Local Government Act 2002

  • not the latest version
107 Policy on partnerships with private sector
  • (1) A policy adopted under section 102(4)(e)

    • (a) must state the local authority's policies in respect of the commitment of local authority resources to partnerships between the local authority and the private sector; and

    • (b) must include—

      • (i) the circumstances (if any) in which the local authority will provide funding or other resources to any form of partnership with the private sector, whether by way of grant, loan, or investment, or by way of acting as a guarantor for any such partnership; and

      • (ii) what consultation the local authority will undertake in respect of any proposal to provide funding or other resources to any form of partnership with the private sector; and

      • (iii) what conditions, if any, the local authority will impose before providing funding or other resources to any form of partnership with the private sector; and

      • (iv) an outline of how risks associated with any such provision of funding or other resources are assessed and managed; and

      • (v) an outline of the procedures by which any such provision of funding or other resources will be monitored and reported on to the local authority; and

      • (vi) an outline of how the local authority will assess, monitor, and report on the extent to which community outcomes are furthered by any provision of funding or other resources or a partnership with the private sector.

    (2) In this section, partnership with the private sector means any arrangement or agreement that is entered into between 1 or more local authorities and 1 or more persons engaged in business; but does not include—

    • (a) any such arrangement or agreement to which the only parties are—

      • (i) local authorities; or

      • (ii) 1 or more local authorities and 1 or more council-controlled organisations; or

    • (b) a contract for the supply of any goods or services to, by, or on behalf of, a local authority.

    Section 107(2)(a)(ii): amended, on 28 June 2006, by section 11(1) of the Local Government Act 2002 Amendment Act 2006 (2006 No 26).

    Section 107(2)(b): amended, on 28 June 2006, by section 11(2) of the Local Government Act 2002 Amendment Act 2006 (2006 No 26).