The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020

Made: 19th November 2020

Coming into force in accordance with regulation 1

In accordance with paragraph 1(1) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

PART 1 — GENERAL

Citation, commencement, extent and transitional etc. provision

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• (1) These Regulations may be cited as the Public Procurement (Amendment etc.) (EU Exit) Regulations 2020.

• (2) Except for regulations 2, 7, 9, 11 and 26, these Regulations come into force on IP completion day.

• (3) Regulation 2 comes into force on the day after the day on which these Regulations are made.

• (4) Regulations 7, 9, 11 and 26 come into force 12 months after the day on which IP completion day falls.

• (5) Regulation 23 does not extend to Scotland.

• (6) The Schedule—

• (a) makes provision in relation to procurements that are ongoing on IP completion day, including provision—

• (i) disapplying in relation to such procurements certain amendments etc. made or to be made (whether by these Regulations or otherwise) in relation to public procurement;

• (ii) modifying various references in certain regulations that apply to such procurements;

• (b) makes other savings in relation to certain provisions of these Regulations.

Revocation of superseded EU exit regulations

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The following are revoked—

• (a) the Public Procurement (Amendment etc.) (EU Exit) Regulations 2019[^f00002];

• (b) the Public Procurement (Amendment etc.) (EU Exit) (No. 2) Regulations 2019[^f00003].

PART 2 — AMENDMENT OF PRIMARY LEGISLATION

The Greater London Authority Act 1999

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• (1) The Greater London Authority Act 1999[^f00004] is amended as follows.

• (2) In section 355 (duties of waste collection authorities etc.), in subsection (8)—

• (a) in paragraph (b)—

• (i) for “sends” substitute “submits”;

• (ii) for “Publications Office of the European Union” substitute “UK e-notification service”;

• (b) in paragraph (c), for “sends” substitute “submits”.

• (3) In section 356 (directions by the Mayor), in subsection (3A)(b)—

• (a) for “sent” substitute “submitted”;

• (b) for “Publications Office of the European Union” substitute “UK e-notification service”.

• (4) In section 358 (information about new waste contracts)—

• (a) in subsection (1ZA)(a)—

• (i) for “send” substitute “submit”;

• (ii) for “Publications Office of the European Union” substitute “UK e-notification service”;

• (b) in subsection (1A), in the words before paragraph (a) and in paragraph (a), for “send” substitute “submit”;

• (c) in subsection (1BA)—

• (i) in paragraph (a), for “send” substitute “submit”;

• (ii) in paragraph (b)—

• (aa) for “send” substitute “submit”;

• (bb) for “Publications Office of the European Union” substitute “UK e-notification service”;

• (d) in subsection (1C), in the words before paragraph (a) and in paragraph (a), for “send” substitute “submit”.

• (5) In section 360 (interpretation of sections 353 to 359), in subsection (2), after the definition of “treatment” insert—

• “the UK e-notification service” has the same meaning as in the Public Procurement Regulations

The Equality Act 2010

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• (1) The Equality Act 2010[^f00005] is amended as follows.

• (2) In section 155 (power to impose specific duties: supplementary)—

• (a) in subsection (2), for “Public Sector Directive” substitute “Public Contracts Regulations”;

• (b) in subsection (3), for the definitions substitute—

• “Public Contracts Regulations” means the Public Contracts Regulations 2015 (S.I. 2015/102) or, in Scotland, the Public Contracts (Scotland) Regulations 2015 (S.S.I. 2015/446), as amended from time to time;
• “public procurement functions” means functions the exercise of which is regulated by Part 2 of the Public Contracts Regulations 2015 (S.I. 2015/102) or by the Public Contracts (Scotland) Regulations 2015 (S.S.I. 2015/446), as amended from time to time.”

The Public Services (Social Value) Act 2012

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• (1) The Public Services (Social Value) Act 2012[^f00006] is amended as follows.

• (2) In section 1 (contracts of relevant authorities)—

• (a) in subsection (2)(a), for “sending a notice to the Publications Office of the European Union” substitute “submitting a notice to the UK e-notification service”;

• (b) in subsection (15), after the definition of “sub-central contracting authority” insert—

• “the UK e-notification service” has the same meaning as in the Regulations (whether or not the Regulations apply)

PART 3 — AMENDMENT OF SECONDARY LEGISLATION

CHAPTER 1 — THE PUBLIC CONTRACTS REGULATIONS 2015

Amendments commenced on IP completion day

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Amendments commenced 12 months after IP completion day

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CHAPTER 2 — THE CONCESSION CONTRACTS REGULATIONS 2016

Amendments commenced on IP completion day

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Amendment commenced 12 months after IP completion day

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CHAPTER 3 — THE UTILITIES CONTRACTS REGULATIONS 2016

Amendments commenced on IP completion day

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Amendments commenced 12 months after IP completion day

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CHAPTER 4 — AMENDMENT OF OTHER SUBORDINATE LEGISLATION

The Public Contracts Regulations 2006

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• (1) To the extent that the Public Contracts Regulations 2006[^f00018] (“the 2006 Regulations”) continue to have prospective effect, their effect is modified as follows.

• (2) The 2006 Regulations have prospective effect as if the following were omitted—

• (a) regulation 14(2) (which requires certain reports to be supplied to the European Commission on request);

• (b) regulation 32(16) (which provides for the provision of certain reports requested by the European Commission);

• (c) regulation 40(2) (which requires certain information to be provided for the European Commission).

• (3) Where—

• (a) immediately before IP completion day, a procurement has been commenced,

• (b) on or after IP completion day, a contract is awarded or any other act is done, pursuant to that procurement, and

• (c) that award or other act would, if it had occurred before IP completion day, have been covered by an exemption from requirements of the 2006 Regulations by virtue of any provision in those Regulations,

that award or other act is covered by that exemption on and after IP completion day regardless of whether the terms used to define that exemption in the 2006 Regulations would otherwise have been apt to continue to achieve that effect on and after IP completion day.

The Utilities Contracts Regulations 2006

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• (1) To the extent that the Utilities Contracts Regulations 2006[^f00019] (“the 2006 Regulations”) continue to have prospective effect, their effect is modified as follows.

• (2) The 2006 Regulations have prospective effect as if—

• (a) regulation 7(7) (which relates to information requested by the European Commission) were omitted;

• (b) in regulation 8(3) (which provides for certain information to be sent to or for the European Commission)—

• (i) in sub-paragraph (a), the words from “5,000,000 euro” in the words before sub-paragraph (i) to the end of paragraph (xiii) read “£4,101,850, submit, within 48 days of the award, a contract award notice to the UK e-notification service for publication, containing the information referred to in regulation 70(2)(a) of the Utilities Contracts Regulations 2016”;

• (ii) in sub-paragraph (b)—

• (aa) “400,000 euro” read “£328,150”;

• (bb) “5,000,000 euro” read “£4,101,850”;

• (cc) paragraph (ii) read as follows—

(ii) if the Minister requests that information in relation to any such contract, forthwith send it to the Minister;

• (c) regulation 38(2) (which provides for the provision of certain reports requested by the European Commission) were omitted.

• (3) Where—

• (a) immediately before IP completion day, a procurement has been commenced,

• (b) on or after IP completion day, a contract is awarded or any other act is done, pursuant to that procurement, and

• (c) that award or other act would, if it had occurred before IP completion day, have been covered by an exemption from requirements of the 2006 Regulations by virtue of any provision in those Regulations,

that award or other act is covered by that exemption on and after IP completion day regardless of whether the terms used to define that exemption in the 2006 Regulations would otherwise have been apt to continue to achieve that effect on and after IP completion day.

The Service Charges (Consultation Requirements) (England) Regulations 2003

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• (1) The Service Charges (Consultation Requirements) (England) Regulations 2003[^f00020] are amended as follows.

• (2) In regulation 2 (interpretation), in paragraph (1), in the definition of “public notice”, for the words from “published” to the end substitute “published, pursuant to the Public Contracts Regulations 2015, on the UK e-notification service (as defined by those Regulations)”.

The Provision of Services Regulations 2009

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• (1) The Provision of Services Regulations 2009[^f00021] are amended as follows.

• (2) In regulation 31 (certificates and other documents), in paragraph (5)(g), omit “(read with regulation 58(5))”.

The Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013

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• (1) The Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013[^f00022] are amended as follows.

• (2) In Schedule 2 (application of the Utilities Contracts Regulations 2016), in Part 1, in the entry relating to regulation 99 (information and documentation requirements), in the second column—

• (a) for ““the Commission”, in the first place it occurs,” substitute ““the Minister for the Cabinet Office” in sub-paragraph (a)”;

• (b) for “, in the second place it occurs,” substitute “as if the subsequent reference to “the Minister” in sub-paragraph (a)”;

• (c) for “(3), (8) and (9)” substitute “(3) and (7)(b) and (c).”

PART 4 — AMENDMENT OF ASSIMILATED DIRECT LEGISLATION

Annex 16 to the EEA Agreement

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In Annex 16 to the EEA Agreement, omit point 6g (application of Commission Implementing Regulation (EU) 2015/1986).

Regulation 2195/2002 of the European Parliament and of the Council

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• (1) Regulation 2195/2002 of the European Parliament and of the Council of 5th November 2002 on the Common Procurement Vocabulary (CPV) is amended as follows.

• (2) For Articles 2 and 3 substitute the following—

(1) The Minister for the Cabinet Office may make regulations amending the Annexes to this Regulation. (2) Regulations under this Article are to be made by statutory instrument. (3) A statutory instrument containing regulations under this Article is subject to annulment in pursuance of a resolution of either House of Parliament. (4) Regulations under this Article may make consequential, supplementary, incidental, transitional, transitory or saving provision.

• (3) In Article 4, omit the second paragraph.

Commission Decision 2006/211/EC

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• (1) Commission Decision 2006/211/EC of 8th March 2006 establishing that Article 30(1) of Directive 2004/17/EC of the European Parliament and of the Council coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors applies to electricity generation in England, Scotland and Wales is amended as follows.

• (2) In Article 1, for “Directive 2004/17/EC” substitute “the Utilities Contracts Regulations 2016 and the Utilities Contracts (Scotland) Regulations 2016[^f00023]”.

• (3) Omit Articles 2 and 3.

Commission Decision 2007/141/EC

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• (1) Commission Decision 2007/141/EC of 26th February 2007 establishing that Article 30(1) of Directive 2004/17/EC of the European Parliament and of the Council coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors applies to the supply of electricity and gas in England, Scotland and Wales is amended as follows.

• (2) In Article 1, for “Directive 2004/17/EC” substitute “the Utilities Contracts Regulations 2016 and the Utilities Contracts (Scotland) Regulations 2016”.

• (3) Omit Articles 2 and 3.

Commission Decision 2010/192/EU

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• (1) Commission Decision 2010/192/EU of 29th March 2010 exempting exploration for and exploitation of oil and gas in England, Scotland and Wales from the application of Directive 2004/17/EC of the European Parliament and of the Council coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors is amended as follows.

• (2) In Article 1, for “Directive 2004/17/EC” substitute “the Utilities Contracts Regulations 2016 and the Utilities Contracts (Scotland) Regulations 2016”.

• (3) Omit Article 2.

Commission Implementing Regulation (EU) 2015/1986

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Commission Implementing Regulation (EU) No 2015/1986 of 11th November 2015 establishing standard forms for the publication of notices in the field of public procurement and repealing Implementing Regulation (EU) No 842/2011 is revoked.

Commission Implementing Regulation (EU) 2016/7

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• (1) Commission Implementing Regulation (EU) No 2016/7 of 5th January 2016 establishing the standard form for the European Single Procurement Document is amended as follows.

• (2) In Article 1—

• (a) for the words from the beginning to “2016, the” substitute “The”;

• (b) for “European single procurement document” substitute “Single Procurement Document”;

• (c) for “Article 59 of Directive 2014/24/EU” substitute “regulation 59 of the Public Contracts Regulations 2006”.

Commission Implementing Decision (EU) 2017/1870

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• (1) Commission Implementing Decision (EU) 2017/1870 of 16th October 2017 on the publication of the reference of the European standard on electronic invoicing and the list of its syntaxes pursuant to Directive 2014/55/EU of the European Parliament and of the Council is amended as follows.

• (2) After Article 1 insert—

(1) The Minister for the Cabinet Office may make regulations— (a) amending Article 1 so as to substitute— (i) a reference to a different standard; (ii) a different reference to the same standard; (b) amending Article 1 and the Annex so as to substitute, add or remove references to syntaxes. (2) Regulations under this Article are to be made by statutory instrument. (3) A statutory instrument containing regulations under this Article is subject to annulment in pursuance of a resolution of either House of Parliament. (4) Regulations under this Article may make consequential, supplementary, incidental, transitional, transitory or saving provision.

• (3) Omit Article 2.

• (4) In the Annex, for “3(2) of Directive 2014/55/EU” substitute “1”.

PART 5 — CESSATION OF RIGHTS ETC.

Cessation of certain prohibitions on the grounds of nationality

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Cessation of rights etc. under certain international agreements

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SCHEDULE — TRANSITIONAL ETC. PROVISION

PART 1 — INTERPRETATION

Interpretation of Schedule

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• (1) In this Schedule—

• “amendment” includes modification and revocation;

• “the Procurement Regulations” means the following and, in relation to any procedure, means whichever of the following applies to that procedure—the Public Contracts Regulations 2006;the Utilities Contracts Regulations 2006;the Public Contracts Regulations 2015;the Concession Contracts Regulations 2016;the Utilities Contracts Regulations 2016;

• “the second commencement date” is defined by paragraph 10;