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procurements commenced, and contracts entered into, under the repealed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.
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