Commentary on Sections Section 2 – Power to disapply procurement rules in relation to NHS procurement in Wales
6.Section 2 of the Act enables the Welsh Ministers to disapply provisions of the Procurement Act 2023, to the extent that they are inconsistent with alternative provisions made in respect of the procurement of health services in Wales. This is done by inserting a new section 120A into the Procurement Act 2023.
7.Subsection (1) of the new section 120A provides the Welsh Ministers with the power referred to above, which is to be exercised by making regulations (by statutory instrument).
8.Subsection (2) provides additional information about how the power in subsection (1) operates, by defining two relevant terms.
9.First, it explains that the reference in subsection (1) to ‘regulated health service procurement in Wales’ means the procurement of goods and services carried out by a ‘relevant authority’ under the arrangements made under a new section 10A that is inserted into the National Health Service (Wales) Act 2006 by section 3 of this Act. The power to disapply these provisions is available to the Welsh Ministers irrespective of whether regulations made under the new section 10A of the National Health Service (Wales) Act 2006 have come into force.
10.Second, subsection (2) also explains that the reference to a ‘relevant authority’ has the same meaning as found in the new section 10A inserted into the National Health Service (Wales) Act 2006. This means that the term ‘relevant authority’ includes local authorities in Wales, Local Health Boards, NHS Trusts (for example the Welsh Ambulance Services Trust) and special health authorities (for example Health Education and Improvement Wales, and Digital Health and Care Wales).
11.In accordance with section 122(10) of the Procurement Act 2023, regulations made under the section inserted into that Act, by this Act are subject to the affirmative procedure. This means that they must be approved by Senedd Cymru before they can be made.