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Procurement Act 2023
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- 19/01/2024- Amendment
- 12/03/2024- Amendment
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- 01/04/2024
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Procurement Act 2023, PART 12 is up to date with all changes known to be in force on or before 04 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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PART 12U.K.Amendments and repeals
116Disapplication of duty in section 17 of the Local Government Act 1988U.K.
(1)In section 17 of the Local Government Act 1988 (exclusion of non-commercial considerations), in subsection (11), after “imposed on it by” insert “the Procurement Act 2023 or”.
(2)A Minister of the Crown or the Welsh Ministers may by regulations make provision disapplying the duty under section 17(1) of the Local Government Act 1988 (“the 1988 Act”) as it relates to a relevant authority.
(3)The regulations may disapply the duty as it relates to—
(a)all relevant authorities or those that are specified;
(b)all functions that are regulated by section 17 of the 1988 Act (see subsection (4) of that section) or those that are specified;
(c)contracts of all types mentioned in section 17(1) of the 1988 Act, or of those types that are specified;
(d)all non-commercial matters (see section 17(5) of the 1988 Act) or those that are specified.
(4)In this section—
“relevant authority” means an authority to which section 17 of the 1988 Act applies other than a devolved Scottish authority;
“specified” means specified, or of a description specified, in regulations under this section.
Commencement Information
I1S. 116 not in force at Royal Assent, see s. 127(2)
I2S. 116(2)(3)(4) in force at 12.3.2024 by S.I. 2024/361, reg. 2(q)
117Single source defence contractsU.K.
Schedule 10 makes amendments to Part 2 of the Defence Reform Act 2014 (single source contracts).
Commencement Information
I3S. 117 not in force at Royal Assent, see s. 127(2)
I4S. 117 in force at 19.1.2024 for specified purposes by S.I. 2024/61, reg. 2(1)(a) (with reg. 3)
I5S. 117 in force at 1.4.2024 for specified purposes by S.I. 2024/61, reg. 2(2)(a)
Prospective
118Concurrent powers and the Government of Wales Act 2006U.K.
In Schedule 7B to the Government of Wales Act 2006 (general restrictions on devolved competence)—
(a)at the end of paragraph 9(8)(b)(vi), omit “or”,
(b)in paragraph 9(8)(b)(vii), at the end insert “or
(viii)the Procurement Act 2023.”,
[F1(c)at the end of paragraph 11(6)(b)(x), omit “or”, and
(d)in paragraph 11(6)(b)(xi), at the end insert “, or
(xii)the Procurement Act 2023.”]
Textual Amendments
F1S. 118(c)(d) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 239(4)(a), 255(9)(b) (with s. 247)
Commencement Information
I6S. 118 not in force at Royal Assent, see s. 127(2)
Prospective
119Repeals etcU.K.
(1)The enactments set out in Schedule 11 are repealed or revoked.
(2)The following regulations apply only in relation to devolved Scottish authorities—
(a)the Public Contracts (Scotland) Regulations 2015 (S.S.I. 2015/446);
(b)the Utilities Contracts (Scotland) Regulations 2016 (S.S.I. 2016/49);
(c)the Concession Contracts (Scotland) Regulations 2016 (S.S.I. 2016/65).
Commencement Information
I7S. 119 not in force at Royal Assent, see s. 127(2)
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