1.—(1) Where [F1the Authority] has entered into a contract, the contract shall, if it is a certified contract, have effect (and be deemed always to have had effect) as if [F1the Authority] had had power to enter into it (and had exercised that power properly in entering into it).N.I.
(2) For the purposes of this Schedule a contract entered into by [F1the Authority] is a certified contract if (and, subject to sub-paragraphs (3) and (4), only if) the certification requirements have been satisfied by [F1the Authority] with respect to the contract and they were so satisfied before the end of the certification period.
(3) A contract entered into by [F1the Authority] shall be treated as a certified contract during the certification period if the contract provides that the certification requirements are intended to be satisfied by [F1the Authority] with respect to the contract before the end of that period.
(4) Where [F1the Authority] has entered into a contract which is a certified contract ( “the existing contract”) and the existing contract is replaced by a contract entered into by it with a person or persons not identical with the person or persons with whom it entered into the existing contract, the replacement contract is also a certified contract if—
(a)the period for which it operates or is intended to operate ends at the same time as the period for which the existing contract was to operate; and
(b)apart from that, its provisions are the same as those of the existing contract.
(5) Subject to sub-paragraph (6), in this Schedule “the certification period”, in relation to a contract entered into by [F1the Authority], means the period of 6 weeks beginning with the day on which [F1the Authority] entered into the contract.
(6) In relation to a contract entered into before the day on which this paragraph comes into operation, “the certification period” means the period of 6 weeks beginning with that day.
(7) Sub-paragraph (1) is subject to paragraph 3 (special provisions about judicial reviews).
(8) The application of sub-paragraph (1) in relation to a contract entered into by [F1the Authority] does not affect any claim for damages made by a person who is not (and has never been) a party to the contract in respect of a breach by [F1the Authority] of any duty to do, or not to do, something before entering into the contract (including, in particular, any such duty imposed by a statutory provision for giving effect to any Community obligation relating to public procurement. F2...
F1Words in Order substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 1(1)(a) (with Sch. 2 para. 4(3), Sch. 3 para. 1(2)); S.R. 2015/35, art. 2(b)
F2Words in Sch. 4 para. 1(8) repealed (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 4 (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)