Regulation 23 Amendment of the Branded Health Service Medicines (Costs) Regulations 2018

in the definition of “contracting authority”, after “has the meaning given to it by” insert “section 2(1)(a) of the Procurement Act 2023 (but as if section 2(5)(b), and the reference to paragraph (b) in section 2(5)(d)(ii), were omitted),”;

for the definition of “framework agreement”, substitute—

• ““framework agreement” means—

  1. (a)

     a framework as defined in section 45(2) of the Procurement Act 2023, where the framework was awarded under that Act;

  2. (b)

     a framework agreement as defined in—

     1. (i)

        regulation 2 of the Public Contracts Regulations 2006,

     2. (ii)

        regulation 2 of the Public Contracts (Scotland) Regulations 2012,

     3. (iii)

        regulation 33(2) of the Public Contracts Regulations 2015, or

     4. (iv)

        regulation 2 of the Public Contracts (Scotland) Regulations 2015,

     where the relevant agreement was concluded under those regulations;”;

for the definition of “public contract”, substitute—

• ““public contract” means—

  1. (a)

     a contract of a kind specified in section 3(2) of the Procurement Act 2023, where the contract was awarded under that Act;

  2. (b)

     a public contract as defined in—

     1. (i)

        regulation 2 of the Public Contracts Regulations 2006,

     2. (ii)

        regulation 2 of the Public Contracts (Scotland) Regulations 2012,

     3. (iii)

        regulation 2 of the Public Contracts Regulations 2015, or

     4. (iv)

        regulation 2 of the Public Contracts (Scotland) Regulations 2015,

     where the relevant contract was awarded under those regulations;”.