Procurement Act 2023

111 Welsh Ministers: restrictions on the exercise of powers

(1) The Welsh Ministers may only exercise a power under this Act for the purpose of regulating—

(a) contracting authorities that are devolved Welsh authorities (within the meaning given in section 157A of the Government of Wales Act 2006),

(b) contracting authorities that—

(i) are not devolved Welsh authorities, but

(ii) for the purposes of this Act, are to be treated as devolved Welsh authorities, or

(c) procurement under a devolved Welsh procurement arrangement.

(2) A contracting authority that is a public undertaking or private utility is to be treated as a devolved Welsh authority for the purposes of this Act if—

(a) it operates wholly or mainly in relation to Wales, and

(b) its activities are wholly or mainly activities that do not relate to reserved matters.

(3) Otherwise, a contracting authority is to be treated as a devolved Welsh authority for the purposes of this Act if the authority’s functions—

(a) are exercisable wholly or mainly in relation to Wales, and

(b) are wholly or mainly functions that do not relate to reserved matters.

(4) Other than in this section and section 127 (commencement), a reference in this Act to a devolved Welsh authority includes a reference to an authority that is to be treated as a devolved Welsh authority for the purposes of this Act.

(5) Subsection (1) does not apply in relation to a power under sections 59 to 66 (debarment).

(6) In this section—

• “reserved matters” has the meaning given in the Government of Wales Act 2006;

• “Wales” has the meaning given in section 158 of the Government of Wales Act 2006 (when read by reference to section 157A(9) of that Act).