Q&As

Do any regulations apply to mystery shopping activities to monitor compliance?

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Published by a LexisNexis Local Government expert
Published on: 25 April 2022
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Yes, in the sense that under the Small Business, Enterprise and Employment Act 2015 (SBEEA 2015) the arrangements under which the mystery shopping service operates were put on a legislative footing.

Now referred to as the Public Procurement Review Service, SBEEA 2015, s 40 created a legally binding duty on public authorities that are within the scope of the service to respond to issues lodged with the review service. The service is available where an in scope contracting authority is involved in the procurement or contract awarded and the complaint lodged appears to demonstrate a potential deviation from best practice in the manner that a regulated public procurement has been undertaken.

SBEEA

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United Kingdom
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Key definition:
Public procurement definition
What does Public procurement mean?

Public procurement contracts cover supplies, services and works purchased by the Member States, regional or local authorities and other public bodies. Contracts over a certain value are subject to EU rules and procedures. The over-arching principle of public procurement law is that procurement is opened up to wider competition and that tenderers from across Members States have an equal chance of securing contracts put out to tender by other Member States.

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