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ARTICLE · 28 AUGUST 2024

The Procurement Act 2023: A New Broom?

DMH Stallard LLP
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The Procurement Act 2023 (the ‘PA 2023') is a significant reform to public procurement in England, Wales and Northern Ireland (devolved Scottish authorities are excluded).

United KingdomGovernment, Public Sector
John Yates
John Yates
Georgie Swift
Georgie Swift

Background

The PA 2023 will come into force from 28 October 2024 and, whilst it will introduce change, some elements will be familiar to those with experience of the current procurement regime.

Key points to note:

Consolidation:
The existing regime, based on EU Directives, will be replaced in its entirety – no more Public Contracts Regulations 2015 or Utilities Contracts Regulations 2016, for example.

The rules remain the same, however, though there has been a move away from the language of EU directives. We may, therefore, see interpretation issues raised in the courts as the PA 2023 beds in.

Objectives and principles:
The PA 2023 introduces a wider definition of procurement, resulting in new obligations for contracting authorities before, during and after the procurement process. These include reporting on contract performance and termination.Contracting authorities' objectives will be to:

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