Procurement Act 2023
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Change 1
83A Application of this Part
(1) This Part provides for a Minister of the Crown, the Scottish Ministers and the Welsh Ministers to make provision for the protection of workers in relation to relevant outsourcing contracts (see section 83B). (2) Accordingly, in this Part, “appropriate authority”— (a) means— (i) a Minister of the Crown, (ii) the Scottish Ministers, or (iii) the Welsh Ministers, and (b) does not include a Northern Ireland department. (3) In addition to the restrictions in section 113, a Minister of the Crown— (a) may exercise a power under this Part for the purpose of regulating devolved Scottish authorities only in relation to joint or centralised procurement under a reserved procurement arrangement; (b) may not exercise a power under this Part for the purpose of regulating joint or centralised procurement under a devolved Scottish procurement arrangement. (4) The Scottish Ministers— (a) may only exercise a power under this Part for the purpose of regulating— (i) devolved Scottish authorities, or (ii) procurement under a devolved Scottish procurement arrangement; (b) may not exercise a power under this Part for the purpose of regulating— (i) joint or centralised procurement under a reserved procurement arrangement, or (ii) joint or centralised procurement under a devolved Welsh procurement arrangement. (5) In addition to the restrictions in section 111, the Welsh Ministers— (a) may exercise a power under this Part for the purpose of regulating devolved Scottish authorities only in relation to joint or centralised procurement under a devolved Welsh procurement arrangement; (b) may not exercise a power under this Part for the purpose of regulating joint or centralised procurement under a devolved Scottish procurement arrangement. (6) This Part does not apply in relation to— (a) a private utility; (b) a person referred to in regulation 4(1)(b) of the Utilities Contracts (Scotland) Regulations 2016 (S.S.I. 2016/49); (c) a devolved Welsh authority listed in Schedule 1 of the Social Partnership and Public Procurement (Wales) Act 2023 (asc 1); (d) procurement under a transferred Northern Ireland procurement arrangement, except to the extent that the procurement— (i) is carried out by a devolved Scottish authority, and (ii) is not joint or centralised; (e) a transferred Northern Ireland authority, except in relation to— (i) procurement under a reserved procurement arrangement, (ii) procurement under a devolved Scottish procurement arrangement, or (iii) procurement under a devolved Welsh procurement arrangement. (7) For the purposes of this section, procurement under a procurement arrangement is “joint or centralised” if as part of that procurement arrangement a contract is to be awarded following a procedure or other selection process carried out— (a) jointly by a devolved Scottish authority and another contracting authority which is not a devolved Scottish authority, or (b) by a centralised procurement authority or equivalent body.
83A Application of this Part
(1) This Part provides for a Minister of the Crown, the Scottish Ministers and the Welsh Ministers to make provision for the protection of workers in relation to relevant outsourcing contracts (see section 83B). (2) Accordingly, in this Part, “appropriate authority”— (a) means— (i) a Minister of the Crown, (ii) the Scottish Ministers, or (iii) the Welsh Ministers, and (b) does not include a Northern Ireland department. (3) In addition to the restrictions in section 113, a Minister of the Crown— (a) may exercise a power under this Part for the purpose of regulating devolved Scottish authorities only in relation to joint or centralised procurement under a reserved procurement arrangement; (b) may not exercise a power under this Part for the purpose of regulating joint or centralised procurement under a devolved Scottish procurement arrangement. (4) The Scottish Ministers— (a) may only exercise a power under this Part for the purpose of regulating— (i) devolved Scottish authorities, or (ii) procurement under a devolved Scottish procurement arrangement; (b) may not exercise a power under this Part for the purpose of regulating— (i) joint or centralised procurement under a reserved procurement arrangement, or (ii) joint or centralised procurement under a devolved Welsh procurement arrangement. (5) In addition to the restrictions in section 111, the Welsh Ministers— (a) may exercise a power under this Part for the purpose of regulating devolved Scottish authorities only in relation to joint or centralised procurement under a devolved Welsh procurement arrangement; (b) may not exercise a power under this Part for the purpose of regulating joint or centralised procurement under a devolved Scottish procurement arrangement. (6) This Part does not apply in relation to— (a) a private utility; (b) a person referred to in regulation 4(1)(b) of the Utilities Contracts (Scotland) Regulations 2016 (S.S.I. 2016/49); (c) a devolved Welsh authority listed in Schedule 1 of the Social Partnership and Public Procurement (Wales) Act 2023 (asc 1); (d) procurement under a transferred Northern Ireland procurement arrangement, except to the extent that the procurement— (i) is carried out by a devolved Scottish authority, and (ii) is not joint or centralised; (e) a transferred Northern Ireland authority, except in relation to— (i) procurement under a reserved procurement arrangement, (ii) procurement under a devolved Scottish procurement arrangement, or (iii) procurement under a devolved Welsh procurement arrangement. (7) For the purposes of this section, procurement under a procurement arrangement is “joint or centralised” if as part of that procurement arrangement a contract is to be awarded following a procedure or other selection process carried out— (a) jointly by a devolved Scottish authority and another contracting authority which is not a devolved Scottish authority, or (b) by a centralised procurement authority or equivalent body.
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