Section 114 Definitions relating to procurement arrangementsI1I2
United Kingdom
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—
in accordance with a framework or similar arrangement,
by reference to a dynamic market or similar arrangement, or
following a procedure or other selection process carried out—
jointly by two or more authorities, or
by a centralised procurement authority or equivalent body.
A procurement arrangement is a devolved Welsh procurement arrangement if—
the framework was awarded by a devolved Welsh authority,
the dynamic market was established by a devolved Welsh authority,
the centralised procurement authority is a devolved Welsh authority, or
a devolved Welsh authority is designated the lead authority in the tender or transparency notice.
A procurement arrangement is a transferred Northern Ireland procurement arrangement if—
the framework was awarded by a transferred Northern Ireland authority,
the dynamic market was established by a transferred Northern Ireland authority,
the centralised procurement authority is a transferred Northern Ireland authority, or
a transferred Northern Ireland authority is designated the lead authority in the tender or transparency notice.
A procurement arrangement is a devolved Scottish procurement arrangement if—
the framework or similar arrangement was awarded by a devolved Scottish authority,
the dynamic market or similar arrangement was established by a devolved Scottish authority,
the centralised procurement authority or equivalent body is a devolved Scottish authority, or
a devolved Scottish authority was designated the lead authority in respect of the procedure or selection process.
A procurement arrangement is a reserved procurement arrangement if it is not—
a devolved Welsh procurement arrangement,
a transferred Northern Ireland procurement arrangement, or
a devolved Scottish procurement arrangement.
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)