{
  "url": "https://openlegislation.uk/procurement-miscellaneous-amendments-wales-regulations-2025/regulation-6",
  "json_url": "https://openlegislation.uk/procurement-miscellaneous-amendments-wales-regulations-2025/regulation-6.json",
  "legislation": "wsi/2025/181",
  "legislation_title": "The Procurement (Miscellaneous Amendments) (Wales) Regulations 2025",
  "legislation_url": "https://openlegislation.uk/procurement-miscellaneous-amendments-wales-regulations-2025",
  "path": "regulation/6",
  "kind": "regulation",
  "number": "6",
  "heading": "Amendments to Part 3 of the 2024 Regulations",
  "text": "After regulation 45 (meaning of “works” in paragraph 5(1) of Schedule 1 to the 2023 Act), insert—\n“Exempt contracts: affiliated persons’ calculations\n45A. (1) For the purposes of the turnover test in paragraph 6(3) of Schedule 2 to the 2023 Act, an affiliated person’s—\n(a) affiliated turnover amount is to be calculated using their entire affiliated turnover amount generated over the relevant period, and\n(b) total turnover amount is to be calculated using their entire total turnover amount generated over the relevant period.\n(2) Where an affiliated person’s affiliated turnover amount or total turnover amount is not available for the entirety of the relevant period because the affiliated person was created or commenced their activities following the beginning of the relevant period, the affiliated turnover amount and total turnover amount is to be calculated in accordance with paragraph (3).\n(3) An affiliated person’s affiliated turnover amount and total turnover amount is to be calculated—\n(a) where there has been no turnover during the relevant period, using credible business projections for a three-year period, starting from the date of contract award;\n(b) in any other case, using—\n(i) any affiliated turnover or total turnover, as the case may be, generated during the relevant period, and\n(ii) credible business projections, starting from the date of contract award, for such part of the three-year period as are not covered by paragraph (i).\n(4) In calculating the affiliated turnover amount and total turnover amount in relation to a person (“A”), the equivalent turnover of a person who is an affiliated person in relation to A, but is not the utility, is to be treated as part of A’s turnover.\n(5) In this regulation—\n“equivalent turnover” (“trosiant cyfwerth”) means—\n(a) where the turnover test is being applied in respect of a utilities contract for the supply of goods, in respect of—\n(i) the affiliated turnover amount, turnover deriving from the supply of goods to the utility or other persons affiliated with the utility;\n(ii) the total turnover amount, the total turnover deriving from the supply of goods,\nwhere, for the purposes of paragraph (i), those goods are the same or similar to the goods A supplies to the utility or other persons affiliated with the utility and are supplied over the relevant period or, where A’s turnover has been calculated in accordance with paragraph (3), a corresponding three-year period;\n(b) where the turnover test is being applied in respect of a utilities contract for the supply of services, in respect of—\n(i) the affiliated turnover amount, turnover deriving from the supply of services to the utility or other persons affiliated with the utility;\n(ii) the total turnover amount, the total turnover deriving from the supply of services,\nwhere, for the purposes of paragraph (i), those services are the same or similar to the services A supplies to the utility or other persons affiliated with the utility and are supplied over the relevant period or, where A’s turnover has been calculated in accordance with paragraph (3), a corresponding three-year period;\n(c) where the turnover test is being applied in respect of a utilities contract for the supply of works, in respect of—\n(i) the affiliated turnover amount, turnover deriving from the supply of works to the utility or other persons affiliated with the utility;\n(ii) the total turnover amount, the total turnover deriving from the supply of works,\nwhere, for the purposes of paragraph (i), those works are the same or similar to the works A supplies to the utility or other persons affiliated with the utility and are supplied over the relevant period or, where A’s turnover has been calculated in accordance with paragraph (3), a corresponding three-year period;\n“relevant period” (“cyfnod perthnasol”) means either—\n(a) the period of three years ending with the date of contract award, or\n(b) where information relating to turnover for the period in sub-paragraph (a) is not available, a three-year period corresponding with the accounting periods of the affiliated person, ending not earlier than one year before the date of contract award.\nGas or heat operator calculations\n45B. (1) For the purposes of paragraph 1(2)(c) of Schedule 4 to the 2023 Act—\n(a) the amount of gas or heat supplied to the network is to be calculated using the total turnover generated by the supply of gas or heat by the operator to the network (“network turnover”) during the relevant period, and\n(b) the operator’s turnover amount is to be calculated using the operator’s total turnover during the relevant period.\n(2) Where an operator’s network turnover or total turnover is not available for the entirety of the relevant period because the operator was created or commenced their activities after the beginning of the relevant period, turnover is to be calculated in accordance with paragraph (3).\n(3) An operator’s network turnover and total turnover is to be calculated—\n(a) where there has been no turnover during the relevant period, using credible business projections for a three-year period starting from the date of contract award;\n(b) in any other case, using—\n(i) any network turnover or total turnover, as the case may be, generated during the relevant period, and\n(ii) credible business projections, starting from the date of contract award, for such part of the three-year period as are not covered by paragraph (i).\n(4) In this regulation—\n“quarter” (“chwarter”) means a period of three months beginning with 1 January, 1 April, 1 July or 1 October in any given year;\n“relevant period” (“cyfnod perthnasol”) means either—\n(a) the period of three years ending with the date of contract award, or\n(b) where information relating to gas and heat supplied to the network or turnover for the period in sub-paragraph (a) is not available, a three-year period corresponding with the accounting periods of the operator, ending with the last quarter before the date of contract award for which the operator has such information available.\nElectricity operator calculations\n45C. (1) For the purposes of paragraph 2(2)(d) of Schedule 4 to the 2023 Act—\n(a) the amount of electricity supplied to the network is to be calculated using the total amount of electricity supplied by the operator to the network during the relevant period, and\n(b) the amount of energy produced by the operator is to be calculated using the total amount of energy produced by the operator during the relevant period.\n(2) Where the amount of electricity supplied by the operator to the network, or the amount of energy produced by the operator, is not available for the entirety of the relevant period because the operator was created or commenced their activities after the beginning of the relevant period, the amount of electricity supplied by the operator to the network and the amount of energy produced by the operator is to be calculated in accordance with paragraph (3).\n(3) The amount of electricity supplied by the operator to the network and the amount of energy produced by the operator is to be calculated—\n(a) where there has been no electricity supplied or energy produced during the relevant period, using credible business projections for a three-year period starting from the date of contract award;\n(b) in any other case, using—\n(i) any electricity supplied to the network or energy produced, as the case may be, during the relevant period, and\n(ii) credible business projections, starting from the date of contract award, for such part of the three-year period as are not covered by paragraph (i).\n(4) In this regulation—\n“quarter” (“chwarter”) means a period of three months beginning with 1 January, 1 April, 1 July or 1 October in any given year;\n“relevant period” (“cyfnod perthnasol”) means either—\n(a) the period of three years ending with the date of contract award, or\n(b) where information relating to electricity supplied or energy produced for the period in sub-paragraph (a) is not available, a three-year period corresponding with the accounting periods of the operator, ending with the last quarter before the date of contract award for which the operator has such information available.\nWater operator calculations\n45D. (1) For the purposes of paragraph 3(4)(d) of Schedule 4 to the 2023 Act—\n(a) the amount of drinking water supplied to the network is to be calculated using the total amount of drinking water supplied by the operator to the network during the relevant period, and\n(b) the amount of drinking water produced by the operator is to be calculated using the total amount of drinking water produced by the operator during the relevant period.\n(2) Where the amount of drinking water supplied by the operator to the network or the amount of drinking water produced by the operator is not available for the entirety of the relevant period because the operator was created or commenced their activities after the beginning of the relevant period, the amount of drinking water supplied and the amount of drinking water produced is to be calculated in accordance with paragraph (3).\n(3) The amount of drinking water supplied by the operator to the network and the amount of drinking water produced by the operator is to be calculated—\n(a) where there has been no drinking water supplied or produced during the relevant period, using credible business projections for a three-year period starting from the date of contract award;\n(b) in any other case, using—\n(i) any drinking water supplied to the network or drinking water produced, as the case may be, during the relevant period, and\n(ii) credible business projections, starting from the date of contract award, for such part of the three-year period as are not covered by paragraph (i).\n(4) In this regulation—\n“quarter” (“chwarter”) means a period of three months beginning with 1 January, 1 April, 1 July or 1 October in any given year;\n“relevant period” (“cyfnod perthnasol”) means either—\n(a) the period of three years ending with the date of contract award, or\n(b) where information relating to drinking water supplied or produced for the period in sub-paragraph (a) is not available, a three-year period corresponding with the accounting periods of the operator, ending with the last quarter before the date of contract award for which the operator has such information available.”",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "See paragraph 6(3) of Schedule 2 to the 2023 Act for the definition of “affiliated turnover amount”."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "See paragraph 6(2) of Schedule 2 to the 2023 Act for the definition of “affiliated person”."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "See section 35(4) of the 2023 Act for the definition of “utility”."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2025/181/regulation/6",
    "retrieved_at": "2026-10-28T22:58:30.365606+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}