OpenLegislation

Section 113 Minister of the Crown: restrictions on the exercise of powersI1I2

United Kingdom

(1)

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)

a reserved procurement arrangement, or

(b)

a transferred Northern Ireland procurement arrangement.

(2)

Subsection (1) does not apply in relation to a power under section 67 (electronic invoicing) or 110 (guidance following procurement investigation).

(3)

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)

a reserved procurement arrangement, or

(b)

a transferred Northern Ireland procurement arrangement.

(4)

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)

a reserved procurement arrangement, or

(b)

a devolved Welsh procurement arrangement.

(5)

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)

a reserved procurement arrangement, or

(b)

a devolved Welsh procurement arrangement.

(6)

Subsections (1) and (4) do not apply in relation to a power under—

(a)

sections 59 to 66 (debarment);

(b)

section 89 (treaty state suppliers);

(c)

section 91 (non-discrimination in Scotland);

(d)

section 92 (trade disputes);

(e)

section 125 (power to make consequential, etc, provision);

(f)

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)