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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 consequently affected by the UK’s exit from the EU, albeit only to a limited degree. In substance, the UK regime continues largely...
This practical guidance concerns the position before the Procurement Act 2023. It addresses public procurement exercises launched prior to the Act (PA 2023) taking effect on 24 February 2025. Procurements within scope that start on or after that date fall under PA 2023. Transitional and savings provisions preserve the former procurement regimes insofar as needed for contracting authorities to finalise and manage procurements begun before commencement of PA 2023 (ie ongoing procurements). This Practice Note should be read on that basis. For background, see Practice Note: Introduction to the Procurement Act 2023—PA 2023. Further practical guidance on PA 2023 is provided in a separate subtopic: Procurement Act 2023—overview. Public procurement under the Public Contracts Regulations 2015 Unless an exemption applies—for example, where the contract value is below the relevant financial threshold—a contracting authority must adopt one of the five permitted procurement procedures set out in the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102. For general background on public contracts procurement, see Practice Note: Introduction to public contracts...
STOP PRESS: From 24 February 2025, the principal provisions of the Procurement Act 2023 (PA 2023) came into force. Procurements launched on or after that date must be conducted under PA 2023. Procurements initiated under the previous frameworks—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 let and managed in line with those rules. See Practice Note: Introduction to the Procurement Act 2023—PA 2023. This content concerns the Procurement Act 2023 regime and offers practical guidance on public procurement under PA 2023. For practical guidance on procedures used under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, see the following Practice Notes: Public procurement—open procedure—pre-PA 2023 Public procurement—restricted procedure—pre-PA 2023 Public procurement—competitive procedure with negotiation—pre-PA 2023 Public procurement—competitive dialogue procedure—pre-PA 2023 Public procurement—innovation partnership procedure—pre-PA 2023 Competitive tendering procedures Before awarding a public contract, a contracting authority...
ARCHIVED: This Precedent is archived and is no longer maintained. STOP PRESS: From 24 February 2025, the principal provisions of the Procurement Act 2023 (PA 2023) are now in force...
ARCHIVED: This Precedent is archived and no longer maintained. STOP PRESS: From 24 February 2025, the principal provisions of the Procurement Act 2023 (PA 2023) are now in full effect. Procurements started on or after that date must proceed under PA 2023, while those initiated under 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 pursuant to that framework. Refer to Practice Note: Introduction to the Procurement Act 2023—PA 2023...
ARCHIVED This Precedent has been placed in the archive and is no longer maintained. STOP PRESS From 24 February 2025, the principal provisions of the Procurement Act 2023 (PA 2023) are in force. Any procurements started on or after that date must proceed under PA 2023, while those initiated under the former legislation must continue to be procured and administered under that legislation: Public Contracts Regulations 2015 (PCR 2015) Utilities Contracts Regulations 2016 The Concession Regulations 2016 Defence and Security Public Contracts Regulations 2011 Please refer to Practice Note: Introduction to the Procurement Act 2023—PA 2023...