Jurisdiction(s):
United Kingdom

Procurement Act 2023 Special Regime and Below-Threshold Contracts: Checklist of Thresholds, Derogations and Exemptions for Concession, Defence and Security, Light Touch and Utilities

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Checklists

This guidance sits within the Procurement Act 2023 framework and focuses on public procurement under the Procurement Act 2023 (PA 2023). New in-scope procurements must run under PA 2023. For background on the regime, see Practice Note: Introduction to the Procurement Act 2023-PA 2023. Procurements launched before PA 2023 began on 24 February 2025 remain under the prior legislation-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. For headline differences from the old regime, see Checklist: Procurement Act 2023-key changes. For transitional details, see Practice Note: Procurement Act 2023 transitional and saving arrangements-PA 2023.

Special regime contracts

This Checklist gives a quick reference to the core features of special regime contracts under PA 2023. PA 2023, s 10(6) defines a special regime contract as:

a concession contract (see PA 2023, s 8)
a defence and security contract (see PA 2023, s 7)
a light touch contract (see PA 2023, s 9)...

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Andrew Dean

Bird & Bird

As a London-based partner in our Commercial practice, I support clients at the intersection of government and business.I focus on market-first and internationally significant transactions, contentious procurement and public law matters, as well as regulatory and policy development. With extensive experience representing both government and business entities in the UK and internationally, I have a deep understanding of the pathways and strategies required to transact and engage effectively in these areas, helping clients achieve their strategic objectives in increasingly complex and uncertain markets.I am a trusted advisor to governments, statutory corporations and utilities on their most complex and strategically important projects, advising on all aspects of procurement and public law. I have extensive experience across a range of transaction types such as procurements, PPPs, large-scale outsourcing and technology transactions, divestments, M&A and financial assistance, with a particular focus on regulated sectors such as...

Laura Thornton

Bird & Bird

Laura is a Senior Associate in Bird & Bird's public procurement team. Laura has a wide range of experience acting for public bodies in relation to regulated procurement. Laura supports clients to design and run tender processes, providing practical and pragmatic advice. Laura also advises clients bidding in to public sector bodies, providing legal and strategic advice on public procurement. Laura has a depth and range of experience at all stages of procurement processes that allows her to identify practical and persuasive public procurement solutions....

Tom Ward

Bird & Bird

I am an associate in Bird & Bird's projects team, focusing on public sector, utilities, and private sector procurement. I have experience of supporting both public and private sector clients.I have previously worked in central government and, therefore, have had first-hand experience of a public authority's ways of working and the external and internal pressures a public authority may encounter. I draw on this insight to take a practical and collaborative approach when advising both public and private sector clients to ensure that project objectives are achieved.I have advised on a wide range of public procurement, public law, and subsidy control issues, including advising on and/or drafting of:Public procurement: the strategy and structure of procurements – including exemptions to the relevant procurement regime; selection and award criteria; the running of procurements, including the establishment of DPSs and large...

Web page updated on 27/05/2026

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