Northern Ireland Utilities: Procurement Act 2023

Key considerations for utilities in Northern Ireland

The Procurement Act 2023 (the “Act”), effective for all new procurements commenced from 24 February 2025, represents significant reforms for the UK’s procurement regime. While much of the focus has been on the Act’s impact across public sector contracting authorities, there are a number of important distinctions in how the Act applies to utilities, and in particular to private utilities operating in Northern Ireland.

Utilities in Northern Ireland engaged in electricity and gas activities remain subject to the Act, as the exclusions in Great Britain for these sectors do not apply in Northern Ireland. The result is that utilities in Northern Ireland must navigate both the core provisions of the new regime and a series of exceptions to the Act that reflect the distinct legal framework applicable to Northern Ireland.