Local Government (Contracts) Act 1997
| Jurisdiction | UK Non-devolved |
| Citation | 1997 c. 65 |
| Year | 1997 |
(1) Every statutory provision conferring or imposing a function on a local authority confers power on the local authority to enter into a contract with another person for the provision or making available of assets or services, or both, (whether or not together with goods) for the purposes of, or in connection with, the discharge of the function by the local authority.a local authority 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 local authority,any authority with respect to the finances of which F1Part IV of the Local Government and Housing Act 1989F1Chapter 1 of Part 1 of the Local Government Act 2003 (capital finance) has effect at the time in question,any probation committee,the Receiver for the Metropolitan Police District, andany local authority or joint board as defined in section 235(1) of the (4) In this Act “assets” means assets of any description (whether tangible or intangible) , including (in particular) land, buildings, roads, works, plant, machinery, vehicles, vessels, apparatus, equipment and computer software.(5) Regulations may be made amending subsection (4) .(1) Where a local authority 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 local authority had had power to enter into it (and had exercised that power properly in entering into it) .(2) For the purposes of this Act a contract entered into by a local authority is a certified contract if (and, subject to subsections (3) and (4) , only if) the certification requirements have been satisfied by the local authority with respect to the contract and they were so satisfied before the end of the certification period.(3) A contract entered into by a local authority 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 local authority 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 Act “the certification period”, in relation to a contract entered into by a local authority, means the period of six weeks beginning with the day on which the local authority entered into the contract.(6) Subsection (1) is subject to section 5 (special provisions about judicial reviews and audit reviews) .(7) The application of subsection (1) in relation to a contract entered into by a local authority does not affect any claim for damages made by a person who is not (and has never been) a party to the contract in respect of a breach by the local authority of any duty to do, or not to do, something before entering into the contract (including, in particular, any such duty imposed by a statutory provision for giving effect to any F5EU obligation relating to public procurement or by section 17(1) of the Local Government Act 1988) .(1) In this Act “the certification requirements”, in relation to a contract entered into by a local authority, 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 section 4(3) or (4) ,stating that the local authority 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 a manner prescribed by regulations with any matters required by
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