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Welsh Statutory Instruments

2026 No. 97

public procurement, wales

The Procurement Act 2023 (Specified International Agreements) (Amendment) (Wales) Regulations 2026

Made

24 March 2026

Coming into force

31 March 2026

The Welsh Ministers(1) make the following Regulations in exercise of the powers conferred on them by sections 89(3)(a) and 122(3)(b) and (d) of the Procurement Act 2023(2).

In accordance with the Senedd approval procedure applied by section 122(10)(i) of the Procurement Act 2023 a draft of this Welsh statutory instrument was laid before, and approved by resolution of, Senedd Cymru.

Title, coming into force and interpretation

1. —(1) The title of these Regulations is the Procurement Act 2023 (Specified International Agreements) (Amendment) (Wales) Regulations 2026.

(2) These Regulations come into force on 31 March 2026.

(3) In these Regulations—

“ the 2023 Act ” (“ Deddf 2023 ”) means the Procurement Act 2023;

“ the 2025 Regulations ” (“ Rheoliadau 2025 ”) means the Procurement Act 2023 (Specified International Agreements) (Amendment) (Wales) Regulations 2025(3).

Amendments to Schedule 9 to the 2023 Act

1. —(1) Schedule 9 to the 2023 Act(4) (treaty state suppliers (specified international agreements)) is amended as follows.

(2) Omit paragraph C1 and the italic headings before and after it.

(3) In paragraph 28, for “In any case other than a procurement regulated by the Welsh Ministers, the” substitute “The”.

Transitional provisions

1. —(1) The amendments made by regulation 2 do not affect any procurement commenced before the relevant day if before that day—

(a) a tender notice has been published in accordance with section 21(1) of the 2023 Act (tender notices and associated tender documents) or provided in accordance with section 40(1) to (3) of the 2023 Act (qualifying utilities dynamic market notices: no duty to publish a tender notice),

(b) a transparency notice has been published in accordance with section 44(1) of the 2023 Act (transparency notices),

(c) in respect of a contract to be awarded in accordance with a framework to which neither (a) nor (b) applies, a contracting authority has contacted a supplier in order to commence the award of that contract,

(d) a below-threshold tender notice has been published in accordance with section 87(1)(5) of the 2023 Act (regulated below-threshold contracts: notices), or

(e) in respect of a below-threshold contract to which sub-paragraph (d) does not apply, a contracting authority has contacted a supplier in order to commence the award of that contract.

(2) In this regulation—

“ below-threshold contract ” (“ contract sydd o dan y trothwy ”) has the meaning given by section 5(5) of the 2023 Act;

“ contracting authority ” (“ awdurdod contractio ”) has the meaning given by section 2(1) of the 2023 Act;

“ relevant day ” (“ diwrnod perthnasol ”) means the day on which the Comprehensive Economic and Trade Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of India(6) enters into force in accordance with article 30.6 of that Agreement.

Amendment to the 2025 Regulations

1. In regulation 4(1) of the 2025 Regulations (transitional provisions), in the appropriate place insert—

“ “ below-threshold contract ” (“ contract sydd o dan y trothwy ”) has the meaning given by section 5(5) of the 2023 Act; ”.

Mark Drakeford

The Cabinet Secretary for Finance and the Welsh Language, one of the Welsh Ministers

24 March 2026

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to Schedule 9 (treaty state suppliers (specified international agreements)) to the Procurement Act 2023 (“ the 2023 Act ”) in order to implement the procurement chapter of the Comprehensive Economic and Trade Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of India (“the UK-India CETA”) signed at Buckinghamshire on 24 July 2025.

Schedule 9 to the 2023 Act lists international agreements to which the United Kingdom is a party and which contain procurement obligations to which effect must be given in the United Kingdom. Regulation 2 of these Regulations amends Schedule 9 to the 2023 Act to reflect the provisions of the UK-India CETA.

Regulation 3 of these Regulations makes provision for transitional arrangements, so that these Regulations will not affect any procurement under the 2023 Act which relates to the UK-India CETA, where the procurement has commenced before the day on which that agreement enters into force.

Regulation 4 of these Regulations makes an amendment to regulation 4(1) of the Procurement Act 2023 (Specified International Agreements) (Amendment) (Wales) Regulations 2025 (S.I. 2025/1361 (W. 223)) by inserting a definition into the provision.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from The Commercial and Procurement Directorate, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.

(1) The Welsh Ministers are the “ appropriate authority ” as defined in section 123(1) of the Procurement Act 2023, subject to the restrictions set out in section 111(1) of that Act.

(2) 2023 c. 54.

(3) S.I. 2025/1361 (W. 223).

(4) Schedule 9 was amended by S.I. 2025/163, S.I. 2025/181 (W. 38), S.I. 2025/1337, S.I. 2025/1361 (W. 223) and S.I. 2026/297.

(5) Section 87 was amended by S.I. 2024/782 (W. 121).

(6) Signed at Buckinghamshire on 24 July 2025. A digital copy of the draft agreement was published as an unnumbered Command Paper, available on https://www.gov.uk/government/collections/comprehensive-economic-and-trade-agreement-between-the-united-kingdom-of-great-britain-and-northern-ireland-and-india. After the agreement is in force it will be available to view in the Treaty Series Collection of Command Papers.

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