Procurement Act 2023

81 Conflicts of interest: duty to identify

(1) A contracting authority must take all reasonable steps to identify, and keep under review, in relation to a covered procurement any—

(a) conflicts of interest, or

(b) potential conflicts of interest.

(2) There is a conflict of interest in relation to a covered procurement if—

(a) a person acting for or on behalf of the contracting authority in relation to the procurement has a conflict of interest, or

(b) a Minister acting in relation to the procurement has a conflict of interest.

(3) A person who influences a decision made by or on behalf of a contracting authority in relation to a covered procurement is to be treated as acting in relation to the procurement.

(4) In this section—

• “interest” includes a personal, professional or financial interest and may be direct or indirect;

• “Minister” means—

  (a)

  a Minister of the Crown;

  (b)

  a member of the Welsh Government;

  (c)

  the First Minister, deputy First Minister or a Northern Ireland Minister;

• “member of the Welsh Government” means a person referred to in section 45 of the Government of Wales Act 2006.