Mark Drakeford MS, Cabinet Secretary for Finance and Welsh Language
Members of the Senedd will wish to be aware that I have given consent to the Parliamentary Secretary, Cabinet Office to exercise a subordinate legislation-making power in devolved areas in relation to Wales. This consent relates specifically to the inclusion of transitional arrangements in the UK Government’s statutory instrument (UKSI), titled “The Procurement Act 2023 (Specified International Agreements and Saving Provision) (Amendment) Regulations 2026”.
Agreement was sought by the Parliamentary Secretary, Cabinet Office to include Transitional Arrangements in “The Procurement Act 2023 (Specified International Agreements and Saving Provision) (Amendment) Regulations 2026” which will amend the Procurement Act 2023 (Commencement No. 3 and Transitional and Saving Provisions) Regulations 2024 (“the UKG 2024 Regulations”) to cover transitional arrangements for Contracts which remain subject to the former Procurement Regime (e.g. the Public Contracts Regulations 2015 and the Utilities Contracts Regulations 2016).
As Welsh Ministers do not have the power to amend these Commencement and transitional provisions, consent is required for the UK Government to legislate in this devolved area. This will ensure that contracts covered by the previous regime continue to comply with the UK’s international obligations under the UK-India Comprehensive Economic and Trade Agreement (CETA).
The UKSI also includes regulations relating to contracts covered by the Procurement Act 2023. The Welsh Ministers will lay separate regulations to implement the procurement chapters of the UK-India Comprehensive Economic and Trade Agreement (CETA) agreement as it applies in Wales.
The UK Statutory Instrument was laid before the UK Parliament by the Minister for the Cabinet Office on 19 January 2026 and the element relating to Contracts under the former procurement regime exercised the power conferred by section 127(2) of the Procurement Act 2023, which can only be exercised by a Minister of the Crown. The SI will come into force on 30 March 2026.
The Regulations are available here: The Procurement Act 2023 (Specified International Agreements and Saving Provision) (Amendment) Regulations 2026