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Local Government: Contracts

Volume 470: debated on Thursday 17 January 2008

To ask the Secretary of State for Communities and Local Government if she will bring forward proposals to amend Part II (Public Supply or Works Contracts) of Chapter 9 of the Local Government Act 1988 to take account of the Government’s commitment to fairness in competitive tendering arrangements under the Transfer of Undertakings (Protection of Employment) Regulations. (179328)

When contracting in circumstances where the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) are to be applied, best value authorities are permitted to take into account relevant workforce matters.

The Local Government Best Value (Exclusion of Non-commercial Considerations) Order 2001 (SI 2001 No 909) made under Section 19 of the ‘Local Government Act 1999’ provides, in respect of best value authorities, for certain workforce matters set out in Part II of the Local Government Act 1988 to cease to be prohibited matters in the contractual process. This is to the extent that they are relevant to the achievement of best value and for the purposes of TUPE.