Annex: additional delegated powers in the Bill
Clauses:PowerClause 6 Defence and Security ContractsConfers a power on a Minister of the Crown to make regulations specifying that a contracting authority is a defence authority.Clause 8 Light Touch ContractsConfers a power on an appropriate authority (minister of the Crown, Welsh Ministers or a Northern Ireland Department) to make regulations specifying which categories of contract can benefit from “light touch” provisions.Clause 12 The national procurement policy statementConfers a power on a Minister of the Crown to publish a National Procurement Policy Statement and creates an obligation for contracting authorities to have regard to that NPPS.Clause 33 Reserving Contracts to Public Service MutualsConfers a power on an appropriate authority to make regulations to specify the services which contracting authorities can reserve certain contracts to be bid for by public service mutuals.Clause 41 Direct Award to Protect Life etcConfers a power on a Minister of the Crown to make regulations that certain contracts, or classes of contracts, can be procured without running a competition (direct award) when they are necessary to protect life.Clause 50 Key Performance IndicatorsConfers a power on an appropriate authority to make regulations setting the KPI’s in certain public contracts to measure contract performance.Clause 51 Contract Detail Notices and Publication of ContractsConfers a power on a Minister of the Crown or a Northern Ireland Department to make regulations to amend the financial threshold for the purposes of contract publication.Clause 61 Debarment Decisions: AppealsConfers a power on a Minster of the Crown to make regulations providing for a statutory appeal mechanism for suppliers to appeal debarment decisions.Clause 62 Electronic Invoicing: Implied TermConfers a power on an appropriate authority to make regulations to amend the requirements of an electronic invoice.Clause 63 Implied Payment Terms in Public ContractsConfers a power on an appropriate authority to make regulations to amend the 30 day payment period.Clause 64 Payments Compliance NoticesConfers a power on an appropriate authority to make regulations setting out the form and content of a payment’s compliance notice.Clause 65 Information about payments under public contractsConfers a power on an appropriate authority to make regulations amending the financial threshold or period of time for publication of certain public contracts that meet the financial threshold when payment is made.Clause 70 Contract Change Notices and Publication of ModificationsConfers a power on a Minister of the Crown to make regulations to amend the financial threshold over which a contracting authority has to publish a contract change notice.Clause 78 Regulated Below-threshold ContractsConfers a power on a Minister of the Crown to make regulations to amend the financial threshold to take account both inflation and interaction with the upper thresholds.Clause 79 Regulated below-threshold contracts: noticesConfers a power on a Minister of the Crown to make regulations to amend the financial thresholds.Clause 80 Regulated below-threshold contracts: implied payment termsConfers a power on a Minister of the Crown to make regulations to amend the threshold contacts for the purpose of changing the number of days for the sum due to be paid under the contract (no more than 30 days).Clause 81 Treaty state suppliersConfers a power on a Minister of the Crown to make regulations to amend schedule 9 (which sets out a list of the agreements under which such entitlements are created) for the purpose of an international agreement.Clause 84 Pipeline noticesConfers a power on a Minister of the Crown to make regulations to change the financial thresholds.Clause 86 notices, documents and information: regulationsConfers a power on a Minister of the Crown to make regulations to amend the number and content of different obligations to publish or produce notices, documents and other information.Clause 88 Information relating to a procurementConfers a power on a Minister of the Crown to make regulations to set a minimum requirement for how contracting authorities receive information and for contracting authorities to take information from the register to suppliers.Clause 97 Recommendations following procurement investigationsConfers a power on a Minister of the Crown to make recommendations as to how to prevent future non-compliance.Clause 98 Guidance following procurement investigationsConfers a power on a Minister of the Crown to provide guidance to ensure that all contracting authorities can learn from the non-compliance identified in the course of the investigation.Clause 104 Disapplication of duty in section 17 of the Local Government Act 1988Confers a power on a Minister of the Crown to make regulations to disapply the prohibitions on a case-by-case basis.Clause 108 Power to disapply this Act in relation to procurement by NHS in EnglandConfers a power on a Minister of the Crown to make regulations in relation to devolved Scottish...