The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025
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Change 1
9 Amendment of the Occupational Pension Schemes (Scheme Administration) Regulations 1996
(1) The Occupational Pension Schemes (Scheme Administration) Regulations 1996 are amended as follows. (2) In the Schedule (duties of trustees of relevant trust schemes in connection with provision of FM services)— (a) in paragraph 2 (general interpretation), in the definition of “relevant tender process”— (i) omit the “or” after sub-paragraph (c); (ii) after sub-paragraph (d), insert— , or (e) where the trustees are a contracting authority for the purposes of the Procurement Act 2023, a procurement carried out in accordance with that Act ; (b) in paragraph 7 (duty of trustees to carry out a qualifying tender process in connection with continued use of continuing in-scope FM providers), after sub-paragraph (2)(b)(iv), insert— ; (v) where the trustees are a contracting authority for the purposes of the Procurement Act 2023, any arrangements made with an FM provider who was appointed as a result of a procurement carried out in accordance with that Act ; (c) in paragraph 8 (duty of trustees of a relevant scheme to carry out a qualifying tender process in connection with appointment, or change to the mandate, of an in-scope FM provider)— (i) in sub-paragraph (3)(b), after “purposes of” insert “the Procurement Act 2023 (“the Procurement Act”),”; (ii) in sub-paragraphs (4)(a), (4)(b) and (4)(c)(ii), before “the PC Regulations” insert “the Procurement Act,”.
9 Amendment of the Occupational Pension Schemes (Scheme Administration) Regulations 1996
(1) The Occupational Pension Schemes (Scheme Administration) Regulations 1996 are amended as follows. (2) In the Schedule (duties of trustees of relevant trust schemes in connection with provision of FM services)— (a) in paragraph 2 (general interpretation), in the definition of “relevant tender process”— (i) omit the “or” after sub-paragraph (c); (ii) after sub-paragraph (d), insert— , or (e) where the trustees are a contracting authority for the purposes of the Procurement Act 2023, a procurement carried out in accordance with that Act ; (b) in paragraph 7 (duty of trustees to carry out a qualifying tender process in connection with continued use of continuing in-scope FM providers), after sub-paragraph (2)(b)(iv), insert— ; (v) where the trustees are a contracting authority for the purposes of the Procurement Act 2023, any arrangements made with an FM provider who was appointed as a result of a procurement carried out in accordance with that Act ; (c) in paragraph 8 (duty of trustees of a relevant scheme to carry out a qualifying tender process in connection with appointment, or change to the mandate, of an in-scope FM provider)— (i) in sub-paragraph (3)(b), after “purposes of” insert “the Procurement Act 2023 (“the Procurement Act”),”; (ii) in sub-paragraphs (4)(a), (4)(b) and (4)(c)(ii), before “the PC Regulations” insert “the Procurement Act,”.
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