Written question WQ87308

The rationale behind each of the amendments is set out below:

• An amendment to the definition of a devolved Welsh authority.

An amendment to the definition of a devolved Welsh authority was required so that it is clear that the Welsh rules will apply to cross border procurements, i.e., a single procurement which relates to both Wales and England for contracting authorities that operate or exercise functions wholly or mainly in relation to Wales.

• An amendment in relation to the commencement powers contained within the Bill.

An amendment was required as the commencement powers contained within the Bill as introduced were Minister of the Crown powers only. This allowed a Minister of the Crown to commence the provisions of the Bill without the consent of Welsh Ministers.

• An amendment to the powers to make consequential provisions to reflect powers for Welsh Ministers in the area.

This amendment was required as the Bill as introduced provided for concurrent powers for a Minister of the Crown to make supplementary, incidental or consequential provisions with no requirement to obtain the consent of the Welsh Ministers when exercising this power in relation to devolved areas.

• An amendment for a disapplication power for the Welsh Ministers to make regulations equivalent to the power of the UK Government in relation to healthcare services.

This amendment was sought to provide a level playing field in relation to the provider selection regime included for healthcare services in England under the Health and Care Act 2022.

• An amendment which has the effect of ensuring that a Welsh contracting authority’s duty to have regard to the Wales Procurement Policy Statement will not be enforceable in civil proceedings.

This amendment was required to bring the Bill in line with the Welsh Government’s policy position that a Welsh contracting authority’s duty to have regard to the Wales Procurement Policy Statement should be enforceable through judicial review.