERAL

Contracting authorities3

1

For the purposes of these Regulations each of the following is a contracting authority—

a

a Minister of the Crown;

b

a government department;

c

the House of Commons;

d

the House of Lords;

e

the Northern Ireland Assembly Commission;

f

the Scottish Ministers;

g

the Scottish Parliamentary Corporate Body;

h

the National Assembly for Wales;

i

a local authority;

j

a fire authority constituted by a combination scheme under the Fire Services Act 1947 M1;

k

a fire and rescue authority—

i

within the meaning of section 1 of the Fire and Rescue Services Act 2004 M2;

ii

constituted by a scheme under section 2 of that Act; or

iii

constituted by a scheme to which section 4 of that Act applies;

l

the Fire Authority for Northern Ireland;

F2m

a police and crime commissioner established under section 1 of the Police Reform and Social Responsibility Act 2011;

ma

a chief constable established under section 2 of the Police Reform and Social Responsibility Act 2011;

F1n

the Mayor's Office for Policing and Crime established under section 3 of the Police Reform and Social Responsibility Act 2011;

na

the Commissioner of Police of the Metropolis established under section 4 of the Police Reform and Social Responsibility Act 2011;

o

a police authority established under section 2 of the Police (Scotland) Act 1967 M3;

p

the Northern Ireland Policing Board;

q

an authority established under section 10 of the Local Government Act 1985 M4;

r

a joint authority established by Part IV of that Act;

s

any body established in accordance with an order under section 67 of that Act;

t

the Broads Authority;

u

any joint board, the constituent members of which consist of any of the bodies specified in paragraphs (i), (j), (m), (n), (o), (p), (q), (r) and (s);

v

a National Park authority established by an Order under section 63 of the Environment Act 1995 M5;

w

a corporation established, or a group of individuals appointed to act together, for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character, and—

i

financed wholly or mainly by another contracting authority;

ii

subject to management supervision by another contracting authority; or

iii

more than half of the board of directors or members of which, or, in the case of a group of individuals, more than half of those individuals, are appointed by another contracting authority;

x

an association of or formed by one or more of the above; and

y

to the extent not specified in sub-paragraphs (a) to (v), an entity specified in Schedule 1.

2

In the application of these Regulations to a local authority in England, “local authority” in paragraph (1) means—

a

a county council, a district council, a London borough council, a parish council, the Council of the Isles of Scilly;

b

the Common Council of the City of London in its capacity as local authority or police authority; or

c

the Greater London Authority or a functional body within the meaning of the Greater London Authority Act 1999 M6.

3

In the application of these Regulations to a local authority in Wales, “local authority” in paragraph (1) means a county council, a county borough council or a community council.

4

In the application of these Regulations to a local authority in Scotland, “local authority” in paragraph (1) has the same meaning as in section 235(1) of the Local Government (Scotland) Act 1973 M7 and also includes a joint board or joint committee within the meaning of section 235(1) of that Act.

5

In the application of these Regulations to a local authority in Northern Ireland, “local authority” in paragraph (1) means a district council within the meaning of the Local Government Act (Northern Ireland) 1972 M8.

6

Where an entity specified in paragraph (1) does not have the capacity to enter into a contract, the contracting authority in relation to that entity is a person whose function it is to enter into contracts for that entity.