Rebecca Evans MS, Cabinet Secretary for Finance, Constitution and Cabinet Office
The Law which is being commenced:
Procurement Act 2023 (Commencement No. 3 - Transitional and Saving Provisions) Regulations 2024
Any impact the Regulations may have on the Senedd’s legislative competence and/or the Welsh Ministers’ executive competence.
These Regulations contain provisions that commence the practical and operational legislative requirements of the Procurement Act 2023. Only a Minister of the Crown has commencement powers within the Act, however UK Government are obliged to seek Welsh Ministers consent before commencing the provisions within the Procurement Act for Devolved Welsh Authorities.
The purpose of the Regulations
This statutory instrument will specify 28 October 2024 as the date in which the substantive
provisions of the Act will come into force, giving the new regime legal effect. It will also bring into force the revocation of the current regulation. The instrument will contain transitional and savings provisions specifying how the existing regulations will be phased out and how ongoing procurements and existing contracts will be treated during the transitional period.
A Minister of the Crown, in accordance with section 127(3) of the Procurement Act 2023, may not make specified regulations under subsection 127(2) without the consent of the Welsh Ministers.
The Regulations are available here: The Procurement Act 2023 (Commencement No. 3 and Transitional and Saving Provisions) Regulations 2024 (legislation.gov.uk)
There will be additional Commencement Regulations required to commence further provisions in the Procurement Act 2023, and these will also require the consent of the Welsh Ministers.
Matters of special interest to the Legislation, Justice and Constitution Committee
None identified.
Why consent was given
The consent of the Welsh Ministers is required for the Minister of the Crown to make these Commencement Regulations to specify the coming into force date, commencement orders and transitional arrangements.