Procurement Act 2023

114 Definitions relating to procurement arrangements U.K.

(1) In this Act, a reference to a procurement under a procurement arrangement is a reference to a procurement as part of which the contract is awarded—

(a) in accordance with a framework or similar arrangement,

(b) by reference to a dynamic market or similar arrangement, or

(c) following a procedure or other selection process carried out—

(i) jointly by two or more authorities, or

(ii) by a centralised procurement authority or equivalent body.

(2) A procurement arrangement is a devolved Welsh procurement arrangement if—

(a) the framework was awarded by a devolved Welsh authority,

(b) the dynamic market was established by a devolved Welsh authority,

(c) the centralised procurement authority is a devolved Welsh authority, or

(d) a devolved Welsh authority is designated the lead authority in the tender or transparency notice.

(3) A procurement arrangement is a transferred Northern Ireland procurement arrangement if—

(a) the framework was awarded by a transferred Northern Ireland authority,

(b) the dynamic market was established by a transferred Northern Ireland authority,

(c) the centralised procurement authority is a transferred Northern Ireland authority, or

(d) a transferred Northern Ireland authority is designated the lead authority in the tender or transparency notice.

(4) A procurement arrangement is a devolved Scottish procurement arrangement if—

(a) the framework or similar arrangement was awarded by a devolved Scottish authority,

(b) the dynamic market or similar arrangement was established by a devolved Scottish authority,

(c) the centralised procurement authority or equivalent body is a devolved Scottish authority, or

(d) a devolved Scottish authority was designated the lead authority in respect of the procedure or selection process.

(5) A procurement arrangement is a reserved procurement arrangement if it is not—

(a) a devolved Welsh procurement arrangement,

(b) a transferred Northern Ireland procurement arrangement, or

(c) a devolved Scottish procurement arrangement.

(6) In this section—

• “equivalent body” means, in relation to a centralised procurement authority, a body carrying out functions of a kind described in section 1(4) (centralised procurement authorities);

• “framework” includes a framework agreement within the meaning given in Scottish procurement legislation;

• “similar arrangement” includes, in relation to a dynamic market, a dynamic purchasing or qualification system.

Commencement Information

I1 S. 114 not in force at Royal Assent, see s. 127(2)

I2 S. 114 in force at 12.3.2024 by S.I. 2024/361, reg. 2(o)