The Procurement Act 2023 (Threshold Amounts) (Amendment) (Wales) Regulations 2025

Welsh Statutory Instruments

2025 No. 1296 (W. 210)

Public Procurement, Wales

The Procurement Act 2023 (Threshold Amounts) (Amendment) (Wales) Regulations 2025

Made

9 December 2025

Laid before Senedd Cymru

11 December 2025

Coming into force

12.05 a.m. on 1 January 2026

The Welsh Ministers(1) make these Regulations in exercise of the powers conferred on them by paragraph 2 of Schedule 1 to the Procurement Act 2023(2).

Title and coming into force

1.—(1) The title of these Regulations is the Procurement Act 2023 (Threshold Amounts) (Amendment) (Wales) Regulations 2025.

(2) These Regulations come into force at 12.05 a.m. on 1 January 2026(3).

Interpretation

2.  In these Regulations, “ the 2023 Act” means the Procurement Act 2023.

Amendments to Schedule 1 to the 2023 Act

3.—(1) Paragraph 1 of Schedule 1(4) to the 2023 Act (threshold amounts) is amended as follows.

(2) In sub-paragraph (1)—

(a) in the words before the table—

(i) after “the table below is” omit “—” and insert “the threshold set out in the corresponding row of the third column.”;

(ii) omit paragraphs (c) and (d).

(b) in the table—

(i) omit the third column (so that the fourth column becomes the third column);

(ii) in the heading of the new third column, omit “: any other contract”.

(3) Omit sub-paragraph (1B).

Transitional Provisions

4.—(1) In this regulation—

“below-threshold contract” (“contract sydd o dan y trothwy”) has the meaning given by section 5(5) of the 2023 Act;

“contracting authority” (“awdurdod contractio”) has the meaning given by section 2(1) of the 2023 Act.

(2) Nothing in these Regulations affects any procurement commenced before the day on which these Regulations come into force.

(3) For the purpose of paragraph (2), a procurement is commenced before the day on which these Regulations come into force if, before that day—

(a) a tender notice has been published in accordance with section 21 of the 2023 Act (tender notices and associated tender documents);

(b) a transparency notice has been published in accordance with section 44 of the 2023 Act (transparency notices);

(c) a below-threshold tender notice has been published in accordance with section 87(5) of the 2023 Act (regulated below-threshold contracts: notices);

(d) in respect of all other below-threshold contracts, a contracting authority has contacted a supplier in order to commence the award of that contract.

Mark Drakeford

The Cabinet Secretary for Finance and Welsh Language, one of the Welsh Ministers

9 December 2025

EXPLANATORY NOTE

(This note is not part of the Regulations)

Following a review of the relevant threshold amounts, these Regulations bring forward amendments to Schedule 1 to the Procurement Act 2023 (“the Act”) by omitting a column in the table set out in Schedule 1. This ensures the thresholds as laid down in the World Trade Organisation’s Agreement on Government Procurement will apply to public contracts for goods, works and services regulated by Welsh Ministers. These amendments will ensure Schedule 1 to the Act reflects Wales’s international trade obligations.

Regulation 3 amends the table in Schedule 1 which sets out the threshold amounts for various types of contracts. Those thresholds determine the value above which contracts of different types fall to be regulated by the substantive regime.

Regulation 4 makes transitional provisions in connection with the changes to thresholds, making clear from when they have effect.

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 has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Commercial and Procurement Directorate, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.

(1)

The Welsh Ministers are the “appropriate authority” as defined in section 123(1) of the Procurement Act 2023, subject to the restrictions set out in section 111(1) of that Act.

(2)

2023 c. 54.

(3)

These Regulations come into force after S.I. 2025/1200 which come into force at 12.00 a.m. on 1 January 2026.

(4)

As amended by S.I. 2025/163, S.I. 2025/181 (W. 38) and S.I. 2025/1200. Other amendments have been made but these are not relevant to this instrument.

(5)

Section 87(4) was amended by S.I. 2024/782 (W. 121).