Anthony Collins Solicitors LLP
6 Experts
1 Contributions by Anthony Collins Solicitors LLP
PRACTICE NOTES
Stop Press :
On 24 February 2025, the principal provisions of the Public Procurement Act 2023 (PA 2023) take effect. We are in the process of reviewing and revising our content accordingly. Please note that procurements launched on or after 24 February must proceed under PA 2023, while those commenced under the earlier regime—the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must continue to be conducted and managed under that legislation. For background reading and context, see Practice Note: Introduction to the Procurement Act 2023—PA 2023.
Framework agreements are employed to procure construction projects across both public and private sectors. They are, however, far more common in the public sector, where they are governed by the public procurement rules. This Practice Note explores the procurement and tendering of
Construction
11 Contributions by Anthony Collins Solicitors LLP Experts
PRACTICE NOTES
STOP PRESS:
From 24 February 2025, the core provisions of the Procurement Act 2023 (PA 2023) apply. Any procurement commenced on or after that date must follow PA 2023. Procedures started under the previous framework—the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must continue to be run and administered under those regimes. See Practice Note: Introduction to the Procurement Act 2023—PA 2023.
PCR 2015 as assimilated law: PCR 2015 are EU-derived domestic legislation and therefore constitute assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law.
Broadly, two categories of consultants are engaged in public procurement:
consultants with technical expertise in the subject matter (for example,
Local Government
PRACTICE NOTES
Byelaws are local laws or statutory provisions that carry legal effect within the specific areas to which they relate. They typically require certain actions to be taken, or forbid particular conduct, in defined locations, and breaches attract a sanction or penalty. In England, local authorities make byelaws to ensure things are done, or not done, across part or all of their area. For such orders to be observed, they must be enforceable in law. Accordingly, a byelaw must be:
within the local authority’s lawful powers
made by the proper decision-maker
adopted through a transparent process
expressed in clear and definite terms
Local authority powers
The authority to create a byelaw is granted by statute, either in a specific form or more generally. Specific enactments permit regulation of particular activities, for example:
public walks and pleasure grounds
the
Local Government
PRACTICE NOTES
What standard form framework agreements are published?
There are several recognised standard form construction framework agreements:
the JCT Framework Agreement (JCT FA)
the ACA Framework Alliance Contract (ACA FAC-1)
the NEC3/NEC4 Framework Contract (NEC FC)
JCT FA
The JCT FA was originally issued in 2005 as a non-binding document, aimed chiefly at private sector use. After criticism that it was unsuitable for public sector adoption (a major user of frameworks), it was updated in 2007. A further 2011 revision aligned it with the amended Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996), and the latest version appeared in 2017, described as the 2016 edition to align with the 2016 JCT suite. JCT guidance confirms the JCT FA is intended for procuring works over a period. Call-off contracts made under the JCT FA are to be governed by the JCT form most appropriate to the particular works being called
Construction
PRACTICE NOTES
Stop Press :
From 24 February 2025, the core provisions of the Public Procurement Act 2023 (PA 2023) take effect. We are reviewing and refreshing our materials accordingly.
Please note that any procurement initiated on or after 24 February must proceed under PA 2023. Procurements commenced under the preceding regimes — the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011 — must continue to be run and administered under those rules.
For background, see Practice Note: Introduction to the Procurement Act 2023—PA 2023.
This Practice Note examines call-off mechanisms within framework agreements in the construction sector. It focuses mainly on how call-offs are made in the private market, while also addressing public sector framework call-off procedures and signposting to fuller guidance for that
Construction
PRACTICE NOTES
This guidance addresses the position before the Procurement Act 2023. It provides advice for public procurement exercises started prior to the Procurement Act 2023 (PA 2023) taking effect on 24 February 2025. Procurements within scope that commence on or after that date are governed by PA 2023. Under PA 2023’s transitional and savings provisions, the former public procurement regimes continue insofar as needed for contracting authorities to complete and administer procurements begun before PA 2023 commenced (ie ongoing procurements). This Practice Note should be considered on that basis. For background reading, see Practice Note: Introduction to the Procurement Act 2023—PA 2023. Further practical guidance on PA 2023 appears under a separate subtopic, see: Procurement Act 2023—overview, which includes the Practice Note: Disclosure in connection with procurement challenges—PA 2023.
Aspects of disclosure in public procurement
There are several facets to disclosure in public
Local Government
PRACTICE NOTES
STOP PRESS
From 24 February 2025, the principal provisions of the Procurement Act 2023 (PA 2023) are in force. Any procurement initiated on or after that date must proceed under PA 2023, while procedures commenced under the previous framework—the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must continue to be conducted and managed under those rules. See Practice Note: Introduction to the Procurement Act 2023—PA 2023.
PCR 2015 as assimilated law
PCR 2015 are EU-derived domestic legislation and therefore constitute assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018. For practical guidance on the status and construction of assimilated law, see Practice Note: Assimilated law.
Introduction
A contracting authority may decide to terminate an award procedure. This Practice Note covers:
the discretion to discontinue and when
Local Government
PRACTICE NOTES
STOP PRESS:
As at 24 February 2025, the principal provisions of the Procurement Act 2023 (PA 2023) are in effect. Procurements commenced on or after this date must proceed in accordance with PA 2023, while those started under the earlier regimes (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be conducted under that legislation. See Practice Note: Introduction to the Procurement Act 2023—PA 2023.
PCR 2015 as assimilated law
PCR 2015 are EU-derived domestic legislation and therefore constitute assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law.
STOP PRESS:
The Procurement Act 2023 comes into force on 28 October 2024. For further reading, see Practice Note:
Local Government
PRACTICE NOTES
STOP PRESS:
From 24 February 2025, the principal parts of the Procurement Act 2023 (PA 2023) have taken effect. Any procurement launched on or after that date must proceed under PA 2023, while procedures initiated under the earlier regime (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be run and administered in line with those rules. See Practice Note: Introduction to the Procurement Act 2023—PA 2023.
PCR 2015 as assimilated law
PCR 2015 are EU-derived domestic legislation and therefore constitute assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018. For practical guidance on the standing and interpretation of assimilated law, see Practice Note: Assimilated law.
Legal regime
Framework agreements are ever more common for procuring works, services and supplies. Uses include calling off
Local Government
PRACTICE NOTES
STOP PRESS:
From 24 February 2025, the core provisions of the Procurement Act 2023 (PA 2023) now apply. Any procurement launched on or after that date must proceed under PA 2023, while procedures started under the earlier instruments—the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must continue to be run and administered in line with those rules. See Practice Note: Introduction to the Procurement Act 2023—PA 2023.
PCR 2015 as assimilated law
PCR 2015 are EU-derived domestic legislation and therefore constitute assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018. For practical guidance on the standing and interpretation of assimilated law, see Practice Note: Assimilated law.
Public procurement reform
The UK public procurement framework stems from EU public procurement law, and was
Local Government
PRACTICE NOTES
STOP PRESS:
As of 24 February 2025, the key provisions of the Procurement Act 2023 (PA 2023) are now in force. Procurements initiated on or after this date must follow PA 2023, while those commenced under the earlier framework—the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must continue to be delivered and overseen under that legislation. See Practice Note: Introduction to the Procurement Act 2023—PA 2023.
PCR 2015 as assimilated law
PCR 2015 are EU-derived domestic legislation and therefore comprise assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018. For practical guidance on the status and construction of assimilated law, see Practice Note: Assimilated law.
Public procurement reform
The UK public procurement regime originates from EU procurement law and was consequently affected by the UK’s
Local Government
PRACTICE NOTES
STOP PRESS
As at 24 February 2025, the core provisions of the Procurement Act 2023 (PA 2023) have commenced. Procurements initiated on or after this date must be conducted under PA 2023, while those started pursuant to the earlier legislation (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be procured and managed in accordance with that regime. See Practice Note: Key Implications of the Procurement Act 2023 for Construction Lawyers.
PCR 2015 as assimilated law
PCR 2015 are EU-derived domestic legislation and therefore constitute assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law.
There are a number of aspects to transparency in public
Local Government
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