Section 113 Minister of the Crown: restrictions on the exercise of powersI1I2
United Kingdom
A Minister of the Crown may exercise a power under this Act for the purpose of regulating a contracting authority that is a devolved Welsh authority only in relation to procurement under—
a reserved procurement arrangement, or
a transferred Northern Ireland procurement arrangement.
Subsection (1) does not apply in relation to a power under section 67 (electronic invoicing) or 110 (guidance following procurement investigation).
A Minister of the Crown may not make regulations under section 67 or section 125, or publish guidance under section 110, for the purpose of regulating a devolved Welsh authority without the consent of the Welsh Ministers, unless the regulations relate to, or the guidance relates to, procurement under—
a reserved procurement arrangement, or
a transferred Northern Ireland procurement arrangement.
A Minister of the Crown may not make regulations under this Act for the purpose of regulating a transferred Northern Ireland authority without the consent of a Northern Ireland department, unless the regulations relate to procurement under—
a reserved procurement arrangement, or
a devolved Welsh procurement arrangement.
A Minister of the Crown may not publish guidance under section 110 for the purpose of regulating a Northern Ireland department without the consent of a Northern Ireland department, unless the guidance relates to procurement under—
a reserved procurement arrangement, or
a devolved Welsh procurement arrangement.
Subsections (1) and (4) do not apply in relation to a power under—
sections 59 to 66 (debarment);
section 89 (treaty state suppliers);
section 91 (non-discrimination in Scotland);
section 92 (trade disputes);
section 125 (power to make consequential, etc, provision);
section 127 (commencement).
Annotations
Commencement
- I1
S. 113 not in force at Royal Assent, see s. 127(2)
- I2
S. 113 in force at 12.3.2024 by S.I. 2024/361, reg. 2(n)