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| | Wednesday 19 October 2011 |
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| | New Amendments handed in are marked thus  |
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| |  Amendments which will comply with the required notice period at their next appearance
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| | Public Services (Social Enterprise and Social Value) Bill
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| | Page 1, line 1, leave out Clause 1. |
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| | Page 2, line 8, leave out Clause 2. |
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| | Clause 3, page 2, line 31, leave out subsection (1) and insert— |
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| | | ‘(1) | If a relevant authority proposes to procure or make arrangements for procuring |
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| | | the provision of services, or the provision of services together with the purchase |
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| | | or hire of goods or the carrying out of works, by— |
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| | | (a) | entering into a public services contract that is not a contract based on a |
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| | | (b) | concluding a framework agreement as regards which public services |
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| | | contracts are likely to constitute the greater part by value of the contracts |
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| | | | it must comply with the requirements in subsections (2), (3) and (4) before |
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| | | starting the process of procurement. |
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| | | (1A) | The authority is to be treated for the purposes of subsection (1) as having started |
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| | | the process of procurement as regards what is proposed to be procured as soon as |
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| | | it takes whichever of the following steps is the first to occur— |
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| | | (a) | sending a notice to the Official Journal of the European Union for the |
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| | | purpose of inviting tenders, requests to be selected to tender or to |
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| | | negotiate or requests to participate in relation to a public services contract |
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| | | or framework agreement relating to what is proposed to be procured; |
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| | | (b) | publishing an advertisement seeking offers or expressions of interest in |
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| | | relation to such a contract or framework agreement; |
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| | | (c) | contacting a person in order to seek an offer or expression of interest in |
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| | | relation to such a contract or framework agreement; |
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| | | (d) | contacting a person in order to respond to an unsolicited offer or |
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| | | expression of interest in relation to such a contract or framework |
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| | | (e) | entering into such a contract or concluding such a framework |
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| | Clause 3, page 2, line 34, leave out from ‘consider’ to end of line 36 and insert ‘— |
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| | | (a) | how what is proposed to be procured might improve the economic, social |
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| | | and environmental well-being of the relevant area, and |
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| | | (b) | how, in conducting the process of procurement, it might act with a view |
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| | | to securing that improvement.’. |
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| | Clause 3, page 2, line 36, at end insert— |
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| | | ‘(2A) | In subsection (2) “the relevant area” means the area consisting of the area or areas |
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| | | of the one or more relevant authorities on whose behalf a public services contract |
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| | | is, or contracts based on a framework agreement are, intended to be made. |
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| | | (2B) | For the purposes of subsection (2A) the area of a relevant authority is an area |
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| | | consisting of the area or areas by reference to which the authority primarily |
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| | | exercises its functions, disregarding any areas outside the United Kingdom.’. |
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| | Clause 3, page 2, line 37, leave out from ‘subsection’ to ‘must’ in line 38 and insert |
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| | ‘(2)(b) only matters that are relevant to what is proposed to be procured and, in doing so,’. |
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| | Clause 3, page 2, line 41, leave out from ‘to’ to end of line 42 and insert ‘undertake |
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| | any consultation as to the matters that fall to be considered under subsection (2).’. |
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| | Clause 3, page 2, line 42, at end insert— |
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| | | ‘(4A) | If an urgent need to arrange the procurement in question makes it impractical to |
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| | | comply with the requirements in subsections (2), (3) and (4) before the time |
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| | | indicated by subsection (1), a relevant authority may disregard the requirements |
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| | | to the extent that it is not practical to comply with them. |
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| | | (4B) | Subsection (4A) does not apply to the extent that the time available is reduced by |
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| | | undue delay on the part of the authority after this section has come into force.’. |
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| | Clause 3, page 2, line 42, at end insert— |
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| | | ‘( ) | Failure to comply with subsection (1), (2), (3) or (4) does not affect the validity |
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| | | of anything done in order to comply with the Regulations.’. |
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| | Clause 3, page 2, line 43, leave out subsections (5) and (6). |
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| | Clause 3, page 3, line 6, leave out subsection (7). |
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| | Clause 3, page 3, line 10, leave out subsections (8) to (10) and insert— |
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| | | ‘(8A) | The following are not required to comply with subsections (1), (2), (3) and (4)— |
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| | | (b) | the First Minister for Wales; |
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| | | (c) | the Counsel General to the Welsh Assembly Government; |
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| | | (d) | the National Assembly for Wales Commission; |
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| | | (e) | a relevant authority whose functions are wholly or mainly Welsh |
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| | | (8B) | For the purposes of subsection (8A) a function of a relevant authority is a Welsh |
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| | | (a) | provision conferring or imposing that function upon the authority is |
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| | | within the legislative competence of the National Assembly for Wales, or |
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| | | (b) | provision conferring or imposing that function upon the authority is made |
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| | | by the Welsh Ministers.’. |
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| | Clause 3, page 3, line 32, at end insert— |
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| | | ‘( ) | This section has effect in relation to a relevant authority’s proposed procurement |
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| | | or arrangements for procurement only if the public services contract or |
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| | | framework agreement in contemplation is such that the Regulations would have |
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| | | effect in relation to it.’. |
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| | Clause 3, page 3, line 32, at end insert— |
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| | | ‘( ) | If anything done before the commencement of this section would to any extent |
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| | | have satisfied the requirements in subsections (1), (2), (3) and (4) if done after that |
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| | | commencement, the requirements are to that extent to be treated as satisfied.’. |
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| | Clause 3, page 3, line 33, at end insert— |
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| | | ‘“framework agreement” has the same meaning as in the Regulations, and a |
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| | | reference to a contract based on a framework agreement is a reference to |
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| | | a contract entered into on terms established by such an arrangement; |
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| | | “public services contract” has the same meaning as in the Regulations (and |
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| | | includes a contract that is treated as being a public services contract by |
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| | Clause 3, page 3, leave out lines 34 and 35. |
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| | Clause 3, page 3, line 36, leave out from ‘(S.I. 2006/5)’ to end of line 38 and insert |
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| | ‘, or any regulations replacing those regulations, as from time to time amended;’. |
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| | Clause 5, page 4, line 2, leave out ‘Social Enterprise and’. |
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| | Clause 5, page 4, line 5, at end insert— |
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| | | ‘( ) | Sections 3 and (Local authority contracts) come into force on such day as a |
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| | | Minister of the Crown may by order made by statutory instrument appoint.’. |
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| | Clause 5, page 4, line 6, leave out subsection (3). |
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| | | Local authority contracts |
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| | To move the following Clause:— |
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| | | ‘In section 17 of the Local Government Act 1988 (exclusion of non-commercial |
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| | | considerations in the case of local and other public authority contracts), after |
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| | | “(11) | This section does not prevent a public authority to which it applies from |
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| | | exercising any function regulated by this section with reference to a non- |
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| | | commercial matter to the extent that the authority considers it necessary |
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| | | or expedient to do so to enable or facilitate compliance with a duty |
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| | | imposed on it by section 3 of the Public Services (Social Value) Act |
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