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United Kingdom
Key definition
Public procurement definition

What does Public procurement mean? Public procurement is the regulated purchase of goods, services and works by public sector “contracting authorities” through competitive tendering. The term is used generically in practice and is also defined across procurement legislation. In England and Wales and Northern Ireland, the principal regime is the Procurement Act 2023 (supplemented in sectors such as health by the Provider Selection Regime). Above-threshold contracts must be advertised on Find a Tender, run under permitted procedures, and awarded in line with the core principles of transparency, equal treatment and proportionality, including applicable non-discrimination duties, with robust record-keeping and conflict management. Utilities, concessions and defence procurement...

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Public procurement selection under PCR 2015: financial and technical criteria, SQ/ESPD evidence, PPNs, reliance on other entities, shortlisting and clarifications; forthcoming Procurement Act 2023 changes

Practice notes
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FORTHCOMING CHANGE:

On 24 February 2025, the principal provisions of the Procurement Act 2023 (PA 2023) take effect. Procurements started on or after that date must be conducted under PA 2023, while those initiated under earlier legislation must continue to be run and managed in accordance with those regimes:

  • Public Contracts Regulations 2015 (PCR 2015)
  • Utilities Contracts Regulations 2016
  • Concession Regulations 2016
  • Defence and Security Public Contracts Regulations 2011

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, providing updated guidance on how to assess suppliers’ payment approaches when procuring major government contracts under PA 2023. From 1 October 2025, PPN 018 replaces PPN 015, reducing the average payment days threshold suppliers must achieve to demonstrate they have effective payment systems in place to ensure the reliability of their supply chains. See:...

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Sharon Fitzgerald
Dr Sharon Fitzgerald

Sharon is a partner within DLA Piper Scotland's Finance and Projects group who advises on major infrastructure projects, PFI/PPP projects and commercial contracts. Sharon has a particular specialism in transport projects. She also has extensive experience of various aspects of public procurement law (public contracts and utilities) and has advised a number of regulated bodies. Sharon has a wide variety of construction experience, including drafting and negotiating consultants' appointments and warranties, standard sub-contract terms and conditions, and standard form and bespoke building contracts. Sharon has advised in respect of a number of successfully closed projects such as:The procurement of the Forth Replacement Crossing (acting for the Scottish Government)The procurement of residual waste services for City of Glasgow Council (acting for the Council), andThe procurement of ferry services for the Northern Isles (acting for the successful bidder). Legal 500 2011 comments that Sharon "offers...

Gavin Deeprose
Gavin Deeprose

Gavin is a Senior Professional Support Lawyer in DLA Piper's Litigation & Regulatory Group. He provides technical support to legal professionals within the Group across a diverse range of subject areas including property, commercial and regulatory disputes. He monitors, updates and trains lawyers and clients on relevant legal and regulatory developments, creates and maintains litigation and other styles for use within the Group and produces articles and client bulletins for publication on the firm's website and newspapers, journals and online platforms. He also works on global projects to enhance the quality of client service.Prior to becoming a professional support lawyer Gavin gained substantial experience as practitioner, working at two major Scottish firms. He is an experienced litigator specialising in commercial disputes, including property related claims, corporate debt recovery and repossessions, and insurance litigation, acting for many prominent companies and financial...

Web page updated on 21/05/2026

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