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EnactedProcurement Act 2023

Proposed amendments

41 amendments across 9 provisions

Clause 1 13

Amendment #92866#92866Not movedAmends text
Amendment text
leave out paragraph (c)
Stage
Committee stage
Type
EditBillBody
Clause
1
Lord Wallace of Saltaire
Amendment #92891#92891WithdrawnAmends text
Amendment text
at end insert—
A university is not a public undertaking for these purposes.”
Stage
Committee stage
Type
EditBillBody
Clause
1
Lord Lansley
Amendment #93270#93270WithdrawnNew clause / schedule
Amendment text
Insert the following new Clause—
“Procurement and covered procurement

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage
Committee stage
Type
AddClauseOrSchedule
Clause
1
Lord True
Amendment #93303#93303Not movedAmends text
Amendment text
after “are” insert “capable of being”
Stage
Committee stage
Type
EditBillBody
Clause
1
Baroness Noakes
Amendment #93330#93330Not movedAmends text
Amendment text
leave out “or private utility”
Stage
Committee stage
Type
EditBillBody
Clause
1
Baroness Neville-Rolfe
Amendment #93331#93331WithdrawnAmends text
Amendment text
leave out sub-paragraph (iii)
Stage
Committee stage
Type
EditBillBody
Clause
1
Baroness Neville-Rolfe
Amendment #93387#93387Not movedAmends text
Amendment text
leave out subsection (9)
Stage
Committee stage
Type
EditBillBody
Clause
1
Lord Berkeley
Amendment #93915#93915AgreedAmends text
Amendment text
leave out line 25 and insert—
““relevant sub-contract” means a contract substantially for the purpose of performing (or contributing to the performance of) all or any part of the exempted contract;”
Stage
Report stage
Type
EditBillBody
Clause
1
Baroness Neville-Rolfe
Amendment #93916#93916AgreedAmends text
Amendment text
at end insert—
For the purposes of this Act, a person that operates on a commercial basis but is, as a controlled person, awarded an exempted contract by a public authority in reliance on paragraph 2 of Schedule 2 (vertical arrangements) is to be treated as a public authority in relation to any relevant sub-contract.”
Stage
Report stage
Type
EditBillBody
Clause
1
Baroness Neville-Rolfe
Amendment #93917#93917AgreedAmends text
Amendment text
leave out from first “authority” to end of line 10 on page 2 and insert “, or
in the case of a utilities contract, a public authority, public undertaking or private utility,
Stage
Report stage
Type
EditBillBody
Clause
1
Baroness Neville-Rolfe
Amendment #93918#93918AgreedNew clause / schedule
Amendment text
Insert the following new Clause—
“Procurement and covered procurement

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage
Report stage
Type
AddClauseOrSchedule
Clause
1
Baroness Neville-Rolfe
Amendment #94001#94001AgreedAmends text
Amendment text
In subsection (2), in the definition of “public authority”, in paragraph (a), after “funds” insert “including the NHS”
Stage
Report stage
Type
EditBillBody
Clause
1
Baroness Brinton
Amendment #94002#94002Not movedAmends text
Amendment text
In subsection (3), leave out paragraph (b) and insert—
In subsection (3) whether a person is subject to the control of one or more authorities is to be determined in accordance with paragraph 2 of Schedule 2 except that sub-paragraph (3) of that paragraph does not apply.”
Stage
Report stage
Type
EditBillBody
Clause
1
Baroness Noakes

Clause 2 3

Amendment #93301#93301Not movedAmends text
Amendment text
at end insert—
Goods, services or works are provided to a contracting authority even if they are supplied for the benefit of persons other than the contracting authority.”
Stage
Committee stage
Type
EditBillBody
Clause
2
Baroness Noakes
Amendment #93302#93302Not movedAmends text
Amendment text
leave out “pecuniary interest” and insert “consideration”
Stage
Committee stage
Type
EditBillBody
Clause
2
Baroness Noakes
Amendment #93379#93379DisagreedRemoves provision
Amendment text
Baroness McIntosh of Pickering gives notice of her intention to oppose the Question that Clause 2 stand part of the Bill.
Stage
Committee stage
Type
DeleteClauseOrSchedule
Clause
2
Baroness McIntosh of Pickering

Clause 4 1

Amendment #93300#93300Not movedAmends text
Amendment text
leave out “pecuniary interest” and insert “consideration”
Stage
Committee stage
Type
EditBillBody
Clause
4
Baroness Noakes

Clause 5 6

Amendment #93269#93269AgreedAmends text
Amendment text
after “works” insert “wholly or”
Stage
Committee stage
Type
EditBillBody
Clause
5
Lord True
Amendment #93913#93913AgreedAmends text
Amendment text
leave out subsection (3)
Stage
Report stage
Type
EditBillBody
Clause
5
Baroness Neville-Rolfe
Amendment #93914#93914AgreedAmends text
Amendment text
at end insert “, and
in the case of an activity carried out by a person that is not a public authority or public undertaking, is carried out pursuant to a special or exclusive right.”
Stage
Report stage
Type
EditBillBody
Clause
5
Baroness Neville-Rolfe
Amendment #93977#93977AgreedAmends text
Amendment text
at end insert—
An appropriate authority may by regulations amend Part 2 of Schedule 4 for the purpose of—

The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.

Stage
Report stage
Type
EditBillBody
Clause
5
Baroness Neville-Rolfe
Amendment #93978#93978AgreedAmends text
Amendment text
at end insert—
is not specified in Part 2 of Schedule 4,”
Stage
Report stage
Type
EditBillBody
Clause
5
Baroness Neville-Rolfe
Amendment #93979#93979AgreedAmends text
Amendment text
leave out “of a kind specified in” and insert “specified in Part 1 of”
Stage
Report stage
Type
EditBillBody
Clause
5
Baroness Neville-Rolfe

Clause 7 1

Amendment #93299#93299Not movedAmends text
Amendment text
leave out “pecuniary interest” and insert “consideration”
Stage
Committee stage
Type
EditBillBody
Clause
7
Baroness Noakes

Clause 8 6

Amendment #92864#92864Not movedAmends text
Amendment text
at end insert—
provision by a local authority will make for more effective and efficient supply of the services;
Stage
Committee stage
Type
EditBillBody
Clause
8
Lord Wallace of Saltaire
Amendment #92865#92865Not movedAmends text
Amendment text
leave out paragraph (a)
Stage
Committee stage
Type
EditBillBody
Clause
8
Lord Wallace of Saltaire
Amendment #92890#92890Not movedAmends text
Amendment text
at end insert—
the suppliers of such services consist of small and medium-sized enterprises and few larger enterprises.”
Stage
Committee stage
Type
EditBillBody
Clause
8
Lord Lansley
Amendment #92915#92915Not movedAmends text
Amendment text
leave out subsection (2)
Stage
Committee stage
Type
EditBillBody
Clause
8
Lord Wallace of Saltaire
Amendment #93268#93268AgreedAmends text
Amendment text
after second “the” insert “appropriate”
Stage
Committee stage
Type
EditBillBody
Clause
8
Lord True
Amendment #93304#93304WithdrawnAmends text
Amendment text
at end insert “and which are health or social care services supplied for benefit of individuals”
Stage
Committee stage
Type
EditBillBody
Clause
8
Baroness Noakes

Clause 9 5

Amendment #93908#93908AgreedAmends text
Amendment text
leave out from “determining” to end of line 38 and insert “whether a contract is a public contract”
Stage
Report stage
Type
EditBillBody
Clause
9
Baroness Neville-Rolfe
Amendment #93909#93909AgreedAmends text
Amendment text
at end insert—
“and a reference to a special regime contract of a particular kind is a reference to a special regime contract of a kind described in paragraph (a), (b), (c) or (d).”
Stage
Report stage
Type
EditBillBody
Clause
9
Baroness Neville-Rolfe
Amendment #93910#93910AgreedAmends text
Amendment text
leave out from “apply” to “the” in line 26 and insert “to prevent the contract from being treated as a defence and security contract if”
Stage
Report stage
Type
EditBillBody
Clause
9
Baroness Neville-Rolfe
Amendment #93911#93911AgreedAmends text
Amendment text
after “contract” insert “of the same kind (or at all)”
Stage
Report stage
Type
EditBillBody
Clause
9
Baroness Neville-Rolfe
Amendment #93912#93912AgreedAmends text
Amendment text
after “contract” insert “of the same kind (or at all)”
Stage
Report stage
Type
EditBillBody
Clause
9
Baroness Neville-Rolfe

Clause 10 5

Amendment #93267#93267WithdrawnAmends text
Amendment text
after second “a” insert “covered”
Stage
Committee stage
Type
EditBillBody
Clause
10
Lord True
Amendment #93905#93905AgreedAmends text
Amendment text
leave out subsections (4) and (5)
Stage
Report stage
Type
EditBillBody
Clause
10
Baroness Neville-Rolfe
Amendment #93906#93906AgreedAmends text
Amendment text
leave out subsection (2)
Stage
Report stage
Type
EditBillBody
Clause
10
Baroness Neville-Rolfe
Amendment #93907#93907AgreedAmends text
Amendment text
after second “a” insert “covered”
Stage
Report stage
Type
EditBillBody
Clause
10
Baroness Neville-Rolfe
Amendment #93919#93919AgreedAmends text
Amendment text
leave out “only award a public contract” and insert “not enter into a public contract unless it is awarded”
Stage
Report stage
Type
EditBillBody
Clause
10
Baroness Neville-Rolfe

Clause 110 1

Amendment #94072#94072AgreedAmends text
Amendment text
leave out “11([subsection removed])” and insert “1(4)”
Stage
3rd reading
Type
EditBillBody
Clause
110
Baroness Neville-Rolfe