Debarment meaning

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. Competitions launched on or after that date must, where relevant, proceed under PA 2023, whereas procurements initiated under earlier rules must continue to be run and administered in accordance with those regimes. The previous legislation comprises: Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 Utilities Contracts Regulations 2016 (UCR 2016), SI 2016/274 Concession Contracts Regulations 2016 (CCR 2016), SI 2016/273 Defence and Security Public Contracts Regulations 2011 (DSPCR 2011), SI 2011/1848 This guidance sets out a comparison of the principal features of public procurement under PA 2023 and PCR 2015, SI 2015/102. For background on PA 2023, see Practice Note: Introduction to the Procurement Act 2023—PA 2023 and Does the Procurement Act 2023 apply?—flowchart. For background on PCR 2015, SI 2015/102, see Practice Note: Introduction to public contracts procurement and Public procurement procedure...

STOP PRESS: With effect from 24 February 2025, the principal provisions of the Procurement Act 2023 (PA 2023) are operative. Any procurement initiated on or after that date must follow 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 procured and managed in line with those rules. Refer to Practice Note: Introduction to the Procurement Act 2023—PA 2023. PCR 2015 as assimilated law PCR 2015 are EU-derived domestic legislation and are therefore treated as 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...

As previously noted, the PA 2023 go-live has activated the core elements of the new UK public procurement framework for covered procurements. This encompasses public contracts awarded by central government, local authorities and other public sector bodies for the acquisition of goods, services and works above the relevant financial thresholds. This piece follows our earlier coverage of the PA 2023 go-live—see News Analysis: Procurement Act 2023 ‘go live’—what happens next? For additional background, see Practice Note: Introduction to the Procurement Act 2023—PA 2023. Key legislation Subject to the applicable savings and transitional provisions, PA 2023 repealed and replaced the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102; the Utilities Contracts Regulations 2016 (UCR 2016), SI 2016/274; the Concession Contracts Regulations 2016 (CCR 2016), SI 2016/273; and the Defence and Security Public Contracts Regulations 2011 (DSPCR 2011), SI 2011/1848. PA 2023 should be read alongside associated implementing legislation, including: Procurement Regulations 2024, SI 2024/692 Procurement Act 2023 (Commencement No 1 and Saving Provision) Regulations 2024,...

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This Practice Note explores the nature and scope of an expert witness’s duties when preparing to give, and giving, evidence within their expertise, by reference to the Civil Procedure Rules and case law. It addresses the expert’s overriding obligation to the court and considers what may follow if an expert does not fulfil those duties. Key principles for experts CPR 35.3 states that an expert must assist the court on issues within their expertise, and that this obligation overrides any duty owed to the instructing party. The most commonly cited account of an expert’s responsibilities is found in the judgment of Cresswell J in National Justice Compania Naviera SA v Prudential Assurance Co (the Ikarian Reefer) [1993] 2 Lloyds Rep 68 (not reported by LexisNexis®): expert evidence should be, and be seen to be, the expert’s independent product, uninfluenced in form or content by the pressures of litigation experts must provide impartial assistance to the court by offering an objective, unbiased opinion on matters...

This Practice Note This Practice Note is the second in a trio addressing health care procurement under the Provider Selection Regime (PSR), brought into effect by the Health Care Services (Provider Selection Regime) Regulations 2023 (PSR Regs 2023), SI 2023/1348, operative from 1 January 2024. It sets out the procurement routes available to relevant authorities responsible for planning, purchasing and delivering health and care services, namely the: direct award route—divided into three types of direct award most suitable provider route competitive route It also summarises the mandatory procedural obligations that apply to every procurement. Further, it highlights additional factors for relevant authorities when awarding contracts using any approach other than direct award processes A and B, namely the: Basic selection criteria Key criteria Exclusions Conflicts of interest Statutory guidance on the PSR Regs 2023 requires relevant authorities to undertake reasonable and proportionate due diligence on providers. Authorities are expected to consider whether...

This Practice Note presents a comparison table outlining the differences and similarities between the US Foreign Corrupt Practice Act 1977 (FCPA 1977) and the UK Bribery Act 2010 (BA 2010). For details on the UK BA 2010, see Practice Note: The Bribery Act 2010—an introductory guide. For material on the US FCPA, see Practice Note: US Foreign Corrupt Practices Act (FCPA). For information on international co-operation and co-ordination between the US and the UK, together with the main considerations when investigating and enforcing potential FCPA breaches, see Practice Note: FCPA internal investigations and enforcement proceedings (US)... Key aspects US Foreign Corrupt Practice Act 1977 Who does the Act apply to? US companies (incorporated or not), US residents and non-residents acting within the US, US nationals, and US issuers (including officers, directors, employees, agents, or shareholders acting on their behalf). Does the Act prohibit bribery both to the public and private sector? No. The FCPA criminalises only bribery of foreign public...