Local Government (Miscellaneous Provisions) Act (Northern Ireland) 2010
| Jurisdiction | Northern Ireland |
| Citation | 2010 NI c 7 |
(1) Every statutory provision conferring or imposing a function on a district council confers power on the district council to enter into a contract with another person for the provision or making available of assets or services, or both, for the purposes of, or in connection with, the discharge of the function by the district council.a district council enters into a contract such as is mentioned in subsection (1) (“the provision contract”) under any statutory provision, andin connection with the provision contract, a person (“the financier”) makes a loan to, or provides any other form of finance for, a party to the provision contract other than the district council,(3) A provision of this Part does not apply to a contract which a district council enters into before the commencement of that provision.(1) Where a district council has entered into a contract, the contract shall, if it is a certified contract, have effect (and be deemed always to have had effect) as if the district council had had power to enter into it (and had exercised that power properly in entering into it) .(2) For the purposes of this Part a contract entered into by a district council is a certified contract if (and, subject to subsections (3) and (4) , only if) the certification requirements have been satisfied by the district council with respect to the contract and they were so satisfied before the end of the certification period.(3) A contract entered into by a district council shall be treated as a certified contract during the certification period if the contract provides that the certification requirements are intended to be satisfied by the district council with respect to the contract before the end of that period.the period for which it operates or is intended to operate ends at the same time as the period for which the existing contract was to operate, andapart from that, its provisions are the same as those of the existing contract.(5) In this Part “the certification period”, in relation to a contract entered into by a district council, means the period of 6 weeks beginning with the day on which the district council entered into the contract.(6) Subsection (1) is subject to section 5 (special provisions about judicial reviews a statutory provision for giving effect to any Community obligation relating to public procurement; orArticle 19(1) of the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1992 (NI 6) .(1) In this Part “the certification requirements”, in relation to a contract entered into by a district council, means the requirements specified in subsections (2) to (4) .including details of the period for which the contract operates or is to operate;describing the purpose of the contract;containing a statement that the contract is or is to be a contract falling within subsection (5) or (6) ;stating that the district council had or has power to enter into the contract and specifying the statutory provision, or each of the statutory provisions, conferring the power;stating that a copy of the certificate has been or is to be given to each person to whom a copy is required to be given by regulations;dealing in the prescribed manner with any matters required by regulations to be dealt with in certificates under this section; andconfirming that the district council has complied with or is to comply with any requirement imposed by regulations with respect to the issue of certificates under this section.(3) The requirement specified in this subsection is that the district council must have secured that the certificate is signed by any person who is required by regulations to sign it.(4) The requirement specified in this subsection is that the district council must have obtained consent to the issue of a certificate under this section from each of the persons with whom the district council has entered, or is to enter, into the contract.it is entered into with another person for the provision or making
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