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Statutory Instrument 1997 No. 850

The Local Authorities (Goods and Services) (Public Bodies) (Trunk Roads) (No. 2) Order 1997

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1997 No. 850


LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Authorities (Goods and Services) (Public Bodies) (Trunk Roads) (No. 2) Order 1997


 Made14th March 1997 
 Laid before Parliament18th March 1997 
 Coming into force8th April 1997 

The Secretary of State for Transport and the Secretary of State for Wales, acting jointly in relation to England and Wales, in exercise of the powers conferred by section 1(5) and (6) of the Local Authorities (Goods and Services) Act 1970[1], hereby make the following Order:

Citation and commencement
    1.This Order may be cited as the Local Authorities (Goods and Services) (Public Bodies) (Trunk Roads) (No. 2) Order 1997 and shall come into force on 8th April 1997.

Interpretation
    2.In this Order, unless the context otherwise requires:

    "the 1980 Act" means the Highways Act 1980[2];

    "DBFO contract" means a contract between the Secretary of State for Transport or the Secretary of State for Wales and another person pursuant to which such other person undertakes responsibility for the design, building, financing and operation of a trunk road for an agreed period;

    "DBFO contractor" means a person who has entered into a DBFO contract with the Secretary of State for Transport or with the Secretary of State for Wales and includes a sub-contractor of such person;

    "relevant trunk road" means a trunk road other than a trunk road which is a special road;

    "relevant trunk road connected land" means any land which does not form part of a relevant trunk road but which has been acquired by the Secretary of State for Transport or the Secretary of State for Wales in connection with a relevant trunk road under section 239(2) or (4) or section 246 of the 1980 Act;

    "special road" has the meaning given in section 329(1) of the 1980 Act;

    "trunk road" has the meaning given in section 329(1) of the 1980 Act;

    "unitary county" means a county where the county council is the sole principal council for that local government area;

    "unitary county council" means a county council which is the sole principal council for its local government area;

Designation of public bodies
    3.A person specified, or of a description specified, below, appearing to the Secretary of State for Transport and the Secretary of State for Wales to be exercising functions of a public nature, shall be a public body for the purposes of the Local Authorities (Goods and Services) Act 1970 in its application to England and Wales:

    the Secretary of State for Transport,

    the Secretary of State for Wales,

    a DBFO contractor.

Restrictions on agreements which may be entered into by a DBFO contractor
    4.A DBFO contractor may only enter into an agreement with a local authority by virtue of this Order if it is a local authority (DBFO litter) agreement within the meaning of article 5 below.

Local authority (DBFO litter) agreement
    5.An agreement is a local authority (DBFO litter) agreement if it is an agreement to which each of the following subparagraphs of this article applies:

    (a) it is an agreement between a DBFO contractor and a local authority which is, in England, a district council, a unitary county council, a London borough council, or the Common Council of the City of London, or in Wales a county council or a county borough council, with respect to the clearance of litter and refuse from, or the cleaning of, a relevant trunk road or relevant trunk road connected land which is the subject of a DBFO contract, where:

      (i) such road or land is inside the local authority's area; or

      (ii) if such road or land is outside the local authority's area but within a district, a London borough, a unitary county or the City of London in England, or within a county or county borough in Wales, the authority has consulted the council of that district, borough, unitary county, county, county borough or of the City of London prior to entering into the agreement with the DBFO contractor;

    (b) it is an agreement for:

      (i) the provision by the local authority for the DBFO contractor of any administrative, professional or technical services; or

      (ii) the use by the DBFO contractor of any vehicle, plant or apparatus belonging to the local authority and the placing at the disposal of that contractor of the services of any person employed in connection with the vehicle or other property in question; or

      (iii) the carrying out by the local authority of works of maintenance in connection with land or buildings for the maintenance of which the DBFO contractor is responsible;

    (c) it is an agreement made by acceptance of the local authority's offer to carry out the obligations under the agreement where:

      (i) the local authority made the offer in response to an invitation by the DBFO contractor to submit offers; and

      (ii) if such persons are known to exist upon reasonable enquiry by the DBFO contractor, the invitation was made to other persons who were willing to carry out work of the kind concerned, including at least one person who was not a local authority; and

    (d) it is an agreement which will determine no later than on a date which is five years after the date which it was entered into by the parties.

Restriction on agreements which may be entered into by the Secretary of State for Transport and the Secretary of State for Wales
    6.The Secretary of State for Transport and the Secretary of State for Wales may only enter into an agreement with a local authority by virtue of this Order if it is a local authority (minister litter) agreement within the meaning of article 7 below.

Local authority (minister litter) agreement
    7.An agreement is a local authority (minister litter) agreement if it is an agreement to which each of the following subparagraphs of this article applies:

    (a) it is an agreement between the Secretary of State and a local authority which is in England, a district council, a unitary county council, a London borough council or the Common Council of the City of London, or in Wales a county council or county borough council, with respect to the clearance of litter and refuse from, or the cleaning of, a relevant trunk road or relevant trunk road connected land which is the subject of a DBFO contract, where

      (i) such road or land is inside the local authority's area; or

      (ii) if such road or land is outside the local authority's area but within a district, a London borough a unitary county or the City of London in England, or within a county or county borough in Wales, the authority has consulted the council of that district, borough, unitary county, county borough or of the City of London prior to entering into the agreement with the DBFO contractor; and

    (b) it is an agreement for:

      (i) the provision by the local authority for the Secretary of State of any administrative, professional or technical services; or

      (ii) the use by the Secretary of State of any vehicle, plant or apparatus belonging to the local authority and the placing at the disposal of the Secretary of State of the services of any person employed in connection with the vehicle or other property in question; or

      (iii) the carrying out by the local authority of works of maintenance in connection with land or buildings for the maintenance of which the Secretary of State is responsible.



Signed by authority of the Secretary of State for Transport

John Watts,
Minister of State, Department of Transport

12th March 1997


Signed by authority of the Secretary of State for Wales

Gwilym Jones,
Parliamentary Under-Secretary of State, Welsh Office

14th March 1997

EXPLANATORY NOTE

(This note is not part of the Order)


This Order designates the Secretary of State for Transport, the Secretary of State for Wales and a DBFO contractor under the Local Authorities (Goods and Services) Act 1970 (article 3).

The purpose of this Order is to permit those local authorities (or the successors of such authorities) which have in the past carried out duties in connection with the removal of litter and refuse from, and the cleaning of, certain trunk roads, to provide similar services to DBFO contractors or either Secretary of State. The Order allows, in England, district councils, unitary county councils, London borough councils and the Common Council of the City of London and, in Wales. county councils and county borough councils to provide such services to - 

    (a) DBFO contractors (providing the conditions in articles 4 and 5 are fulfilled);

    (b) the Secretary of State for Transport (providing the conditions in articles 6 and 7 are fulfilled); and

    (c) the Secretary of State for Wales (providing the conditions in articles 6 and 7 are fulfilled).

DBFO contractors and each Secretary of State have already been designated under the Local Authorities (Goods and Services) Act 1970 by virtue of The Local Authorities (Goods and Services) (Public Bodies) (Trunk Roads) Order 1996 (S.I. 1996/342) ("the first Order"). The purpose of the first Order was to allow local highway authorities to provide certain services in connection with trunk roads to DBFO contractors and each Secretary of State subject to restrictions contained in that Order.

Notes:

[1] 1970 c. 39. The power conferred on the Minister of Housing and Local Government is exercisable by the Secretary of State: paragraphs 2(1) and 5(2) of S.I. 1970/1681.back

[2] 1980 c. 66.back


ISBN 0 11 064378 X


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