Procurement Act 2023

122 Regulations U.K.

(1) Any power to make regulations under this Act—

(a) so far as exercisable by a Minister of the Crown or the Welsh Ministers is exercisable by statutory instrument;

(b) so far as exercisable by a Northern Ireland department, is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(2) For regulations made under this Act by the Scottish Ministers, see also section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (Scottish statutory instruments).

(3) Regulations under this Act may—

(a) make different provision for different purposes or areas;

(b) make provision generally or only in relation to specified cases;

(c) make incidental, supplementary or consequential provision;

(d) make transitional, transitory or saving provision.

(4) A statutory instrument containing (whether alone or with other provision) regulations made by a Minister of the Crown under any of the following provisions may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament—

(a) section 6 (utilities contracts);

(b) section 7 (defence and security contracts);

(c) section 9 (light touch contracts);

(d) section 33 (reserving contracts to public service mutuals);

(e) section 52 (key performance indicators);

(f) section 53 (publication of contracts);

(g) section 69 (payment compliance notices);

(h) section 70(3)(a) (information about payments: financial thresholds);

(i) section 75 (contract change notices and publication of modifications);

(j) section 87 (regulated below-threshold contracts: notices);

(k) section 89 (treaty state suppliers: international agreements);

(l) section 91 (treaty state suppliers: non-discrimination in Scotland);

(m) section 92 (trade disputes);

(n) section 93 (pipeline notices);

(o) section 95 (notices, documents and information);

(p) section 97 (information relating to a procurement);

(q) section 115 (powers relating to procurement arrangements);

(r) section 116 (disapplication of section 17 of Local Government Act 1988);

(s) section 120 (disapplication of Act: NHS procurement in England);

(t) section 121 (amendment of Act in relation to private utilities);

(u) section 123 (interpretation);

(v) section 125 (power to make consequential, etc, provision), if the regulations made under it modify primary legislation;

(w) section 127(6) (exclusion of devolved Welsh authorities);

(x) paragraph 3 or 5 of Schedule 1 (threshold amounts);

(y) Schedule 2 (exempted contracts);

(z) Schedule 4 (utility activities).

(5) A statutory instrument containing regulations made by a Minister of the Crown under section 42 (direct award to protect life, etc) must be laid before Parliament after being made.

(6) Any other statutory instrument containing regulations made by a Minister of the Crown under any provision of this Act, except section 127 (commencement), is subject to annulment in pursuance of a resolution of either House of Parliament.

(7) Regulations contained in a statutory instrument laid before Parliament under subsection (5) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament.

(8) In calculating the period of 28 days, no account is to be taken of any whole days that fall within a period during which—

(a) Parliament is dissolved or prorogued, or

(b) either House of Parliament is adjourned for more than four days.

(9) If regulations cease to have effect as a result of subsection (7), that does not—

(a) affect the validity of anything previously done under the regulations, or

(b) prevent the making of new regulations.

(10) A statutory instrument containing (whether alone or with other provision) regulations made by the Welsh Ministers under any of the following provisions may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru—

(a) section 6 (utilities contracts);

(b) section 9 (light touch contracts);

(c) section 33 (reserving contracts to public service mutuals);

(d) section 52 (key performance indicators);

(e) section 69 (payment compliance notices);

(f) section 70(3)(a) (information about payments: financial thresholds);

(g) section 75 (contract change notices and publication of modifications);

(h) section 87 (regulated below-threshold contracts: notices);

(i) section 89 (treaty state suppliers: international agreements);

(j) section 92 (trade disputes);

(k) section 93 (pipeline notices);

(l) section 95 (notices, documents and information);

(m) section 97 (information relating to a procurement);

(n) section 116 (disapplication of section 17 of Local Government Act 1988);

[F1 (na) section‍ 120A (disapplication of Act: NHS procurement in Wales);]

(o) section 121 (amendment of Act in relation to private utilities);

(p) section 123 (interpretation);

(q) section 125 (power to make consequential, etc, provision), if the regulations made under it modify primary legislation;

(r) paragraph 3 or 5 of Schedule 1 (threshold amounts);

(s) Schedule 2 (exempted contracts);

(t) Schedule 4 (utility activities).

(11) Any other statutory instrument containing regulations made by the Welsh Ministers under this Act is subject to annulment in pursuance of a resolution of Senedd Cymru.

(12) Regulations of a Northern Ireland department under any of the following provisions (whether alone or with other provision) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly—

(a) section 6 (utilities contracts);

(b) section 9 (light touch contracts);

(c) section 33 (reserving contracts to public service mutuals);

(d) section 52 (key performance indicators);

(e) section 89 (treaty state suppliers: international agreements);

(f) section 92 (trade disputes);

(g) section 95 (notices, documents and information);

(h) section 97 (information relating to a procurement);

(i) section 121 (amendment of Act in relation to private utilities);

(j) section 123 (interpretation);

(k) section 125 (power to make consequential, etc, provision), if the regulations made under it modify primary legislation;

(l) paragraph 3 or 5 of Schedule 1 (threshold amounts);

(m) Schedule 2 (exempted contracts);

(n) Schedule 4 (utility activities).

(13) Any other regulations of a Northern Ireland department under this Act are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

(14) Regulations of the Scottish Ministers under any of the following provisions are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010)—

(a) section 90 (treaty state suppliers: non-discrimination);

(b) section 92 (trade disputes);

(c) section 115 (powers relating to procurement arrangements).

Textual Amendments

F1 S. 122(10)(na) inserted (W.) (6.2.2024) by Health Service Procurement (Wales) Act 2024 (asc 1), ss. 2(3), 4

Commencement Information

I1 S. 122 in force at Royal Assent, see s. 127(1)