Construction Act 1996 amendments in force in Wales 1 October 2011 and power to disapply Construction Act 1996

Practical Law UK Legal Update 7-506-8133 (Approx. 3 pages)

Construction Act 1996 amendments in force in Wales 1 October 2011 and power to disapply Construction Act 1996

by PLC Construction

The Welsh government has published a commencement order, the Local Democracy, Economic Development and Construction Act 2009 (Commencement No. 1) (Wales) Order 2011 (SI 2011/1514), and confirmed that a second commencement order, the Local Democracy, Economic Development and Construction Act 2009 (Commencement No. 2) (Wales) Order 2011 is in train. The second commencement order will formally confirm that the effective date for changes to Part II of the Construction Act 1996 will be 1 October 2011 in Wales, the same as in England. (Free access.)

The Welsh Assembly Government (WAG) has published one commencement order, and confirmed that the formal process for a second order is underway. The two orders will confirm that the changes to the law governing payment and adjudication under construction contracts in Wales will come into force on 1 October 2011 (the effective date), at the same time as in England:

A decision report dated 28 June 2011, but only recently made available, confirms that the Welsh Minister for Environment and Sustainable Development has agreed to make the Local Democracy, Economic Development and Construction Act 2009 (Commencement No. 2) (Wales) Order 2011, which will confirm the effective date for the changes to Part II of the Housing Grants, Construction and Regeneration Act 1996 (Construction Act 1996) under Part 8 of the Local Democracy, Economic Development and Construction Act 2009 (LDEDC Act 2009) in Wales.
The Local Democracy, Economic Development and Construction Act 2009 (Commencement No. 1) (Wales) Order 2011 (SI 2011/1514) was made on 17 June 2011, and allows ministers to disapply part or all of Part II of the Construction Act 1996, under section 138 of the LDEDC Act 2009. (The Welsh government has already published a draft exclusion order, which will allow "pay when certified" and similar provisions in a construction sub-contract on a PFI project (see Legal update, Wales: draft amendments to the Scheme for Construction Contracts and exclusion order for PFI construction sub-contracts).)

These two commencement orders are the final pieces in the legislative jigsaw relating to the Construction Act changes. For more information, see Getting ready for the Construction Act 1996 changes.

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Also Found In

Resource ID 7-506-8133

Published on 11-Jul-2011

Resource Type Legal update: archive

Jurisdiction

Wales