Committee on Government Procurement - Notification of domestic legislation relevant to the Agreement on Government Procurement 2012 - Notification from the United Kingdom

NOTIFICATION OF DOMESTIC LEGISLATION RELEVANT TO THE
AGREEMENT ON GOVERNMENT PROCUREMENT 2012

Notification from THE UNITED KINGDOM

The following notification, dated 24 February 2025, is being circulated at the request of the delegation of the United Kingdom.

 

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Notifying Party

United Kingdom

Legal Basis

      Article XXII:5 of the GPA 2012

      Committee's Decision on notification requirements under Articles XIX and XXII:5 of the GPA 2012 (_GPA/113, Annex A of Appendix 2, para 1)_

Title of the notified legal text

"Procurement Act 2023"

Link to legal text

https://members.wto.org/crnattachments/2025/GPA/GBR/25_01628_00_e.pdf

https://www.legislation.gov.uk/ukpga/2023/54/contents

Notification status

      First notification

      Change, amendment or revision to notified legal text

_      Replacement or consolidation of notified legal text(s)

Previous notification(s) referred to

 

Brief description of the notified legal text

The Procurement Act 2023 was introduced into the UK Parliament in May 2022 and has come into force on 24 February 2025. The Act creates a single, uniform framework for most public procurement in the UK by repealing the current legislation contained in the Public Contracts Regulations 2015, Utilities Contracts Regulations 2016, Concession Contracts Regulations 2016 and the Defence and Security Public Contracts Regulations 2011. This repeal is subject to the transitional and saving provisions contained in the Procurement Act 2023 (Commencement No. 3 and Transitional and Saving Provisions) Regulations 2024. These ensure that procurements commenced, and contracts entered into, under the repealed legislation will continue to be governed by that legislation, in order to ensure consistency of treatment.

The Procurement Regulations 2024 are a UK Statutory Instrument that came into force in May 2024. This statutory instrument was required to implement the new public procurement regime established by the Procurement Act 2023. The regulations cover England and Wales, Scotland (in respect of reserved and intra-UK procurement only), and Northern Ireland.

https://members.wto.org/crnattachments/2025/GPA/GBR/25_01628_01_e.pdf

https://www.legislation.gov.uk/uksi/2024/692/contents/made

These regulations were made using powers in the Procurement Act 2023.

The Procurement Act 2023 and Procurement Regulations 2024 do not apply to procurement carried out by devolved Scottish procuring entities. Such procurements continue to be governed by legislation put in place by the Scottish Government.

The Procurement Act 2023 is guided by the "principles of public procurement" that align with the UK's membership of the Agreement on Government Procurement (GPA): value for money, public good, transparency, integrity, equal treatment and non-discrimination. The Act includes a power to ensure that the UK can implement procurement obligations that arise from the GPA, such as implementing the accession of new parties to the GPA.

Language(s) of notified legal text

English

Date of adoption

26 October 2023

Entry into force

24 February 2025

Other information

 

Agency or authority responsible

Cabinet Office

Telephone: +44 (0)777 195 7746 Julie Bremner

 

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