Sharpe Pritchard
8 Experts
3 Contributions by Sharpe Pritchard
PRACTICE NOTES
STOP PRESS:
From 24 February 2025, the core provisions of the Procurement Act 2023 (PA 2023) take effect. Competitions launched on or after that date must proceed under PA 2023, while procedures commenced pursuant to 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 run and overseen in accordance with those rules. See Practice Note: Introduction to the Procurement Act 2023—PA 2023.
PCR 2015 as assimilated law
PCR 2015 constitute EU-derived domestic legislation and, accordingly, are 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.
Public procurement—the acquisition of goods, services and works by the public
Local Government
PRACTICE NOTES
STOP PRESS:
From 24 February 2025, the key provisions of the Procurement Act 2023 (PA 2023) take effect. Any procurement launched on or after this date must comply with PA 2023, while procedures started under 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 run and overseen 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 interpretation of assimilated law, see Practice Note: Assimilated law.
This Practice Note offers a concise primer on legal issues arising when public bodies collaborate to purchase goods and services. It gives a
Local Government
PRACTICE NOTES
FORTHCOMING CHANGE:
On 24 February 2025, the core provisions of the Procurement Act 2023 (PA 2023) take effect. Competitions started on or after that date must proceed under PA 2023, while those commenced under 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 and administered in line with those rules. See Practice Note: Introduction to the Procurement Act 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.
FORTHCOMING CHANGE:
From 24 February 2025, Procurement Policy Note (PPN) 015 supersedes PPN 10/23 with refreshed guidance on evaluating suppliers’ payment practices when
Local Government
4 Contributions by Sharpe Pritchard Experts
PRACTICE NOTES
STOP PRESS: From 24 February 2025, the principal provisions of the Procurement Act 2023 (PA 2023) take effect. Procurements launched on or after that date must proceed under PA 2023, while those commenced under the prior 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 overseen under that legislation. Refer to Practice Note: Introduction to the Procurement Act 2023—PA 2023.
This content pertains to the Procurement Act 2023 regime. It provides practical guidance on public procurement under PA 2023. For practical guidance on the former legislation, see Practice Note: Introduction to public contracts procurement.
Duty to identify conflicts of interest
PA 2023, s 81 requires contracting authorities to take all reasonable steps to spot, and to keep under review, conflicts of interest, or
Public Law
PRACTICE NOTES
STOP PRESS
From 24 February 2025, the core provisions of the Procurement Act 2023 (PA 2023) take effect and apply. Competitions commencing on or after that date must proceed under PA 2023, while procurements 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 run and overseen in line with those rules and procedures accordingly. See Practice Note: Introduction to the Procurement Act 2023—PA 2023.
This material concerns the Procurement Act 2023 regime. It provides practical guidance on public procurement under the Procurement Act 2023 (PA 2023). For practical guidance on light touch contracts under the former legislation, see Practice Note: Considerations when authorities procure contracts that are not subject to the full procurement
Public Law
PRACTICE NOTES
This practical guidance relates to the Procurement Act 2023 regime
From 24 February 2025, the core provisions of the Procurement Act 2023 (PA 2023) take effect. Procurements started on or after that date must, where applicable, proceed under PA 2023. Procurements initiated under the former regime—the Public Contracts Regulations 2015, SI 2015/102; the Utilities Contracts Regulations 2016, SI 2016/274; the Concession Contracts Regulations 2016, SI 2016/273; and the Defence and Security Public Contracts Regulations 2011, SI 2011/1848—must continue to be conducted and overseen in line with that legislation. This guidance concentrates on public procurement under PA 2023. For practical guidance on below-threshold contracts under the prior regime, see Practice Note: Considerations when authorities procure contracts that are not subject to the full procurement regime—pre PA 2023.
The below-threshold public procurement regime
In general, the below‑threshold regime affords contracting authorities greater scope to craft an
Public Law
PRACTICE NOTES
This practical guidance relates to the pre-Procurement Act 2023 regime
This Practice Note addresses public procurement exercises launched before the Procurement Act 2023 (PA 2023) took effect on 24 February 2025. Any in-scope procedure started on or after that date is subject to PA 2023. Through the Act’s transitional and savings provisions, the prior public procurement regimes continue, so far as required, to enable contracting authorities to finalise and manage procurements commenced before PA 2023 commenced (ie procurements already under way). This Practice Note should be considered against that backdrop. For background reading, see Practice Note: Introduction to the Procurement Act 2023—PA 2023. Additional practical guidance on PA 2023 appears in a separate subtopic, see: Procurement Act 2023—overview.
Implications of changes during the public procurement procedure
This Practice Note sets out when a contracting authority may adjust its award criteria during a
Local Government
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