Procurement Act 2023

13 The national procurement policy statement

(1) A Minister of the Crown may publish a statement setting out the Government’s strategic priorities in relation to procurement.

(2) In this section, “the national procurement policy statement” means the statement for the time being published under this section.

(3) Before publishing the national procurement policy statement, a Minister of the Crown must—

(a) carry out such consultation as the Minister considers appropriate,

(b) make any changes to the statement that appear to the Minister to be necessary in view of responses to the consultation, and

(c) lay the statement before Parliament.

(4) A Minister of the Crown must withdraw the national procurement policy statement if, before the end of the 40-day period, either House of Parliament resolves not to approve it.

(5) “The 40-day period” is the period of 40 days beginning with the day on which the statement is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the days on which it is laid).

(6) When calculating the 40-day period, ignore any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(7) A Minister of the Crown must keep the national procurement policy statement under review.

(8) The national procurement policy statement may be amended or replaced by a subsequent statement, and this section applies in relation to any amended or replacement statement as it applies in relation to the original statement.

(9) A contracting authority must have regard to the national procurement policy statement.

(10) Subsection (9) does not apply—

(a) to private utilities;

(b) in relation to the award of a contract—

(i) in accordance with a framework, or

(ii) by reference to suppliers’ membership of a dynamic market;

(c) in relation to procurement under a devolved Welsh procurement arrangement or transferred Northern Ireland procurement arrangement;

(d) to a devolved Welsh authority or transferred Northern Ireland authority, except in relation to procurement under a reserved procurement arrangement (but not an arrangement of a kind mentioned in paragraph (b)).