Part 11: Appropriate authorities and cross-border procurement Section 113: Minister of the Crown: restrictions on the exercise of powers
This section sets out areas where a Minister of the Crown may not exercise functions because they fall within the regulatory ambit of the Welsh Ministers or a Northern Ireland Department. It also sets out how, where two bodies can both exercise powers, those concurrent powers are to be exercised.
	Subsection (1) establishes that a Minister of the Crown may only exercise powers for the purposes of regulating a devolved Welsh authority in relation to procurement under a reserved procurement arrangement or a transferred Northern Ireland procurement arrangement (but see subsections (2) and (6)). Those concepts are defined in section 114 (definitions relating to procurement arrangements).
	Subsection (2) disapplies the limitation on a Minister of the Crown set out in subsection (1) in relation to powers exercised under section 67 (electronic invoicing: implied term) and section 110 (guidance following procurement investigations).
	Subsection (3) provides that a Minister of the Crown requires the consent of Welsh Ministers to make regulations under section 67, publish guidance under section 110 or make consequential amendments under section 125 for the purpose of regulating a Welsh devolved authority. However, consent is not required when the regulations or guidance relates to a reserved procurement arrangement or a devolved Northern Ireland procurement arrangement. Both of these concepts are defined in section 114 (definitions relating to procurement arrangements).
	Subsection (4) provides that a Minister of the Crown may only make regulations under this legislation that regulate a transferred Northern Ireland authority with the consent of a Northern Ireland Department, unless the regulations relate to a reserved procurement arrangement or a devolved Welsh procurement arrangement. Both of these concepts are defined in section 114 (definitions relating to procurement arrangements).
	Subsection (5) requires that a Minister of the Crown may only publish guidance under section 110 for the purposes of regulating a Northern Ireland department with the consent of a Northern Ireland Department. This consent is not required when the guidance relates to a reserved procurement arrangement or a devolved Welsh procurement arrangement.
	Subsection (6) sets out that the restrictions on a Minister of the Crown in subsections (1) and (4) do not apply in relation to any power under sections 59 to 66 (debarment), 89 (treaty-state suppliers), 91 (treaty-state suppliers: non-discrimination in Scotland), 92 (trade disputes), 125 (power to make consequential provision) and 127 (commencement).