# The Construction Contracts (England and Wales) Exclusion Order 1998, Article 3: Agreements under statute


A construction contract is excluded from the operation of Part II if it is—
(a) an agreement under section 38 (power of highway authorities to adopt by agreement) or section 278 (agreements as to execution of works) of the Highways Act 1980;
(b) an agreement under section 106 (planning obligations), 106A (modification or discharge of planning obligations) or 299A (Crown planning obligations) of the Town and Country Planning Act 1990;
(c) an agreement under section 104 of the Water Industry Act 1991 (agreements to adopt sewer, drain or sewage disposal works); or
(d) an externally financed development agreement within the meaning of section 1 of the National Health Service (Private Finance) Act 1997 (powers of NHS Trusts to enter into agreements).

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Source: https://www.legislation.gov.uk/ukdsi/1998/011065272X/article/3 (the official version)
Page: https://openlegislation.uk/draft-construction-contracts-england-and-wales-exclusion-order-1998/article-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.