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Published - Government response to consultations on draft regulations for Procurement Act 2023


Following the publication of the response document, it has been noted by various law firms that whilst there may be some amendments and updates to the draft regulations, it does not look like there will be any big changes to these.  An overview of the two consultations is given below.

  1. First Part of the Consultation:
    • Focused on practical aspects of the Act.
    • Covered topics such as:
      • Scope of Light Touch and Reservable Light Touch Services
      • Exempt Contracts: Vertical and Horizontal Activities Calculations
      • Exempt Contracts: Utilities Intra-group Turnover Calculations
      • Utility Turnover and Supply Tests
      • Intra-UK Procurement
      • Definitions of ‘Central Government Authority’ and ‘Works’ for Thresholds
      • Disapplication of section 17 of the Local Government Act 1988
      • Disapplication in regard to certain NHS healthcare services
    • Aimed to align secondary legislation with policy intent.
    • Consultation period: June 19 to July 28.
  2. Second Part of the Consultation:
    • Focused on transparency-related matters.
    • Addressed:
      • Draft notices for communicating procurement opportunities.
      • Details about forthcoming, in-train, and completed procurements.
      • Other technical aspects, including the Central Digital Platform and Supplier Information.
      • Proposals for transitioning to the new regime.
    • Consultation period: July 17 to August 25.

Following the publication, the relevant amendments will be made with both consultations put into one single statutory instrument and the final version of the secondary legislation laid in parliament.  The regime is still expected to come in to force from October 2024, so we expect the secondary legislation to be laid in April 2024 so that the committed 6 months’ advanced notice of go-live is honoured.

 To access the publication from the cabinet office, please click here.