The Local Authorities (Contracts) (Scotland) Regulations 1997

• Citation: S.I. 1997/2879
• Sections: 5

Section 1 Citation and commencement

These Regulations may be cited as the Local Authorities (Contracts) (Scotland) Regulations and shall come into force on 1st January 1998.

Section 2 Interpretation

In these Regulations–

“the 1973 Act ” means the Local Government (Scotland) Act 1973 ;

“auditor”, in relation to a local authority, means the person responsible for auditing the accounts of that authority under section 96(4) of the 1973 Act ;

“certificate” means a certificate issued by a local authority in satisfying the certification requirements in relation to a contract;

“local authority” means an authority specified in section 1(3)(d) of the Local Government (Contracts) Act 1997;

“monitoring officer”, in relation to a local authority, means the officer designated by that authority under section 5(1)(a) of the Local Government and Housing Act 1989 ;

“proper officer” has the same meaning as in section 235(3) of the 1973 Act.

Section 3 Copies of certificates

A local authority shall ensure that a copy of every certificate issued by them is given to–

(a) their auditor;

(b) their monitoring officer; and

(c) each of the persons with whom the authority have entered, or are to enter, into the contract in relation to which the certificate is issued.

Section 4 Signature of certificates

A local authority shall ensure that a certificate issued by them is signed by the proper officer.

Section 5 Matters to be dealt with in certificates

(1) Where, in relation to a contract, a local authority–

(a) states in a certificate that it had or has powers to enter into the contract; and

(b) specifies that the statutory provision, or one of the statutory provisions, conferring the power is section 69 of the 1973 Act,

the authority shall specify in the certificate each statutory provision conferring a relevant function, or, where there are two or more relevant functions, the statutory provisions conferring the main relevant functions.

(2) For the purposes of this regulation, in relation to a contract, a function is a relevant function if the contract is calculated to facilitate, or is conducive or incidental to, the discharge of the function.