The Procurement Act 2023 (Specified International Agreements) (Amendment) (Wales) Regulations 2026
In accordance with the Senedd approval procedure applied by section 122(10)(i) of the Procurement Act 2023 a draft of this Welsh statutory instrument was laid before, and approved by resolution of, Senedd Cymru.
Title, coming into force and interpretation1.
(1)
The title of these Regulations is the Procurement Act 2023 (Specified International Agreements) (Amendment) (Wales) Regulations 2026.
(2)
These Regulations come into force on 31 March 2026.
(3)
In these Regulations—
“the 2023 Act” (“Deddf 2023”) means the Procurement Act 2023;
Amendments to Schedule 9 to the 2023 Act2.
(1)
(2)
Omit paragraph C1 and the italic headings before and after it.
(3)
In paragraph 28, for “In any case other than a procurement regulated by the Welsh Ministers, the”
substitute
.“The”
Transitional provisions3.
(1)
The amendments made by regulation 2 do not affect any procurement commenced before the relevant day if before that day—
(a)
a tender notice has been published in accordance with section 21(1) of the 2023 Act (tender notices and associated tender documents) or provided in accordance with section 40(1) to (3) of the 2023 Act (qualifying utilities dynamic market notices: no duty to publish a tender notice),
(b)
a transparency notice has been published in accordance with section 44(1) of the 2023 Act (transparency notices),
(c)
in respect of a contract to be awarded in accordance with a framework to which neither (a) nor (b) applies, a contracting authority has contacted a supplier in order to commence the award of that contract,
(d)
(e)
in respect of a below-threshold contract to which sub-paragraph (d) does not apply, a contracting authority has contacted a supplier in order to commence the award of that contract.
(2)
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;
Amendment to the 2025 Regulations4.
““below-threshold contract” (“contract sydd o dan ytrothwy”) has the meaning given by section 5(5) of the 2023 Act;”.
These Regulations make amendments to Schedule 9 (treaty state suppliers (specified international agreements)) to the Procurement Act 2023 (“the 2023 Act”) in order to implement the procurement chapter of the Comprehensive Economic and Trade Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of India (“the UK-India CETA”) signed at Buckinghamshire on 24 July 2025.
Schedule 9 to the 2023 Act lists international agreements to which the United Kingdom is a party and which contain procurement obligations to which effect must be given in the United Kingdom. Regulation 2 of these Regulations amends Schedule 9 to the 2023 Act to reflect the provisions of the UK-India CETA.
Regulation 3 of these Regulations makes provision for transitional arrangements, so that these Regulations will not affect any procurement under the 2023 Act which relates to the UK-India CETA, where the procurement has commenced before the day on which that agreement enters into force.
Regulation 4 of these Regulations makes an amendment to regulation 4(1) of the Procurement Act 2023 (Specified International Agreements) (Amendment) (Wales) Regulations 2025 (S.I. 2025/1361 (W. 223)) by inserting a definition into the provision.
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.