Procurement Act 2023
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Change 1
83D Code of practice on relevant outsourcing contracts
(1) An appropriate authority must prepare and publish a code of practice containing guidance to contracting authorities for the purpose of ensuring that, where a contracting authority carries out the procurement of a relevant outsourcing contract— (a) transferring workers of a description specified in the code are treated no less favourably as workers of the supplier or a sub-contractor than they were as workers of the contracting authority, and (b) workers of the supplier or a sub-contractor who are not transferring workers and are of a description specified in the code are treated no less favourably than those transferring workers. (2) An appropriate authority— (a) may amend or replace a code published by it under subsection (1), and (b) must publish any amended or replacement code. (3) A code published under subsection (1) or (2) must— (a) in the case of a code published by a Minister of the Crown, be laid before Parliament; (b) in the case of a code published by the Scottish Ministers, be laid before the Scottish Parliament; (c) in the case of a code published by the Welsh Ministers, be laid before Senedd Cymru. (4) In carrying out the procurement of a relevant outsourcing contract, the contracting authority must have regard to the code of practice for the time being published under subsection (1) or (2). (5) This section does not require an appropriate authority to do anything which the authority does not have power to do (see section 83A and Part 11).
83D Code of practice on relevant outsourcing contracts
(1) An appropriate authority must prepare and publish a code of practice containing guidance to contracting authorities for the purpose of ensuring that, where a contracting authority carries out the procurement of a relevant outsourcing contract— (a) transferring workers of a description specified in the code are treated no less favourably as workers of the supplier or a sub-contractor than they were as workers of the contracting authority, and (b) workers of the supplier or a sub-contractor who are not transferring workers and are of a description specified in the code are treated no less favourably than those transferring workers. (2) An appropriate authority— (a) may amend or replace a code published by it under subsection (1), and (b) must publish any amended or replacement code. (3) A code published under subsection (1) or (2) must— (a) in the case of a code published by a Minister of the Crown, be laid before Parliament; (b) in the case of a code published by the Scottish Ministers, be laid before the Scottish Parliament; (c) in the case of a code published by the Welsh Ministers, be laid before Senedd Cymru. (4) In carrying out the procurement of a relevant outsourcing contract, the contracting authority must have regard to the code of practice for the time being published under subsection (1) or (2). (5) This section does not require an appropriate authority to do anything which the authority does not have power to do (see section 83A and Part 11).
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