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The Construction Contracts (Scotland) Exclusion Amendment Order 2006

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2006, ISBN 0110709241

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before the Scottish Parliament under section 106(4) of the Housing Grants, Construction and Regeneration Act 1996, for approval by resolution of the Scottish Parliament.

CONSTRUCTION

Made 2006

Coming into force 2006

The Scottish Ministers, in exercise of the powers conferred by section 106(1)(b) of the Housing Grants, Construction and Regeneration Act 1996f1, hereby make the following Order, a draft of which has, in accordance with section 106(4) of that Act, been laid before and approved by resolution of the Scottish Parliament:

Annotations to the whole text

Footnotes

f1

1996 c. 53. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

Contents

  1. 1Citation and commencement
  2. 2Amendment
  3. Signature
  4. Explanatory note

1Citation and commencement

(1)

This Order may be cited as the Construction Contracts (Scotland) Exclusion Amendment Order 2006 and shall come into force on the day after the day on which it is made.

(2)

This Order extends to Scotland only.

2Amendment

In article 4(2)(c)(iii) of the Construction Contracts (Scotland) Exclusion Order 1998f1 after “the Comptroller and Auditor General”, insert “or the Auditor General for Scotland”.

Signature

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

2006

Explanatory note

(This note is not part of the Order)

This Order amends the Construction Contracts (Scotland) Exclusion Order 1998.

The Scotland Act 1998 (c. 46), section 69, appoints the Auditor General for Scotland and in accordance with section 70 of the Scotland Act 1998 the Auditor General for Scotland exercises new functions provided for in Scottish legislation. The amendment made by this Order is consequential upon the appointment of and conferral of functions to the Auditor General for Scotland.

The amendment provides that a body whose accounts are examined and certified by or are open to inspection of the Auditor General for Scotland fulfils one of the conditions to enter into a contract under the private finance initiative, which means that the contract is excluded from the operation of Part II of the Housing Grants, Construction and Regeneration Act 1996.