The Construction Contracts (England) Exclusion Order 2011
| Jurisdiction | UK Non-devolved |
| Citation | SI 2011/2332 |
| Year | 2011 |
2011 No. 2332
Construction, England
The Construction Contracts (England) Exclusion Order 2011
Made 19th September 2011
Coming into force 1st October 2011
The Secretary of State makes the following Order in exercise of the powers conferred by sections 106A(1) and 146 of the Housing Grants, Construction and Regeneration Act 19961(“the Act”).
In accordance with section 106A(4)(a) of the Act, a draft of this Order was laid before Parliament and approved by a resolution of each House of Parliament.
Citation, commencement and application
1.—(1) This Order may be cited as the Construction Contracts (England) Exclusion Order 2011 and comes into force on 1st October 2011.
(2) This Order does not apply to a construction contract to the extent that it relates to the carrying out of construction operations in Wales.
Interpretation
2. In this Order—
“the Act” means the Housing Grants, Construction and Regeneration Act 1996; and
the reference to a “relevant contract” is to a contract excluded from the operation of Part 2 of the Act pursuant to Article 4 of the Construction Contracts (England and Wales) Exclusion Order 19982.
Private finance initiative sub-contracts
3. A construction contract is excluded from the operation of section 110(1A) of the Act3if it is a contract pursuant to which a party to a relevant contract has sub-contracted to a third party some or all of its obligations under that contract to carry out, or arrange that others carry out, construction operations.
Mark Prisk
Minister of State for Business and Enterprise
Department for Business, Innovation and Skills
19th September 2011
EXPLANATORY NOTE
(This note is not part of the Order)
Part 2 of the Housing Grants, Construction and Regeneration Act 1996 (“the Act”) makes provision as regards the terms of construction contracts. Section 106A confers power to exclude descriptions of contracts from the operation of any or all of the provisions of Part 2 and this Order excludes a type of contract from the operation of one such provision.
The provision is section 110(1A) of the Act, pursuant to which the requirement that contracts provide an adequate mechanism for establishing what payments become due and when under the contract is not met if payment is conditional on obligations being performed under another contract. The type of...
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