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Procurement Act 2023
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- UK Public General Acts
- 2023 c. 54
- PART 11
- Section 112
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This version of this provision is prospective.
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Changes to legislation:
Procurement Act 2023, Section 112 is up to date with all changes known to be in force on or before 03 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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Changes and effects yet to be applied to Section 112:
- s. 112 coming into force by S.I. 2024/716 Sch.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act excluded by S.I. 2024/692 reg. 43
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 115A inserted by S.I. 2024/692 reg. 47(3)
- Sch. 9A inserted by S.I. 2024/692 reg. 47(4)
Prospective
112Northern Ireland department: restrictions on the exercise of powersU.K.
This section has no associated Explanatory Notes
(1)A Northern Ireland department may only exercise a power under this Act for the purpose of regulating—
(a)contracting authorities that are transferred Northern Ireland authorities,
(b)contracting authorities that are public undertakings or private utilities that—
(i)are not transferred Northern Ireland authorities, but
(ii)for the purposes of this Act, are to be treated as transferred Northern Ireland authorities, or
(c)procurement under a transferred Northern Ireland procurement arrangement.
(2)For the purposes of this section, an authority is a “transferred Northern Ireland authority” if its functions—
(a)are exercisable only in or as regards Northern Ireland, and
(b)are wholly or mainly functions that do not relate to reserved or excepted matters (within the meaning given by the Northern Ireland Act 1998).
(3)A contracting authority that is a public undertaking or private utility is to be treated as a transferred Northern Ireland authority for the purposes of this Act if—
(a)it operates only in or as regards Northern Ireland, and
(b)its activities are wholly or mainly activities that do not relate to reserved or excepted matters.
(4)Other than in this section, a reference in this Act to a transferred Northern Ireland authority includes a reference to an authority that is to be treated as a transferred Northern Ireland authority for the purposes of this Act.
(5)Subsection (1) does not apply in relation to a power under sections 59 to 66 (debarment).
Commencement Information
I1S. 112 not in force at Royal Assent, see s. 127(2)
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