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ARTICLE · 08 OCTOBER 2024

Procurement Act 2023 Changing Landscape, Issue 11: Modifying Public Contracts

Gowling WLG
Gowling WLG
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The Procurement Act 2023, effective February 24, 2025, introduces new rules for public contract modifications, enhancing transparency and clarity. Key changes include defined grounds for permissible modifications and requirements for public notice, aiming to balance flexibility and accountability in public procurement.

United KingdomGovernment, Public Sector
Christopher Brennan
Christopher Brennan
Alison Richards
Alison Richards
Alexi Markham
Alexi Markham
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When the new Procurement Act 2023 (the Act) comes into effect on 24 February 2025, one of the key changes under the new rules is in relation to contract modifications, or contract variations. The aim behind this is to inject greater transparency around changes to public contracts and give clarity on when variations can lawfully be implemented, without triggering the need for a new procurement.

In this next article in our ongoing 'changing landscape' series on the Act, we delve into how the law will govern contract modifications - and what will change when, compared to the current rules.

How will contract modifications be governed under the Procurement Act?

Generally, the approach to modifications has been carried over from the current public and utilities procurement regimes, in that contracting authorities and utilities (authorities) may modify a public contract if the modification:

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