EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations supplement the Procurement Act 2023 (c. 54) (“the 2023 Act”).
Part 1 of these Regulations contains introductory provisions, including those which set out the application of the Regulations and definitions that are used across the Regulations.
Part 2 makes provision about the transparency of procurements carried out by contracting authorities that are devolved Welsh authorities, or are to be treated as a devolved Welsh authority under the 2023 Act. Regulation 5(1) provides that certain notices, documents or information must first be published, or given, by publishing them on the central digital platform which is an online system provided by the UK government Cabinet Office (“the Cabinet Office”) at the following website address: https://www.gov.uk/find-tender.
Regulation 5(2) provides that regulation 5(1) is complied with by the notice, document or information being submitted to the Welsh digital platform and the Cabinet Office has informed the contracting authority of successful submission of the notice, document or information or that it is accessible to suppliers and members of the public. The Welsh digital platform is the online system provided by the Welsh Government for use by contracting authorities to whom regulation 2 applies. This platform can be found at the following website address: https://www.sell2wales.gov.wales.
Regulations 6 to 8 make provision about how core supplier information (such as information about a supplier’s connected persons) is shared with a contracting authority with a view to the award of a public contract or a notifiable below-threshold contract. They provide that the authority must obtain confirmation that the supplier has shared that information through the central digital platform, or registered on that platform before a deadline. Regulations 10 to 13 set out what information is core supplier information.
Regulations 14 to 42 make provision about what information must be included in notices, documents or information which must be published under the 2023 Act. In some cases, a provision specifies additional information to that required by the 2023 Act itself in accordance with the regulation making powers provided by that Act. For example, regulation 18 sets out other information which must be included in a preliminary market engagement notice, in addition to the information which must be included in accordance with section 17(2)(a) of the 2023 Act, as expressly permitted by section 17(2)(b) of that Act.
Part 3 makes provision which supplements the 2023 Act otherwise than in relation to transparency measures.
Regulation 43 and Schedule 1 specify the categories of services that qualify as “light touch services” for the purpose of section 9 of the 2023 Act. If a service is “light touch” it may be procured according to different rules from those that apply to the other types of contract, whose procurement is covered by the 2023 Act. These provisions also set out which of those services are “reservable light touch services” for the purpose of section 33 of the 2023 Act, such that a contracting authority may provide that only a qualifying public service mutual, as defined in section 33(5) of the 2023 Act, can bid for a contract for those services.
Regulations 44 and 45 and Schedules 2 and 3 define the terms “central government authority” and “works” as they are used in the 2023 Act. In Schedule 2, the entities defined as central government authorities are listed under the headings “lead authority” and “related authority” in order to provide consistency with the way the Welsh authorities are covered by the World Trade Organisation’s Agreement on Government Procurement, as set out in the annexes to that Agreement.
Part 4 of these Regulations contains consequential amendments to primary legislation, including the 2023 Act, and secondary legislation.
The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations has been prepared and a copy can be obtained from The Commercial and Procurement Directorate, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.