Procurement Act 2023
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Change 1
114 Definitions relating to procurement arrangements
(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.
114 Definitions relating to procurement arrangements
(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.
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