Section 106A Power to disapply provisions of this PartF1

England, Wales and Scotland

(1)

The Secretary of State may by order provide that any or all of the provisions of this Part, so far as extending to England and Wales, shall not apply to any description of construction contract relating to the carrying out of construction operations (not being operations in Wales) which is specified in the order.

(2)

The Welsh Ministers may by order provide that any or all of the provisions of this Part, so far as extending to England and Wales, shall not apply to any description of construction contract relating to the carrying out of construction operations in Wales which is specified in the order.

(3)

The Scottish Ministers may by order provide that any or all of the provisions of this Part, so far as extending to Scotland, shall not apply to any description of construction contract which is specified in the order.

(4)

An order under this section shall not be made unless a draft of it has been laid before and approved by resolution of—

(a)

in the case of an order under subsection (1), each House of Parliament;

(b)

in the case of an order under subsection (2), the National Assembly for Wales;

(c)

in the case of an order under subsection (3), the Scottish Parliament.

Annotations

Textual amendments

F1: S. 106A inserted (18.6.2011 for E.W. for specified purposes, 24.6.2011 for E.W. for specified purposes, 24.6.2011 for S., 1.10.2011 for E.W. in so far as not already in force) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 138(3), 148(8), 149 (with s. 149(3)(4)); S.I. 2011/1514, arts. 2, 3, S.I. 2011/1569, art. 2, S.S.I. 2011/269, art. 2, S.I. 2011/1582, art. 2, S.I. 2011/1597. arts. 2, 3

Notes on Part II

Modifications

C1: Pt. 2 excluded (E.W.) (5.5.2023) by The Construction Contracts (Exclusion) (Wales) Order 2023 (S.I. 2023/475), arts. 1(3), 3