Statutory Instruments
2007 No. 1182
CONSTITUTIONAL LAW
devolution, wales
The Government of Wales Act 2006 (Local Government (Contracts) Act 1997) (Modifications) Order 2007
Made
5th April 2007
Laid before Parliament
16th April 2007
Coming into force in accordance with Article 1(1)
The Secretary of State, in exercise of the powers conferred on him by section 68 of, and paragraph 4(7) of Schedule 2 to, the Government of Wales Act 2006 ( 1 ), makes the following Order:
Citation, commencement and interpretation
1. —(1) This Order may be cited as the Government of Wales Act 2006 (Local Government (Contracts) Act 1997) (Modifications) Order 2007 and shall come into force immediately after the end of the initial period ( 2 ).
(2) In this Order, “the Act” means the Local Government (Contracts) Act 1997( 3 ).
Application of the Act to contracts entered into by the Welsh Ministers, the First Minister for Wales and the Counsel General to the Welsh Assembly Government
2. The Act shall apply in relation to contracts entered into by the Welsh Ministers, the First Minister or the Counsel General with the following modifications—
(a) subject to paragraph (b), as if references in the Act to a local authority were references to the Welsh Ministers, the First Minister or the Counsel General, and
(b) as if the provisions of the Act set out in the left hand column of the Table in Schedule 1 to this Order were modified as set out in the right hand column.
Application of the Act to contracts entered into by the National Assembly for Wales Commission
3. The Act shall apply in relation to contracts entered into by the Assembly Commission with the following modifications—
(a) subject to paragraph (b), as if references in the Act to a local authority were references to the Assembly Commission, and
(b) as if the provisions of the Act set out in the left hand column in the Table in Schedule 2 to this Order were modified as set out in the right hand column.
Nick Ainger
Parliamentary Under Secretary of State for Wales
Wales Office
5th April 2007
Article 2
SCHEDULE 1
| Provision of the Act | Modification |
|---|---|
| Section 1 (functions to include power to enter into contracts) | Omit subsections (3) and (5). |
| Section 2 (certified contracts to be intra vires) | In subsection (6) for “audit reviews” substitute “references on devolution issues”. |
| Section 3 (the certification requirements) | In subsection (2), for paragraphs (d) to (g) substitute— “ (d) stating that the Welsh Ministers, the First Minister or the Counsel General (as the case may be) had, or have or has, power to enter into the contract, (e) specifying each statutory provision conferring the power and, where that provision or one such provision is section 71 of the Government of Wales Act 2006, specifying each function which the contract is calculated to facilitate or to which it is conducive or incidental, (f) stating that a copy of the certificate has been or is to be given to— (i) each of the persons with whom the contract has been or is to be entered into, (ii) the principal accounting officer for the Welsh Ministers, and (iii) the Auditor General for Wales, and (g) confirming that the Welsh Ministers, the First Minister or the Counsel General (as the case may be) have or has complied with or are or is to comply with the requirement imposed by subsection (4) with respect to the issue of certificates under this section. ” For subsection (3), substitute— “ (3) The requirement specified in this subsection is that the certificate must be signed by the Welsh Ministers, the First Minister or the Counsel General (as the case may be). ” |
| Section 4 (certified contracts supplementary) | In subsection (2), omit “by a local authority within section 1(3)(a) or (d)”. Omit subsection (5). |
| Section 5 (special provision for judicial reviews and audit reviews) | In subsections (1)(b) and (2)(b) for “an audit review” substitute “a reference under Schedule 9 to the Government of Wales Act 2006 (devolution issues)”. In subsection (3), for “an audit review” substitute “a reference under Schedule 9 to the Government of Wales Act 2006”. For subsection (4), substitute— “ (4) In this section and sections 6 and 7, references— (a) to an application for judicial review include an appeal (or further appeal) against a determination or order made on such an application, and (b) to a reference under Schedule 9 to the Government of Wales Act 2006 include an appeal (or further appeal) against a determination or order made on such a reference. ” |
| Section 6 (relevant discharge terms) | In subsection (1)(b) for “an audit review” substitute “a reference under Schedule 9 to the Government of Wales Act 2006 (devolution issues)”. In subsection (2)(c) for “an audit review” substitute “a reference under Schedule 9 to the Government of Wales Act 2006”. |
| Section 7 (absence of relevant discharge terms) | In subsection (1)(a), for “an audit review” substitute “a reference under Schedule 9 to the Government of Wales Act 2006 (devolution issues)”. In subsection (3), for “an audit review” substitute “a reference under Schedule 9 to the Government of Wales Act 2006”. |
| Section 8 (audit reviews) | Omit the whole section. |
| Section 9 (contracting out of functions in connection with certified contracts) | For subsection (1), substitute— “ (1) An authorisation given by the Welsh Ministers, the First Minister or the Counsel General by virtue of an order under section 69 of the Deregulation and Contracting Out Act 1994 (authorisation of exercise by another person of functions for period not exceeding ten years) may specify that it is to be for a period exceeding ten years if it is given in connection with a certified contract. ” For subsection (3)(a) and (b) substitute— “ (a) it is given by the Welsh Ministers, the First Minister or the Counsel General, (b) the persons or person by whom the authorisation is given, and the authorised person, are parties to the contract, and ” . |
| Section 11 (Regulations) | Omit the whole section. |
Article 3
SCHEDULE 2
| Provision of the Act | Modification |
|---|---|
| Section 1 (functions to include power to enter into contracts) | Omit subsection (3). |
| Section 2 (certified contracts to be intra vires) | In subsection (6) omit “and audit reviews”. |
| Section 3 (the certification requirements) | In subsection (2), for paragraphs (d) to (g) substitute— “ (d) stating that the Assembly Commission had or has power to enter into the contract, (e) specifying each statutory provision conferring the power and, where that provision or one such provision is paragraph 4(1) of Schedule 2 to the Government of Wales Act 2006, specifying each function for the purpose of which, or in connection with which, the contract appears to the Commission to be necessary or appropriate, (f) stating that a copy of the certificate has been or is to be given to— (i) each of the persons with whom the contract has been or is to be entered into, (ii) the principal accounting officer for the Assembly Commission, and (iii) the Auditor General for Wales, and (g) confirming that the Assembly Commission has complied with or is to comply with the requirement imposed by subsection (4) with respect to the issue of certificates under this section. ” For subsection (3), substitute— “ (3) The requirement specified in this subsection is that the Assembly Commission must have secured that the certificate issued by it is signed by the Clerk of the Assembly. ” |
| Section 4 (certified contracts supplementary) | In subsection (2), omit “by a local authority within section 1(3)(a) or (d)”. |
| Section 5 (special provision for judicial reviews and audit reviews) | In subsection (1) omit paragraph (b) and the word “or” before it. In subsection (2) omit paragraph (b) and the word “or” before it. In subsection (3), omit “or an audit review”. |
| Section 6 (relevant discharge terms) | In subsection (1) omit paragraph (b) and the word “or” before it. In subsection (2), in paragraph (c), omit “or an audit review”. |
| Section 7 (absence of relevant discharge terms) | In subsections (1)(a) and (3) omit “or an audit review”. |
| Section 8 (audit reviews) | Omit the whole section. |
| Section 9 (contracting out of functions in connection with certified contracts) | Omit the whole section. |