PART 2RULES IMPLEMENTING THE PUBLIC CONTRACTS DIRECTIVE

F1CHAPTER 4AREGULATIONS UNDER THIS PART

General provisions about regulations under this Part84A.

(1)

Regulations under this Part are to be made by statutory instrument.

(2)

A statutory instrument containing regulations under regulation 3(5) (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(3)

Any other statutory instrument containing regulations under this Part is subject to annulment in pursuance of a resolution of either House of Parliament.

(4)

Subject to paragraph (5), Regulations may not be made under regulations 22A or 56 without the consent of the Welsh Ministers and a Northern Ireland Department.

(5)

Regulations (“the amending regulations”) may be made under regulation 22A or 56 without such consent, but in such cases the amending regulations must amend regulation 22 or, as the case may be, make provision under regulation 56, in such a way as to avoid altering the effect of that regulation in so far as it applies to—

(a)

devolved Welsh authorities, where the Welsh Ministers have not consented to the making of the amending regulations;

(b)

devolved Northern Ireland authorities, where no Northern Ireland Department has consented to the making of the amending regulations.

(6)

Without prejudice to paragraph (7), to the extent that the amending regulations are being made under regulation 22A, the duty imposed by paragraph (5) may be complied with by—

(a)

restructuring regulation 22 (so that, for example, different paragraphs apply to devolved Welsh authorities and other contracting authorities or utilities respectively, where the Welsh Ministers have not consented to the making of the amending regulations); and

(b)

amending the powers conferred by regulation 22A so that they refer to the relevant provisions in regulation 22 as so restructured.

(7)

Regulations under this Part may make supplementary, incidental, transitional, transitory or saving provision.