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Defined terms — Procurement Act 2023

United Kingdom · ukpga/2023/54 · 1280 provisions

150 defined in this instrument.

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a qualifying utilities dynamic market notice — a dynamic market notice under section 39(2) (dynamic market notices) that— relates to the establishment of a utilities dynamic market, and sets out— that only members of the market will be notified of a future intention to award a contract by reference to suppliers’ membership of the market, and any other information specified in regulations under section 95 Section 40(6)
air service — a flight, or a series of flights, carrying passengers or cargo (including mail) Schedule 2, Part 2, paragraph 36(2)
airport — any area especially adapted for air services Schedule 2, Part 2, paragraph 36(2)
ancillary service — a service listed as such in Part 3A of Schedule 2 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544); “financial instrument”, “investment firm” and “qualifying credit institution” have the meanings given in Article 3 of that Order Schedule 2, Part 2, paragraph 16(2)
appropriate authority — — (but see section 83A(2) for a different meaning of “appropriate authority” in Part 5A (outsourcing: protection of workers)); a Minister of the Crown, the Welsh Ministers, or a Northern Ireland department; “enactment” includes primary legislation and legislation made under primary legislation; “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975; “modify”, in relation to enactments, includes amend, repeal or revoke; “Northern Ireland legislation” has the meaning given in section 24(5) of the Interpretation Act 1978 Section 123(1)
appropriate supplier — a supplier that— is not an excluded supplier, and could have been relied on in place of the supplier referred to in subsection (1)(b)(ii) Section 72(4)
assessment summary — in relation to an assessed tender, information about the contracting authority’s assessment of— the tender, and if different, the most advantageous tender submitted in respect of the contract Section 50(4)
associated person — a person that the supplier is relying on in order to satisfy the conditions of participation (see section 22(8)), but not a person who is to act as guarantor as described in section 22(9) Section 26(4)
Associated tender document — in relation to a tender notice, a document setting out information specified in regulations under section 95 that supplements that set out in the tender notice Section 21(4)
award criteria — criteria set in accordance with this section against which tenders may be assessed for the purpose of awarding a public contract under section 19 (award following competitive tendering procedure) Section 23(1)
below-threshold contract — — that has an estimated value of less than the threshold amount for the type of contract. a contract for the supply, for pecuniary interest, of goods, services or works to a contracting authority, a framework, or a concession contract Section 5(5)
central government authority — a contracting authority specified, or of a description specified, in regulations made by an appropriate authority Schedule 1, paragraph 5(1)
centralised procurement authority — a contracting authority that is in the business of carrying out procurement for or on behalf of, or for the purpose of the supply of goods, services or works to, other contracting authorities Section 1(4)
classified information — information or other material which— in the interests of national security, requires protection from unauthorised access, distribution, or destruction, or from other compromise, and on the basis of those interests, has that protection under the law of any part of the United Kingdom; “decommissioning”, in relation to equipment, includes— withdrawal of equipment from use; disposal or destruction of equipment; “development”, in relation to equipment, includes— research allowing for the development of equipment, and development of industrial processes allowing for the production of equipment; “equipment” includes any part, component or subassembly of equipment; “maintenance”, in relation to equipment, includes— repair of equipment; modernisation of equipment; modifications to equipment; installing equipment, including after its transport to a new location; testing equipment Section 7(7)
CMA — the Competition and Markets Authority; “conduct” includes acts and omissions; “connected person”, in relation to a supplier, means any of the following— a person with “significant control” over the supplier (within the meaning given by section 790C(2) of the Companies Act 2006 (“CA 2006”)); a director or shadow director of the supplier; a parent undertaking or a subsidiary undertaking of the supplier; a predecessor company; any other person who it can reasonably be considered stands in an equivalent position in relation to the supplier as a person within paragraph (a) to (d); any person with the right to exercise, or who actually exercises, significant influence or control over the supplier; any person over which the supplier has the right to exercise, or actually exercises, significant influence or control; “court” includes a tribunal; “decision-maker”, in relation to a supplier, means a contracting authority or an appropriate authority that is considering whether a mandatory exclusion ground applies to the supplier; “director” has the meaning given in section 250 of CA 2006 Schedule 6, Part 3, paragraph 45
comparable contract — a contract that was— a contract for the same kind of services, awarded by the same contracting authority, and awarded in reliance on this section Section 33(7)
competitive selection process — a competitive selection process for the award of a public contract in accordance with a framework Section 46(10)
complete work — a functioning structure that results from the carrying out of works; the Schedule 1, paragraph 5(1)
concession contract — a contract for the supply, for pecuniary interest, of works or services to a contracting authority where— at least part of the consideration for that supply is a right for the supplier to exploit the works or services, and under the contract the supplier is exposed to a real operating risk Section 8(1)
condition of participation — a condition that a supplier must satisfy in order to be awarded a public contract in accordance with the framework Section 46(2)
contract award notice — a notice setting out— that the contracting authority intends to enter into a contract, and any other information specified in regulations under section 95 Section 50(2)
contract details notice — a notice setting out— that the contracting authority has entered into a contract, and any other information specified in regulations under section 95 Section 53(2)
contract regulated by Scottish procurement legislation — a contract the procurement of which by a devolved Scottish authority is regulated by Scottish procurement legislation; in relation to a contract regulated by Scottish procurement legislation— Section 83B(5)
contracting authority — — other than an excluded authority. a public authority, or in the case of a utilities contract, a public authority, public undertaking or private utility Section 2(1)
contracting authority — a devolved Scottish authority that is a contracting authority within the meaning of the relevant Scottish procurement legislation; “framework agreement” has the same meaning as in the relevant Scottish procurement legislation Section 83B(5)
covered procurement — the award, entry into and management of a public contract Section 1(1)
debarment list — the list kept under section 62 Section 57(5)
defeat — that— is met in respect of the arrangements (where “T” in those paragraphs is taken to mean the supplier or connected person entering into the arrangements); Condition A in paragraph 5 of Schedule 16 to the Finance (No. 2) Act 2017, or Condition B in paragraph 6 of that Schedule Schedule 6, Part 2, paragraph 40(2)
defence and security contract — a contract for the supply of— military equipment; sensitive equipment; goods, services or works necessary for the development, production, maintenance or decommissioning of military equipment or sensitive equipment; logistics services relating to military equipment or sensitive equipment; goods, services or works for wholly military purposes; sensitive services or sensitive works; goods, services or works that are otherwise relevant to the operational capability, effectiveness, readiness for action, safety or security of the armed forces Section 7(1)
defence authority contract — a defence and security contract awarded by a defence authority Section 7(4)
devolved procurement — procurement carried out by a devolved Scottish authority; a reference to discrimination is a reference to discrimination as defined in section 90 Section 91(5)
dynamic market — arrangements established under section 35(1); references to a contract being awarded by reference to suppliers’ membership of a dynamic market are references to a contract being awarded in reliance on this section; references to suppliers’ membership of a dynamic market are references to suppliers’ participation in arrangements established under section 35(1) Section 34(8)
electronic invoice — an invoice which is issued, transmitted and received in a structured electronic format that allows for its automatic and electronic processing Section 67(3)
equivalent body — in relation to a centralised procurement authority, a body carrying out functions of a kind described in section 1(4) (centralised procurement authorities); “framework” includes a framework agreement within the meaning given in Scottish procurement legislation; “similar arrangement” includes, in relation to a dynamic market, a dynamic purchasing or qualification system Section 114(6)
event — a conviction, decision, ruling, failure or other event by virtue of which a mandatory exclusion ground would apply to a supplier Schedule 6, Part 3, paragraph 45
event — a conviction, decision, ruling, failure or other event by virtue of which a discretionary exclusion ground would apply to a supplier; “information” includes evidence verifying that information Schedule 7, paragraph 16
exclusion ground — a mandatory exclusion ground or a discretionary exclusion ground Section 59(6)
existing goods, services or works — goods, services or works already supplied, or contracted to be supplied, to the contracting authority Schedule 5, paragraph 9
existing legislation — 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 Section 127(8)
existing supplier — the supplier that has already supplied, or contracted to supply, the existing goods, services or works Schedule 5, paragraph 9
existing supplier — a supplier that is party to a framework under the open framework Section 49(8)
financial year — a year beginning with 1 April or a year beginning with such other date as may be agreed between the Secretary of State and a designated person Schedule 10, paragraph 13(3)
financial year — — the period of twelve months beginning with the 1 April following the day on which this section comes into force, and each successive period of 12 months Section 93(4)
GPA — the Agreement on Government Procurement signed at Marrakesh on 15 April 1994, as amended from time to time Schedule 1, paragraph 5(1)
HMRC — His Majesty’s Revenue and Customs; “parent undertaking” and “subsidiary undertaking” have the meanings given in section 1162 of CA 2006 Schedule 6, Part 3, paragraph 45
horizontal arrangement — an arrangement— entered into— with the aim of achieving objectives the authorities have in common in connection with the exercise of their public functions; solely in the public interest; in which no more than 20 per cent of the activities contemplated by the arrangement are intended to be carried out other than for the purposes of the authorities’ public functions Schedule 2, Part 1, paragraph 3(2)
information — information shared under, or for a purpose relating to, this Act Section 97(3)
intelligence services — the Security Service, the Secret Intelligence Service and the Government Communications Headquarters Section 41(7)
investment management activities — activities involved in or connected with the management of funds or other assets for which a local government pension scheme manager is responsible (including making and managing investments on behalf of the scheme manager) Schedule 2, Part 1, paragraph 2A(6)
investment service or activity — a service or activity listed as such in Part 3 of Schedule 2 to that Order Schedule 2, Part 2, paragraph 16(2)
known risk — a risk that— the contracting authority considered— could jeopardise the satisfactory performance of the contract, but because of its nature, could not be addressed in the contract as awarded, and was identified in the tender or transparency notice for award of the contract, including by reference to— it meeting the description in paragraph (a), and the possibility of modification under paragraph 5 Schedule 8, paragraph 6
lawyer — — a person who is an authorised person or an exempt person in relation to a reserved legal activity for the purposes of the Legal Services Act 2007 (see sections 18 and 19 of that Act); a solicitor or advocate in Scotland; a solicitor or barrister in Northern Ireland; a person who is a member, and entitled to practise as such, of a legal profession regulated in a jurisdiction outside the United Kingdom; “other dispute resolution proceedings” includes arbitration, mediation and conciliation Schedule 2, Part 2, paragraph 14(3)
light touch contract — a contract wholly or mainly for the supply of services of a kind specified in regulations under subsection (2) Section 9(1)
local government pension scheme manager — a person who is, by virtue of section 4(5) of the Public Service Pensions Act 2013, a scheme manager for a pension scheme for local government workers in England and Wales; “participating scheme manager”, in relation to an asset pool company, means a local government pension scheme manager who participates in the company within the meaning of section 1(9)(b) of the Pension Schemes Act 2026 Schedule 2, Part 1, paragraph 2A(6)
material breach — a breach that the contracting authority considers could reasonably result in a successful legal challenge under Part 9 or otherwise Section 78(12)
member of the Welsh Government — a person referred to in section 45 of the Government of Wales Act 2006 Section 81(4)
military equipment — equipment specifically designed or adapted for military purposes, including— arms, munitions or war material, and any of the military goods, software and technology the export or transfer of which is controlled by virtue of Schedule 2 to the Export Control Order 2008 (S.I. 2008/3231), as amended from time to time Section 7(7)
Minister — — a Minister of the Crown; a member of the Welsh Government; the First Minister, deputy First Minister or a Northern Ireland Minister Section 81(4)
necessary — necessary to— protect human, animal or plant life or health, or protect public order or safety Section 42(2)
negotiated tendering period — a tendering period agreed between a contracting authority and pre-selected suppliers in circumstances where tenders may be submitted only by those pre-selected suppliers; “qualifying planned procurement notice” has the meaning given in section 15 Section 54(5)
notifiable tax arrangements — tax arrangements in respect of which a reference number— has been notified to the supplier or connected person under section 311A, 312 or 312ZA of the Finance Act 2004 (disclosure of tax avoidance schemes) or paragraph 22A, 23 or 23A of Schedule 17 to the Finance (No. 2) Act 2017 (disclosure of tax avoidance schemes: VAT and other indirect taxes), and has not been withdrawn; “tax arrangements” has the meaning given in paragraph 3(1) of Schedule 16 to the Finance (No. 2) Act 2017 Schedule 6, Part 2, paragraph 40(2)
novel goods or services — goods or services designed or developed at the request of the contracting authority Schedule 5, paragraph 3
parent undertakings — two or more contracting authorities acting jointly that would, if they were a single undertaking, be a parent undertaking Schedule 2, Part 1, paragraph 2(4)
Part 2-only contract — 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 Schedule 2, Part 2, paragraph 7(4)
participating supplier — a supplier that— has submitted a request to participate in, or a tender as part of, the competitive tendering procedure, and has not been excluded in accordance with the procedure or under this Act Section 31(7)
participation period — the period beginning with the day following the day on which a contracting authority invites the submission of requests to participate in a competitive flexible procedure and ending with the day by which those requests must be submitted Section 54(5)
payee — the person due to be paid under the invoice concerned; a reference to a contracting authority receiving an invoice includes a reference to an invoice being delivered to an address, or through an electronic invoicing system, specified in the contract for the purpose Section 68(11)
payee — the person due to be paid under the invoice concerned; a reference to a contracting authority receiving an invoice includes a reference to an invoice being delivered to an address specified in the contract for the purpose Section 88(13)
payments compliance notice — a notice setting out— specified information about the contracting authority’s compliance with the term set out in section 68(2) (payment within 30 days), and any other specified information Section 69(2)
pipeline notice — a notice setting out specified information about any public contract with an estimated value of more than £2 million in respect of which the contracting authority intends to publish a tender notice or transparency notice during the reporting period Section 93(3)
planned procurement notice — a notice setting out— that the contracting authority intends to publish a tender notice, and any other information specified in regulations under section 95 Section 15(2)
pre-selected supplier — a supplier that— has been assessed as satisfying conditions of participation before being invited to submit a tender as part of a competitive tendering procedure, or in the case of a contract that is being awarded by reference to suppliers’ membership of a dynamic market, is a member of that market Section 54(5)
predecessor company — a company which— became insolvent and ceased to trade, before it ceased to trade, carried on the same or substantially the same business as the supplier, has transferred all or substantially all of its assets to the supplier, and had at least one director or shadow director who is or has been a director or shadow director of the supplier; “shadow director” has the meaning given in section 251 of CA 2006 Schedule 6, Part 3, paragraph 45
preliminary market engagement notice — a notice setting out— that the contracting authority intends to conduct, or has conducted, preliminary market engagement, and any other information specified in regulations under section 95 Section 17(2)
primary legislation — — an Act of Parliament, an Act of the Scottish Parliament, an Act or Measure of Senedd Cymru, or Northern Ireland legislation Section 123(1)
private utility — a person that— is not a public authority or public undertaking, and carries out a utility activity Section 2(2)
procurement — the award, entry into and management of a contract Section 1(1)
procurement documents — — the tender notice or associated tender documents, including any requirements of a competitive tendering procedure, conditions of participation or award criteria; documents inviting suppliers to participate in a competitive selection process under a framework, including details of the process, any conditions of participation or criteria for the award of the contract; documents inviting suppliers to apply for membership of a dynamic market, including any conditions for membership Section 56(9)
procurement investigation — an investigation under subsection (1) Section 108(5)
public authority — a person that is— and does not operate on a commercial basis (but see subsections (9) and (10)); wholly or mainly funded out of public funds, or subject to public authority oversight Section 2(2)
public service mutual — a body that— operates for the purpose of delivering public services and mainly for the purpose of delivering one or more reservable light touch services, is run on a not-for-profit basis or provides for the distribution of profits only to members, and is under the management and control of its employees Section 33(6)
public sub-contract — a contract substantially for the purpose of performing (or contributing to the performance of) all or any part of a public contract Section 73(5)
public undertaking — a person that— is subject to public authority oversight, and operates on a commercial basis Section 2(2)
pupil referral unit — — in England, a pupil referral unit within the meaning given by section 19 of the Education Act 1996; in Wales, a pupil referral unit within the meaning given by section 19A of the Education Act 1996 Section 123(1)
qualifying planned procurement notice — a planned procurement notice published at least 40 days but not more than 12 months before the day on which the tender notice is published Section 15(3)
qualifying public service mutual — a public service mutual that has not entered into a comparable contract during the period of three years ending with the day on which the contract referred to in subsection (1) is awarded Section 33(5)
quarter — a period of three months ending with 31 March, 30 June, 30 September or 31 December in any year Section 70(5)
regulated authority — — a contracting authority, another public authority, or an authority outside the United Kingdom that the decision-maker considers to be equivalent Schedule 7, paragraph 12(6)
regulated below-threshold contract — a below-threshold contract which is not— an exempted contract, a concession contract, or a utilities contract Section 84(1)
regulated health procurement — 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 Section 120(2)
regulated health service procurement in Wales — the procurement of goods or services by a relevant authority that is subject to provision made under section 10A of the National Health Service (Wales) Act 2006 (c. 42) (procurement of services etc. as part of the NHS in Wales), whether or not that provision is in force; “relevant authority has the meaning given in that section Section 120A(2)
relevant appropriate authority — — if the contracting authority is a devolved Welsh authority, the Welsh Ministers; if the contracting authority is a transferred Northern Ireland authority, the Northern Ireland department that the contracting authority considers it most appropriate to notify; in any other case, a Minister of the Crown Section 59(6)
relevant authority — an authority to which section 17 of the 1988 Act applies other than a devolved Scottish authority Section 116(4)
relevant contract — a contract to which a regulated authority is party Schedule 7, paragraph 12(6)
relevant contracting authority — a contracting authority other than— a Minister of the Crown or a government department; the Welsh Ministers; a Northern Ireland department; the Corporate Officer of the House of Commons; the Corporate Officer of the House of Lords; the Senedd Commission; the Northern Ireland Assembly Commission; a private utility Section 108(5)
relevant contracting authority — a contracting authority other than— a Minister of the Crown or a government department, the Corporate Officer of the House of Commons, or the Corporate Officer of the House of Lords Section 29(4)
relevant contracting authority — a contracting authority other than— a Minister of the Crown or a government department, the Corporate Officer of the House of Commons, or the Corporate Officer of the House of Lords Section 79(3)
relevant contracts — any contracts for the supply of goods, services or works to the contracting authority other than exempted contracts Section 93(4)
relevant debarment information — — the exclusion ground to which the entry relates; whether the exclusion ground is mandatory or discretionary; in the case of an entry made on the basis of paragraph 35 of Schedule 6 (threat to national security), a description of the contracts in relation to which the supplier is to be an excluded supplier; the date on which the Minister expects the exclusion ground to cease to apply (see paragraph 44 of Schedule 6 and paragraph 15 of Schedule 7) Section 62(4)
relevant documents — documents or other information that— are specified or described in a notice under subsection (2), and are in the possession or control of the relevant contracting authority to which the notice is given; “section 109 recommendation” has the meaning given in section 109 Section 108(5)
relevant documents — documents or other information that— are specified or described in a notice under subsection (4) or (6), and are in the possession or control of the recipient of the notice; “relevant exclusion ground” has the meaning given in section 59 Section 60(8)
relevant exclusion ground — any exclusion ground except the one listed in paragraph 43 of Schedule 6 (failure to cooperate with investigation) Section 59(6)
relevant joint venture — a joint venture— formed for the purpose of carrying out a utility activity; where each party to the joint venture is a utility Schedule 2, Part 1, paragraph 5(2)
relevant notice — — a tender notice, a transparency notice, a dynamic market notice in relation to the establishment of a dynamic market, a contract details notice relating to a public contract, or a contract change notice; “terminated” is to be understood by reference to section 80(3) Section 83(8)
relevant outsourcing contract — a contract in relation to which conditions A to C are met Section 83B(1)
relevant scheduled air service — an air service that— operates between two airports within the United Kingdom or within the United Kingdom and Gibraltar, and the Secretary of State considers to be necessary in order to maintain sufficient transport links between the areas served by the airports Schedule 2, Part 2, paragraph 36(2)
relevant sub-contract — a contract substantially for the purpose of performing (or contributing to the performance of) all or any part of the exempted contract; “reserved matters” has the same meaning as in the Scotland Act 1998 Section 2(12)
reporting period — the period of 18 months beginning with the first day of the financial year referred to in subsection (1) Section 93(4)
required electronic form — a form that— complies with the standard for electronic invoicing approved and issued by the British Standards Institution in the document numbered BS EN 16931-1:2017 (Electronic invoicing - Part 1: Semantic data model of the core elements of an electronic invoice), and uses a syntax which is listed as a syntax that complies with that standard in the document numbered PD CEN/TS 16931-2:2017 (Electronic invoicing - Part 2: List of syntaxes that comply with EN 16931-1) approved and issued by the British Standards Institution Section 67(3)
research and development services — services that consist of one or more of the following activities— research to acquire new scientific or technical knowledge without any particular application or use in view; research directed mainly at generating scientific or technical knowledge for the purposes of a particular objective; development which uses existing knowledge to initiate the manufacture of new materials or products, establish new processes, systems or services, or to achieve a substantial improvement in existing materials, products, processes, systems or services; the manufacture and testing of prototypes Schedule 2, Part 2, paragraph 22(2)
reservable light touch services — services of a kind specified in regulations under subsection (8) Section 33(7)
school — — the governing body of a maintained school (see section 19(1) of the Education Act 2002); the proprietor, within the meaning given by section 579(1) of the Education Act 1996, of an Academy within the meaning given by that section; the proprietor, within the meaning given by section 579(1) of the Education Act 1996, of a school that has been approved under section 342 of that Act; the governing body, within the meaning given by section 90 of the Further and Higher Education Act 1992, of an institution within the further education sector within the meaning given by section 91 of that Act; the Board of Governors of a grant-aided school within the meaning given by Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3)) Section 123(1)
Scottish procurement legislation — — the Procurement Reform (Scotland) Act 2014 (asp 12), the Public Contracts (Scotland) Regulations 2015 (S.S.I. 2015/446), the Utilities Contracts (Scotland) Regulations 2016 (S.S.I. 2016/49), the Concession Contracts (Scotland) Regulations 2016 (S.S.I. 2016/65), and any legislation which modifies or replaces that legislation (including an Act of the Scottish Parliament) Section 115(4)
sensitive equipment — equipment for use for security purposes where— the use or supply of the equipment may involve dealing with classified information, the supply of the equipment requires access to a physical site or to other equipment as a result of which classified information is likely to be accessible to the supplier, or the equipment contains classified information Section 7(7)
sensitive services — services performed for security purposes where performing the services— and includes the training of personnel to use sensitive equipment; involves dealing with classified information, or requires access to a physical site or to equipment as a result of which sensitive equipment or classified information is likely to be accessible to the supplier Section 7(7)
sensitive works — works undertaken for security purposes, where undertaking the works— involves dealing with classified information, or requires access to a physical site or to equipment as a result of which sensitive equipment or classified information is likely to be accessible to the supplier; “supply”, in relation to equipment, other goods, services or works, includes the development of the equipment, other goods, services or works for the purposes of their supply to the contracting authority; “wholly military purposes” include— the transportation of military personnel or military equipment; the training of military personnel; the training of other personnel to use military equipment; the construction of military facilities, including military airfields, military storage facilities or facilities for the maintenance of military equipment Section 7(7)
small and medium-sized enterprises — suppliers that— have fewer than 250 staff, and have a turnover of an amount less than or equal to £44 million, or a balance sheet total of an amount less than or equal to £38 million Section 123(1)
special regime contract — — 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). a concession contract, a defence and security contract, a light touch contract, or a utilities contract Section 10(6)
specified — specified, or of a description specified, in regulations under this section Section 116(4)
specified — specified in regulations made by an appropriate authority Section 83C(4)
specified activity — an activity specified in paragraph 1(1), 2(1), 3(1) or 4; “supply” includes— production, but not the production of gas in the form of extraction (as to which, see paragraph 6), and generation and wholesale or retail sale Schedule 4, Part 1, paragraph 7
specified information — information specified in regulations under section 95 Section 69(5)
specified information — information specified in regulations under section 95 Section 70(5)
specified information — information specified in regulations under section 95 Section 93(4)
specified regulations — regulations to bring into force provisions regulating procurement by a devolved Welsh authority other than procurement under— but “specified regulations” does not include regulations to bring into force provisions in Part 7 (implementation of international obligations). a reserved procurement arrangement, or a transferred Northern Ireland procurement arrangement Section 127(4)
specified set-aside proceedings — proceedings under section 104(2) to— set aside a public contract in circumstances where the contracting authority did not publish a contract details notice in respect of the contract in accordance with section 53, or set aside a modification of a contract Section 106(5)
sub-central government authority — a contracting authority that is not— a central government authority, or a private utility or a public undertaking; “works” has the meaning given by regulations made by an appropriate authority Schedule 1, paragraph 5(1)
supplier — an economic operator within the meaning of the relevant Scottish procurement legislation Section 83B(5)
supported employment provider — an organisation that operates wholly or partly for the purpose of providing employment, or employment-related support, to disabled or disadvantaged individuals where— disabled or disadvantaged individuals represent at least 30 per cent of the workforce of the organisation, if a particular part of the organisation is to perform the contract, disabled or disadvantaged individuals represent at least 30 per cent of the workforce of that part of the organisation, or if more than one organisation is to perform the contract, disabled or disadvantaged individuals represent at least 30 per cent of the combined workforce of— those organisations, where a particular part of each organisation is to perform the contract, those parts, or where a combination of organisations and parts is to perform the contract, those organisations and parts Section 32(4)
tax — a tax imposed under the law of any part of the United Kingdom, including national insurance contributions under— Part 1 of the Social Security Contributions and Benefits Act 1992, or Part 1 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 Schedule 6, Part 1, paragraph 30(2)
tender notice — a notice setting out— that a contracting authority intends to award a public contract under section 19, and any other information specified in regulations under section 95 Section 21(2)
tendering period — the period beginning with the day following the day on which a contracting authority invites the submission of tenders as part of a competitive tendering procedure and ending with the day by which tenders must be submitted Section 54(5)
terms of a covered procurement — anything set out in a tender notice or associated tender documents, including any requirements of a competitive tendering procedure, conditions of participation or award criteria Section 31(7)
the court — — in England and Wales, the High Court, in Northern Ireland, the High Court, and in Scotland, the Court of Session Section 100(9)
the court — — in England and Wales, the High Court, in Northern Ireland, the High Court, and in Scotland, the Court of Session; “debarment standstill period” has the meaning given in subsection (6) of section 62 (debarment list) Section 63(5)
the national procurement policy statement — the statement for the time being published under this section Section 13(2)
the relevant Scottish procurement legislation — the Scottish procurement legislation regulating the procurement of the contract Section 83B(5)
the Wales procurement policy statement — the statement for the time being published under this section Section 14(2)
transparency notice — a notice setting out— that a contracting authority intends to award a contract directly, and any other information specified in regulations under section 95 Section 44(2)
treaty state — a state, territory or organisation of states or territories that is party to an international agreement specified in Schedule 9, other than the United Kingdom Section 90(5)
treaty state supplier — a supplier that is entitled to the benefits of an international agreement specified in Schedule 9 Section 89(1)
United Kingdom standard — a standard that is— set by the British Standards Institution, or primarily developed for use in the United Kingdom, or part of the United Kingdom Section 56(9)
United Kingdom supplier — a supplier that is— established in, or controlled or mainly funded from, the United Kingdom, a British Overseas Territory or a Crown Dependency, and is not a treaty state supplier Section 90(7)
user choice services — services— that are of a kind specified in regulations under section 9 (light touch contracts), that are supplied for the benefit of a particular individual, and in respect of which a contracting authority would, in awarding a contract for their supply, be required under an enactment to have regard to the views of the individual, or a person providing care to the individual (their “carer”), in relation to who should supply the services Schedule 5, paragraph 16
utilities contract — a contract for the supply of goods, services or works wholly or mainly for the purpose of a utility activity Section 6(1)
utilities dynamic market — a dynamic market established only for the purpose of the award of utilities contracts by utilities Section 35(2)
utility — — a public authority, or public undertaking, that carries out a utility activity; a private utility Section 35(4)
utility activity — an activity that— is specified in Part 1 of Schedule 4, is not specified in Part 2 of Schedule 4, is not carried out wholly outside the United Kingdom, 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 Section 6(2)
VAT — value added tax Section 123(1)
working day — a day other than— a Saturday or Sunday, or a day which is a bank holiday in any part of the United Kingdom under the Banking and Financial Dealings Act 1971 Section 123(1)