OpenLegislation

Section 114 Definitions relating to procurement arrangementsI1I2

United Kingdom

(1)

In this Act, a reference to a procurement under a procurement arrangement is a reference to a procurement as part of which the contract is awarded—

(a)

in accordance with a framework or similar arrangement,

(b)

by reference to a dynamic market or similar arrangement, or

(c)

following a procedure or other selection process carried out—

(i)

jointly by two or more authorities, or

(ii)

by a centralised procurement authority or equivalent body.

(2)

A procurement arrangement is a devolved Welsh procurement arrangement if—

(a)

the framework was awarded by a devolved Welsh authority,

(b)

the dynamic market was established by a devolved Welsh authority,

(c)

the centralised procurement authority is a devolved Welsh authority, or

(d)

a devolved Welsh authority is designated the lead authority in the tender or transparency notice.

(3)

A procurement arrangement is a transferred Northern Ireland procurement arrangement if—

(a)

the framework was awarded by a transferred Northern Ireland authority,

(b)

the dynamic market was established by a transferred Northern Ireland authority,

(c)

the centralised procurement authority is a transferred Northern Ireland authority, or

(d)

a transferred Northern Ireland authority is designated the lead authority in the tender or transparency notice.

(4)

A procurement arrangement is a devolved Scottish procurement arrangement if—

(a)

the framework or similar arrangement was awarded by a devolved Scottish authority,

(b)

the dynamic market or similar arrangement was established by a devolved Scottish authority,

(c)

the centralised procurement authority or equivalent body is a devolved Scottish authority, or

(d)

a devolved Scottish authority was designated the lead authority in respect of the procedure or selection process.

(5)

A procurement arrangement is a reserved procurement arrangement if it is not—

(a)

a devolved Welsh procurement arrangement,

(b)

a transferred Northern Ireland procurement arrangement, or

(c)

a devolved Scottish procurement arrangement.

(6)

In this section—

  • “equivalent body” means, in relation to a centralised procurement authority, a body carrying out functions of a kind described in section 1(4) (centralised procurement authorities);

  • “framework” includes a framework agreement within the meaning given in Scottish procurement legislation;

  • “similar arrangement” includes, in relation to a dynamic market, a dynamic purchasing or qualification system.

Annotations

Commencement

I1

S. 114 not in force at Royal Assent, see s. 127(2)

I2

S. 114 in force at 12.3.2024 by S.I. 2024/361, reg. 2(o)