OpenLegislation

Section 112 Northern Ireland department: restrictions on the exercise of powersI1I2

United Kingdom

(1)

A Northern Ireland department may only exercise a power under this Act for the purpose of regulating—

(a)

contracting authorities that are transferred Northern Ireland authorities,

(b)

contracting authorities that are public undertakings or private utilities that—

(i)

are not transferred Northern Ireland authorities, but

(ii)

for the purposes of this Act, are to be treated as transferred Northern Ireland authorities, or

(c)

procurement under a transferred Northern Ireland procurement arrangement.

(2)

For the purposes of this section, an authority is a “transferred Northern Ireland authority” if its functions—

(a)

are exercisable only in or as regards Northern Ireland, and

(b)

are wholly or mainly functions that do not relate to reserved or excepted matters (within the meaning given by the Northern Ireland Act 1998).

(3)

A contracting authority that is a public undertaking or private utility is to be treated as a transferred Northern Ireland authority for the purposes of this Act if—

(a)

it operates only in or as regards Northern Ireland, and

(b)

its activities are wholly or mainly activities that do not relate to reserved or excepted matters.

(4)

Other than in this section, a reference in this Act to a transferred Northern Ireland authority includes a reference to an authority that is to be treated as a transferred Northern Ireland authority for the purposes of this Act.

(5)

Subsection (1) does not apply in relation to a power under sections 59 to 66 (debarment).

Annotations

Commencement

I1

S. 112 not in force at Royal Assent, see s. 127(2)

I2

S. 112 in force at 24.2.2025 by S.I. 2024/716, Sch. (as amended by S.I. 2024/959, regs. 1(2), 2(7)(a))