Statutory Instruments
2006 No. 91
LONDON GOVERNMENT
CONTRACTING OUT
The Transport for London (Best Value) (Contracting Out of Investment and Highway Functions) Order 2006
Made
19th January 2006
Coming into force
20th January 2006
This Order is made in exercise of the powers conferred by section 70 of the Deregulation and Contracting Out Act 1994( 1 ) as applied in relation to functions of a best value authority by section 18 of the Local Government Act 1999( 2 ).
Before making this Order the First Secretary of State consulted with such representatives of local government as he considered appropriate.
The First Secretary of State considers the provision made by this Order to be necessary or expedient for the purpose of permitting or facilitating compliance by Transport for London with the requirements of Part 1 of the Local Government Act 1999.
In accordance with section 77(2) of the Deregulation and Contracting Out Act 1994 a draft of this Order was laid before and approved by resolution of each House of Parliament.
The First Secretary of State makes the following Order:
Citation and commencement
1. This Order may be cited as the Transport for London (Best Value) (Contracting Out of Investment and Highway Functions) Order 2006 and shall come into force on the day after the day on which it is made.
Contracting out of investment functions
2. —(1) The functions of Transport for London consisting of, or relating to, the investment of any sum for the time being held by it may, subject to the following paragraphs, be exercised by, or by the employees of, such person (if any) as may be authorised by Transport for London to do so.
(2) The investment referred to in paragraph (1) must be an investment which, if made by Transport for London, would be permitted by virtue of section 12 of the Local Government Act 2003 (power to invest).
(3) Articles 5 and 7 to 13 of the Local Authorities (Contracting Out of Investment Functions) Order 1996( 3 ) shall apply in relation to functions mentioned in, or an authorisation given by virtue of, paragraph (1) as if—
(a) a reference to an authority were a reference to Transport for London;
(b) a reference to a contractor—
(i) were a reference to any person to whom an authorisation is given by virtue of that paragraph; and
(ii) except in the application of article 9 of that Order, included the employees of that person;
(c) a reference to article 4 or Part 2 of that Order were a reference to that paragraph; and
(d) a reference to an authorisation given by virtue of that Order were a reference to an authorisation given by virtue of that paragraph.
Contracting out of highway functions
3. Any function of Transport for London which is conferred by or under any of the provisions—
(a) described in Schedule 1, 2 or 3 to the Local Authorities (Contracting Out of Highway Functions) Order 1999( 4 ); or
(b) listed in the Schedule to the Local Authorities (Contracting Out of Highway Functions) (England) Order 2001( 5 )
may be exercised by, or by the employees of, such person (if any) as may be authorised by Transport for London to do so.
Signed by authority of the First Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Office of the Deputy Prime Minister
19th January 2006
1994 c. 40 . Section 70 was amended by section 40 of and Schedule 34 to the Greater London Act 1999 (c. 29) and article 29 of the Local Authorities (Executive and Alternative Arrangements) (Modification of Enactments and Other Provisions) (England) Order 2001 ( S.I. 2001/2237 ) and article 28 of the Local Authorities (Executive and Alternative Arrangements) (Modification of Enactments and Other Provisions) (Wales) Order 2002 ( S.I. 2002/808 ).
1999 c. 27 . Transport for London is a best value authority for the purposes of Part 1, by virtue of section 1.
S.I. 1996/1883 , amended by S.I. 2001/3649 and 2004/2044 .