Public procurement

This subtopic contains a selection of materials considered to be particularly relevant to construction lawyers, in relation to the UK and EU public procurement regimes. Further materials on public procurement law are available in the following overviews in the Public Law Practice Area:

  1. Procurement Act 2023—overview

  2. Pre-procurement considerations—pre-PA 2023—overview

  3. Procurement procedure—pre-PA 2023—overview

  4. Contract award and challenges—pre-PA 2023—overview

General principles

The over-arching principle of public procurement law is that procurement is opened up to wider competition and that tenderers have an equal chance of securing contracts put out to tender. In order to achieve this, the principles of equal treatment of tenderers and transparency of tender procedures are at the heart of the UK public procurement regime.

Legislation framework

Procurement Act 2023

The legislative framework for public procurement in the UK is, with effect from February 2025, derived from the Procurement Act 2023 (PA 2023). PA 2023 received Royal Assent in October 2023 and came largely into force on 24 February 2025. The policy aims of the regime provided for in PA 2023 included:

  1. creating a simpler and more

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Powered by Lexis+®
Latest Construction News

Scottish Government launches consultation on housing delivery incentives and penalties

The Scottish Government has launched  a consultation seeking views on measures to accelerate the build-out of homes on sites already identified for housing development, in response to falling housing starts and completions despite a substantial pipeline of consented land. The consultation supports the Housing Emergency Action Plan and related planning commitments, and examines whether incentives, penalties or other interventions could increase delivery rates, including for small and medium-sized housebuilders, within a plan-led, infrastructure-first framework under National Planning Framework 4. It is informed by evidence that slow delivery is driven primarily by post-consent factors such as market absorption rates, viability constraints, infrastructure costs, public sector risk exposure and limited developer capacity or commitment, rather than by the planning permission process itself. Drawing on previous reviews and research by bodies including the Competition and Markets Authority and the Scottish Land Commission, the consultation outlines potential approaches such as land assembly, public sector-led development, reform of compulsory purchase and sales powers, and policy tools to influence build-out rates, and notes that any future action may require legislative change in the next parliamentary session and would be subject to appropriate impact assessment. The consultation closes on 30 April 2026.

View Construction by content type :

Popular documents