{
  "url": "https://openlegislation.uk/procurement-wales-regulations-2024/regulation-45A",
  "json_url": "https://openlegislation.uk/procurement-wales-regulations-2024/regulation-45A.json",
  "legislation": "wsi/2024/782",
  "legislation_title": "The Procurement (Wales) Regulations 2024",
  "legislation_url": "https://openlegislation.uk/procurement-wales-regulations-2024",
  "path": "regulation/45A",
  "kind": "regulation",
  "number": "45A",
  "heading": "Exempt contracts: affiliated persons’ calculations",
  "text": "(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.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Regs. 45A-45D inserted (24.2.2025) by The Procurement (Miscellaneous Amendments) (Wales) Regulations 2025 (S.I. 2025/181), regs. 1(2), 6"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2024/782/regulation/45A",
    "retrieved_at": "2026-10-28T23:00:26.253638+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."
}