Pre-procurement considerations

This subtopic contains a range of resources focussing on some of the key considerations for contracting authorities before starting a public procurement exercise, with particular focus on public procurement procedures under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102.

FORTHCOMING CHANGE: On 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) come into force. Procurements begun on or after that date must be carried out under PA 2023, whereas those begun under the previous legislation (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be procured and managed under that legislation. See Practice Note: Introduction to the Procurement Act 2023.

PCR 2015 as assimilated law

PCR 2015 are EU-derived domestic legislation and therefore assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018.

For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law.

Public procurement law

The domestic public procurement regime rests on a series of sets

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

TAKE A FREE TRIAL

Latest Public Law News

UK government will not activate 'Stormont Brake' over EU Chemicals Regulation

Hilary Benn, the Secretary of State has decided not to accept a notification from members of the Northern Ireland Assembly in relation to the EU Chemical Classification, Labelling and Packaging Regulation. This means that it does not intend to activate the 'Stormont Brake' mechanism under the Windsor Framework. As a result, the new EU Regulation will apply in Northern Ireland.Benn explained his decision in a letter to the Speaker of the Assembly. In it he says he has not been persuaded that the EU amending regulation would have a significant impact specific to everyday life of communities in Northern Ireland in a way that is liable to persist. He goes on to say that the UK government will now consult on applying a consistent regime in this area across the United Kingdom, should this be required to safeguard the UK internal market.

Weekly roundup of HMRC import, export and customs guidance—20 January 2025

Details of updates to HMRC import, export and customs guidance for the period from 14 to 20 January 2025.

Hansard Society releases podcast on the role of Parliament in public inquiries

The Hansard Society's recent podcast highlights a growing debate over the role of Parliament in public inquiries. Currently, Ministers hold the authority to determine inquiry chairs and define remits. However, a recent House of Lords Committee proposal suggests granting Parliament a more significant role in establishing inquiries into state failures and national disasters. This recommendation aims to adopt a more systematic approach to implementing inquiry recommendations and potentially enhance the independence and effectiveness of such investigations. The proposed shift in responsibility from ministerial to parliamentary oversight represents a potential significant change in the UK's approach to public inquiries and their subsequent implementation. The discussion comes at the start of the podcast.

DSIT publishes response to the report on the Data (Use and Access) Bill

The Department for Science, Innovation and Technology (DSIT) has published its response to the Constitution Committee’s report on the Data (Use and Access) Bill. The response addresses; clause 28 - requirement for Secretary of State to prepare and publish a document which sets out the rules concerning the provision of DVS; clauses 70(4) and 71(5) - GDPR: Discretion given to Secretary of State to determine and vary the conditions under which personal data can be processed; clause 105 – Constitutional statutes; clause 133 – A Henry VIII power; and schedule 15 - Information Standards for health and social care.