Baroness Neville-Rolfe:

Moved by Baroness Neville-Rolfe

That the House do agree with the Commons in their Amendments 82 to 101.

82: After Clause 116, insert the following new Clause—“Power to disapply this Act in relation to procurement by NHS in England(1) A Minister of the Crown may by regulations make provision for the purpose of disapplying any provision of this Act in relation to regulated health procurement.(2) In this section—“regulated health procurement” means the procurement of goods or services by a relevant authority that is subject to provision made under section 12ZB of the National Health Service Act 2006 (procurement of healthcare services etc for the health service in England), whether or not that provision is in force;“relevant authority” has the meaning given in that section.”

83: Clause 118, page 75, line 21, at end insert—(da) section 52 (key performance indicators);”

84: Clause 118, page 75, line 23, leave out paragraph (f)

85: Clause 118, page 75, line 29, at end insert—(la) section (Trade disputes) (trade disputes);”

86: Clause 118, page 75, line 39, at end insert— “(ua) section 123(6) (exclusion of devolved Welsh authorities);”

87: Clause 118, page 76, line 21, at end insert—“(ca) section 52 (key performance indicators);”

88: Clause 118, page 76, line 26, at end insert—(ha) section (Trade disputes) (trade disputes);”

89: Clause 118, page 76, line 47, at end insert—“(ca) section 52 (key performance indicators);”

90: Clause 118, page 77, line 1, at end insert—“(da) section (Trade disputes) (trade disputes);”

91: Clause 118, page 77, line 15, leave out from “under” to end of line 16 and insert “any of the following provisions”

92: Clause 118, page 77, line 18, at end insert—“(a) section 90 (treaty state suppliers: non-discrimination);(b) section (Trade disputes) (trade disputes);(c) section 111 (powers relating to procurement arrangements).”

93: Clause 123, page 81, line 14, leave out subsection (3) and insert—“(3) A Minister of the Crown may not make specified regulations under subsection (2) without the consent of the Welsh Ministers.(4) In this section, “specified regulations” means regulations to bring into force provisions regulating procurement by a devolved Welsh authority other than procurement under—(a) a reserved procurement arrangement, or(b) a transferred Northern Ireland procurement arrangement, but “specified regulations” does not include regulations to bring into force provisions in Part 7 (implementation of international obligations).(5) In this section, “devolved Welsh authority” has the meaning given in section 157A of the Government of Wales Act 2006.(6) A Minister of the Crown may by regulations make such provision as the Minister considers appropriate for the purpose of ensuring that— (a) Parts 1 to 6 and 8 to 13, or particular provisions in those Parts, so far as not already brought into force under subsection (2) do not regulate procurement by a devolved Welsh authority other than procurement under—(i) a reserved procurement arrangement, or(ii) a transferred Northern Ireland procurement arrangement;(b) existing legislation continues to regulate procurement by devolved Welsh authorities and procurement under devolved Welsh procurement arrangements.(7) Regulations under subsection (6) may modify this Act.(8) In this section—“existing legislation” means any enactment, other than this Act or regulations made under this Act, that is passed or made before section 11 (covered procurement only in accordance with this Act) comes into force;a reference to a provision regulating procurement includes a reference to a provision conferring a function exercisable in relation to procurement.”

94: Clause 124, page 81, line 18, leave out subsection (2)

95: Schedule 2, page 84, line 11, leave out from “in” to end of line 17 and insert “this Part of this Schedule.”

96: Schedule 2, page 85, line 39, at end insert—“PART 2SUBJECT-MATTER EXEMPTED CONTRACTSGeneral3A (1) A contract is an exempted contract if it is—(a) a contract of a kind listed in this Part of this Schedule;(b) a framework for the future award of contracts only of a kind listed in this Part of this Schedule.(2) But a Part 2-only contract is not an exempted contract if, on award of the contract, a contracting authority considers that—(a) the goods, services or works representing the main purpose of the contract could reasonably be supplied under a separate contract, and(b) that contract would not be a contract of a kind listed in this Part of this Schedule.(3) In considering whether goods, services or works could reasonably be supplied under a separate contract, a contracting authority may, for example, have regard to the practical and financial consequences of awarding more than one contract.(4) In this paragraph “Part 2-only contract” means a contract of a kind listed in this Part of this Schedule that is not of a kind listed in Part 1 of this Schedule.”

97: That paragraph 25 of Schedule 2 be transferred to the end of line 39 on page 85

98: That paragraphs 31 and 32 of Schedule 2 be transferred to the end of line 39 on page 85

99: Schedule 2, page 91, line 22, at end insert—“Commercial contracts of the City of London37 A contract for the supply of goods, services or works to the Common Council of the City of London other than for the purposes of its functions as a local authority, police authority or port health authority.”

100: Schedule 6, page 102, line 11, at end insert—“National security34A (1) A mandatory exclusion ground applies to a supplier in relation to contracts of a particular description if an appropriate authority determines that the supplier or a connected person—(a) poses a threat to the national security of the United Kingdom, and(b) would pose such a threat in relation to public contracts of that description.(2) In sub-paragraph (1)— (a) the reference to an appropriate authority is a reference to the appropriate authority that is considering whether the exclusion ground applies;(b) the reference to a particular description includes, for example, a description by reference to—(i) the goods, services or works being supplied;(ii) the location of the supply;(iii) the contracting authority concerned.(3) Sub-paragraph (1) applies only for the purpose of an appropriate authority’s functions under sections 59 to 66 (debarment), and cannot otherwise be relied on by a contracting authority when considering whether a supplier is an excluded supplier under section 57(1)(a).”

101: Schedule 6, page 105, line 20, at end insert—“(d) paragraph 34A (threat to national security).”

Motion agreed.