Key Facts

• Amendment 66 would modify the language from “only” to “wholly or mainly”.
• Government amendment 67 is discussed alongside the proposed change.
• Clauses 108, 109, 110, and 111 are also subject to stand part motions.
• The Bill extends the definition of a 'devolved Welsh authority' to include certain private entities and utilities operating wholly or mainly in Wales.
• Welsh Ministers may regulate contracting authorities whose activities do not relate to reserved matters.
• Clause 109 restricts the powers of a Minister of the Crown to regulate devolved Welsh and Northern Ireland procurement arrangements without consent from relevant ministers.
• Amendments ensure Scottish Ministers can amend their procurement legislation for joint procurements with other UK authorities.
• Amendment 115 will amend clause 123, establishing a requirement for UK Ministers to obtain Welsh Minister's consent before commencing the regime in Wales.
• Clause 107 is amended to ensure that reserved bodies are protected from commencement uncertainty if Welsh consent is not given.
• Reserved bodies include entities like the Driver and Vehicle Licensing Agency which operate in Wales but fall under a reserved authority.
• Clause 112 ensures local authorities can comply with procurement policies without being restricted by section 17 of the Local Government Act 1988.
• The clause allows for regulations to be made so that below-threshold procurements may be reserved exclusively for UK suppliers or UK SMEs and voluntary, community, and social enterprises in specific regions.
• Regulations under Clause 112 will permit flexibility similar to that available to central Government Departments.
• Clause 113 amends the Defence Reform Act 2014.
• Amendments aim to increase flexibility, clarify value for money assurance, and simplify processes.
• The Public Contracts Regulations 2015, Concession Contracts Regulations 2016, Utilities Contracts Regulations 2016, and Defence and Security Public Contracts Regulations 2011 will be repealed when the Bill comes into effect.
• Clause 117 provides a power for an appropriate authority to make regulations to reduce the regulation of private utilities under the Bill.
• Private utility regulators like Ofgem and Ofwat have promoted competition in utility markets while protecting consumer interests.
• The clause requires consultation prior to making any amendments, and Parliament will scrutinise such regulations under the affirmative procedure.
• Clause 118 sets out procedures for making regulations under the Procurement Bill.
• Private utilities will be further deregulated due to their regulated markets and competitive nature.
• Suppliers from countries with UK trade agreements have access to procurements by private utilities in sectors such as gas, electricity, water, transport services, ports, and airports.
• Clause 118 outlines powers and restrictions related to regulations under the Procurement Bill.
• Secondary legislation will see public consultation before formulation.
• An affirmative procedure will be used for much of the secondary legislation.
• Clause 119 defines terms common in the Bill, such as "appropriate authority" and "small and medium-sized enterprises (SMEs)."
• The definition of SME can be amended by an appropriate authority through legislation.
• Clause 123 sets out when the Bill’s provisions will have effect as law.
• The Bill's provisions apply to all procurement by contracting authorities in England, Wales and Northern Ireland.
• Six months’ notice of the new regime coming into force from when the Bill is passed has been committed.
• Amendment would regulate procurement by referencing provisions conferring functions in relation to procurement.
• Clause 123 is ordered to stand part of the Bill after amendment.
• Amendment made to remove subsection (2) from clause 124, page 81, line 18.