This article outlines the details of The Procurement Act 2023, which has received royal assent and is expected to come into force in October 2024 in England, Wales and Northern Ireland.
Procurement Act 2023 receives royal assent
The Procurement Bill received royal assent on 26 October, and has now passed into law as the Procurement Act 2023. The new procurement regime is therefore expected to come into force in October 2024, following a 6 month "go live" period.
Whilst this is the last legislative step in the passing of the Act, there is still a considerable amount of secondary legislation that must now be introduced. Cabinet Office consulted on the secondary legislation in two parts, covering various key elements of the Act such as assessment summaries (standstill letters), the contents of required notices, definitions and the position as regards light touch contracts. These consultations (and the draft regulations) can be found here and here.
The Act represents the most significant shake-up to procurement law and practice for a generation, and consolidates the existing EU law-based regime into a single set of rules covering works and services, concessions, defence and utilities contracts. The Act expands the transparency obligations of contracting authorities, with numerous new notices and contract publication requirements. There are also new measures for monitoring supplier performance, with the introduction of a central debarment list for suppliers who will be excluded from tendering for public contracts following poor performance.
For insights on the Procurement Act and the various changes, please see our procurement reform hub.
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