The Construction Contracts (England) Exclusion Order 2022
| Jurisdiction | UK Non-devolved |
2022 No. 839
Construction, England
The Construction Contracts (England) Exclusion Order 2022
Made 15th July 2022
Coming into force 1st October 2022
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 2022 and comes into force on 1st October 2022.
(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.
Direct procurement for customers projects
3.—(1) A construction contract is excluded from the operation of Part II of the Act if it is a contract for the delivery of a direct procurement for customers project.
(2) A contract is a contract for the delivery of a direct procurement for customers project if all the following conditions are fulfilled—
(a)
(a) it contains a statement that it is such a contract;
(b)
(b) one of the parties to the contract is a sewerage undertaker or a water undertaker;
(c)
(c) the construction operations are in respect of an infrastructure project that is designated by the Water Services Regulation Authority as a direct procurement for customers project in accordance with the conditions of appointment of the sewerage undertaker or the water undertaker;
(d)
(d) the consideration due under the contract consists at least in part of regular payments that—
(i) are determined in part by reference to the actual cost of the construction operations; and
(ii) become payable after at least one part of the construction operations is completed and is capable of performing a sewerage or water service.
(3) In paragraph (2)—
(a)
(a) construction operations means the construction operations to which the contract relates; and
(b)
(b) sewerage undertaker and water undertaker mean a sewerage undertaker or water undertaker, as the case may be, appointed under section 6(1) of the Water Industry Act 19912.
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