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Prospective
(1)Regulations under section 153 or 154 may require a public authority to consider such matters as may be specified from time to time by—
(a)a Minister of the Crown, where the regulations are made by a Minister of the Crown;
(b)the Welsh Ministers, where the regulations are made by the Welsh Ministers;
(c)the Scottish Ministers, where the regulations are made by the Scottish Ministers.
(2)Regulations under section 153 or 154 may impose duties on a public authority that is a contracting authority within the meaning of the Public Sector Directive in connection with its public procurement functions.
(3)In subsection (2)—
“public procurement functions” means functions the exercise of which is regulated by the Public Sector Directive;
“the Public Sector Directive” means Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, as amended from time to time.
(4)Subsections (1) and (2) do not affect the generality of section 153 or 154(2)(a).
(5)A duty imposed on a public authority under section 153 or 154 may be modified or removed by regulations made by—
(a)a Minister of the Crown, where the original duty was imposed by regulations made by a Minister of the Crown;
(b)the Welsh Ministers, where the original duty was imposed by regulations made by the Welsh Ministers;
(c)the Scottish Ministers, where the original duty was imposed by regulations made by the Scottish Ministers.
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