Procurement Act 2023

Prospective

108 Procurement investigations U.K.

(1) An appropriate authority may investigate a relevant contracting authority’s compliance with requirements of this Act.

(2) An appropriate authority conducting a procurement investigation may by notice require a relevant contracting authority—

(a) to provide such relevant documents as the appropriate authority may reasonably require for the purposes of the procurement investigation, in the form or manner specified in the notice;

(b) to give such other assistance in connection with the procurement investigation as is reasonable in the circumstances and is specified in the notice.

(3) The relevant contracting authority must comply with a notice under subsection (2) before the end of—

(a) the period specified in the notice (which must be at least 30 days beginning with the day on which the notice is given), or

(b) such longer period as the appropriate authority may agree to.

(4) The appropriate authority may publish the results of a procurement investigation, including any section 109 recommendation issued.

(5) In this section—

• “procurement investigation” means an investigation under subsection (1);

• “relevant contracting authority” means a contracting authority other than—

  (a)

  a Minister of the Crown or a government department;

  (b)

  the Welsh Ministers;

  (c)

  a Northern Ireland department;

  (d)

  the Corporate Officer of the House of Commons;

  (e)

  the Corporate Officer of the House of Lords;

  (f)

  the Senedd Commission;

  (g)

  the Northern Ireland Assembly Commission;

  (h)

  a private utility;

• “relevant documents” means documents or other information that—

  (a)

  are specified or described in a notice under subsection (2), and

  (b)

  are in the possession or control of the relevant contracting authority to which the notice is given;

• “section 109 recommendation” has the meaning given in section 109.

Commencement Information

I1 S. 108 not in force at Royal Assent, see s. 127(2)