# Procurement Act 2023, Section 113: Minister of the Crown: restrictions on the exercise of powers

Extent: E+W+S+N.I.

(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).

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Source: https://www.legislation.gov.uk/ukpga/2023/54/section/113 (the official version)
Page: https://openlegislation.uk/procurement-act-2023/section-113
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.