Rebecca Evans MS, Minister for Finance and Local Government
The Law which is being amended:
Regulation 2195/2002 of the European Parliament and of the Council of 5 November 2002 on the Common Procurement Vocabulary (“CPV”)
Any impact the SI may have on the Senedd’s legislative competence and/or the Welsh Ministers’ executive competence.
This SI contains provisions that enable functions to be exercised by the Minister for the
Cabinet Office, some of which require the prior consent of the Welsh Ministers in relation to Devolved Welsh Authorities.
These functions would constitute functions of either a Minister of the Crown or public authority (Cabinet Office) for the purposes Schedule 7B of the Government of Wales Act 2006, and this therefore will be a relevant consideration in the context of the Senedd’s competence to legislate in these areas in the future.
The purpose of the amendments
The purpose of the amendment is to update two CPV codes that use outdated language that is incompatible with UK-wide equality legislation.
The SI and accompanying Explanatory Memorandum, setting out the effect of each amendment is available here:
ANNEX A - SI Common Procurement Vocabulary (Amendment) Regulations 2023
ANNEX B - EM Common Procurement Vocabulary (Amendment) Regulations 2023
Matters of special interest to the Legislation, Justice and Constitution Committee
None identified.
Why consent was given
There is no divergence between the Welsh Government and the UK Government on the policy for the correction. Therefore, making separate SIs in Wales and England would lead to duplication, and unnecessary complication of the statute book. In these exceptional circumstances, the Welsh Government considers it appropriate that the UK Government legislates on our behalf in this instance.