Procurement Act 2023
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Change 1
89 Treaty state suppliers
(1) In this Act, a “treaty state supplier” means a supplier that is entitled to the benefits of an international agreement specified in Schedule 9. (2) But a supplier is a treaty state supplier only to the extent that it is entitled to the benefits of an international agreement specified in Schedule 9 in relation to the procurement being— (a) carried out, or (b) challenged. (3) An appropriate authority may by regulations amend Schedule 9 for the purpose of— (a) specifying an international agreement to which the United Kingdom is a signatory, or (b) removing, or amending a reference to, an international agreement. (4) In subsection (3)(a), the reference to being a signatory to an international agreement includes a reference to having— (a) exchanged instruments, where the exchange constitutes the agreement; (b) acceded to the agreement. (5) In this Part a reference to a supplier being entitled to the benefits of a treaty includes a reference to a supplier being entitled by virtue of the place of origin of goods, services or works supplied. (6) In this Act— (a) a reference to a treaty state supplier does not include a reference to a supplier that is entitled to the benefits of an international agreement only by reference to the United Kingdom being party to that agreement; (b) a reference to a state or territory being party to an agreement includes a reference to a state or territory being part of an organisation of states or territories that is party to an agreement.
89 Treaty state suppliers
(1) In this Act, a “treaty state supplier” means a supplier that is entitled to the benefits of an international agreement specified in Schedule 9. (2) But a supplier is a treaty state supplier only to the extent that it is entitled to the benefits of an international agreement specified in Schedule 9 in relation to the procurement being— (a) carried out, or (b) challenged. (3) An appropriate authority may by regulations amend Schedule 9 for the purpose of— (a) specifying an international agreement to which the United Kingdom is a signatory, or (b) removing, or amending a reference to, an international agreement. (4) In subsection (3)(a), the reference to being a signatory to an international agreement includes a reference to having— (a) exchanged instruments, where the exchange constitutes the agreement; (b) acceded to the agreement. (5) In this Part a reference to a supplier being entitled to the benefits of a treaty includes a reference to a supplier being entitled by virtue of the place of origin of goods, services or works supplied. (6) In this Act— (a) a reference to a treaty state supplier does not include a reference to a supplier that is entitled to the benefits of an international agreement only by reference to the United Kingdom being party to that agreement; (b) a reference to a state or territory being party to an agreement includes a reference to a state or territory being part of an organisation of states or territories that is party to an agreement.
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