The Public Supply Contracts Regulations 1995

Contracting Authorities

3.—(1) For the purposes of these Regulations each of the following is a “contracting authority”—

(a) a Minister of the Crown,

(b) a government department,

(c) the House of Commons,

(d) the House of Lords,

(e) the Northern Ireland Assembly,

(f) a local authority,

(g) a fire authority constituted by a combination scheme under the Fire Services Act 1947(1),

(h) the Fire Authority for Northern Ireland,

(i) a police authority established under section 3 of the Police Act 1964(2),

(j) the Police Authority for Northern Ireland,

(k) an authority established under section 10 of the Local Government Act 1985(3),

(l) a joint authority established by Part IV of that Act,

(m) any body established pursuant to an order under section 67 of that Act,

(n) the Broads Authority,

(o) any joint board the constituent members of which consist of any of the bodies specified in paragraphs (f), (g), (i), (k), (l), (m) and (n), above,

(p) a joint or special planning board constituted for a National Park,

(q) a joint education board constituted under the provisions of Part I of the first Schedule to the Education Act 1944(4),

(r) a corporation established, or a group of individuals appointed to act together, for the specific purposes of meeting needs in the general interest, not having an industrial or commercial character, and—

(i) financed wholly or mainly by another contracting authority, or

(ii) subject to management supervision by another contracting authority, or

(iii) more than half of the board of directors or members of which, or, in the case of a group of individuals, more than half of those individuals, being appointed by another contracting authority,

(s) an association of or formed by one or more of the above, and

(t) to the extent not specified in sub-paragraphs (a) to (q) above, a GATT contracting authority.

(2) In the application of these Regulations to England and Wales, “local authority” in paragraph (1) above means—

(a) a county council, a county borough council, a district council, a London borough council, a parish council, a community council or the Council of the Isles of Scilly;

(b) the Common Council of the City of London in its capacity as local authority or police authority.

(3) In the application of these Regulations to Scotland, “local authority” in paragraph (1) above has the same meaning as in section 235(1) of the Local Government (Scotland) Act 1973 and also includes joint board or joint committee within the meaning of section 235(5).

(4) In the application of these Regulations to Northern Ireland, “local authority” in paragraph (1) above means a district council within the meaning of the Local Government Act (Northern Ireland) 1972(6).

(5) Where an entity specified in paragraph (1) above does not have the capacity to enter into a contract, the contracting authority in relation to that entity is a person whose function it is to enter into contracts for that entity.

(1)

1947 c. 41.

(2)

1964 c. 48 as amended by section 2 of the Police and Magistrates Court Act 1994 c. 29.

(3)

1985 c. 51.

(4)

1944 c. 31.

(5)

1973 c. 65.

(6)

1972 c. 9 (N.I.).