The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025

Made: 12th February 2025

Coming into force in accordance with regulation 1

The Minister for the Cabinet Office makes these Regulations in exercise of the powers conferred by sections 89(3), 95(1), (2) and (3), 113(1), 116(2), 122(3), 125(1) and (2) of, and paragraphs 2, 3(a) and 5(1) of Schedule 1, paragraphs 2(6), 3(3) and 6(4) and (5) of Schedule 2 and paragraphs 1(3), 2(3), 2(4) and 3(5) and (6) of Schedule 4 to, the Procurement Act 2023[^f00001].

In accordance with section 122(4)(k), (o), (r), (v), (x), (y) and (z) of the Procurement Act 2023, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

These Regulations are made with the consent of the Department of Finance for Northern Ireland in accordance with section 113(4) of the Procurement Act 2023.

Part 1 — Introductory

Citation and commencement

1

• (1) These Regulations may be cited as the Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025.

• (2) These Regulations, except for Part 1 and regulation 3, come into force on the 24th February 2025.

• (3) Part 1 and regulation 3 come into force on the 23rd February 2025.

Extent and application

2

• (1) The amendments made by these Regulations have the same extent as the provisions to which they relate.

• (2) Regulation 8 applies to a contracting authority that is a devolved Welsh authority[^f00002] only in relation to a procurement under—

• (a) a reserved procurement arrangement[^f00003], or

• (b) a transferred Northern Ireland procurement arrangement[^f00004].

• (3) Regulation 8 does not apply to a contracting authority in relation to a procurement under a devolved Welsh procurement arrangement[^f00005].

• (4) Regulations 33 and 34 extend to England and Wales and apply in relation to England only.

Part 2 — Amendment of primary legislation

Chapter 1 — Amendments to the Procurement Act 2023

Amendment of the Procurement Act 2023

3

• (1) The Procurement Act 2023 is amended as follows.

• (2) In Schedule 1 (threshold amounts), in paragraph 1—

• (a) in sub-paragraph (1), for the words before the table substitute—

The threshold amount for a contract of a type referred to in the second column of the table below is— (a) if the contract is regulated by the Welsh Ministers, the threshold set out in the corresponding row of the third column, and (b) in any other case, the threshold set out in the corresponding row of the fourth column.

• (b) in sub-paragraph (1), in the table—

• (i) in the heading of the third column, at the end insert “: contract regulated by Welsh Ministers”;

• (ii) insert a fourth column as follows—

Threshold amount: any other contract
£5,372,609
£5,372,609
£429,809
£5,372,609
£884,720
£429,809
£5,372,609
£663,540
£5,372,609
£5,372,609
£139,688
£214,904

• (c) after sub-paragraph (1), insert—

(1A) For the purposes of sub-paragraph (1) a contract is regulated by the Welsh Ministers if it is— (a) a contract awarded by a contracting authority that is a devolved Welsh authority, other than such a contract awarded as part of a procurement under a reserved procurement arrangement or a transferred Northern Ireland procurement arrangement, or (b) a contract which is awarded as part of a procurement under a devolved Welsh procurement arrangement.

• (3) In Schedule 9 (treaty state suppliers)—

• (a) before paragraph 1 insert—

(A1) For the purposes of this Schedule a procurement is “a procurement regulated by the Welsh Ministers” if— (a) the contracting authority concerned is a devolved Welsh authority, unless it is a procurement under a reserved procurement arrangement or a transferred Northern Ireland procurement arrangement, or (b) it is a procurement under a devolved Welsh procurement arrangement.

• (b) for paragraph 9 substitute—

(9) In— (a) the case of a procurement regulated by the Welsh Ministers, the Strategic Partnership and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and Georgia, signed at London on 21 October 2019; (b) any other case, the Strategic Partnership and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and Georgia, signed at London on 21 October 2019, as amended by Amending Agreement No. 2 between the United Kingdom of Great Britain and Northern Ireland and Georgia Amending the Strategic Partnership and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and Georgia, signed at Tbilisi on 2 and 14 December 2022.

• (c) for paragraph 10 substitute—

(10) In— (a) the case of a procurement regulated by the Welsh Ministers, the Partnership, Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Kosovo, signed at Pristina on 3 December 2019; (b) any other case, the Partnership, Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Kosovo, signed at Pristina on 3 December 2019, as amended by Amending Agreement No. 1 between the United Kingdom of Great Britain and Northern Ireland and the Republic of Kosovo to amend the Partnership, Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Kosovo, signed at Pristina on 19 September 2023.

• (d) for paragraph 11 substitute—

(11) In— (a) the case of a procurement regulated by the Welsh Ministers, the Political, Free Trade and Strategic Partnership Agreement between the United Kingdom of Great Britain and Northern Ireland and Ukraine, signed at London on 8 October 2020; (b) any other case, the Political, Free Trade and Strategic Partnership Agreement between the United Kingdom of Great Britain and Northern Ireland and Ukraine, signed at London on 8 October 2020, as amended by Agreement No. 2 in the form of an Exchange of Letters between the United Kingdom of Great Britain and Northern Ireland and Ukraine amending the Political, Free Trade and Strategic Partnership Agreement between the United Kingdom of Great Britain and Northern Ireland and Ukraine, signed at Kyiv on 18 August 2022.

• (e) for paragraph 13 substitute—

(13) In— (a) the case of a procurement regulated by the Welsh Ministers, the Partnership, Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of North Macedonia, signed at Skopje on 3 December 2020; (b) any other case, the Partnership, Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of North Macedonia, signed at Skopje on 3 December 2020, as amended by the Agreement in the form of an Exchange of letters between the United Kingdom of Great Britain and Northern Ireland and the Republic of North Macedonia amending the Partnership, Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of North Macedonia, signed at Skopje on 10 December 2021.

• (f) for paragraph 17 substitute—

(17) In— (a) the case of a procurement regulated by the Welsh Ministers, the Strategic Partnership, Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Moldova, signed at Chisinau on 24 December 2020; (b) any other case, the Strategic Partnership, Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Moldova, signed at Chisinau on 24 December 2020, as amended by Amending Agreement No. 2 between the United Kingdom of Great Britain and Northern Ireland and the Republic of Moldova to amend the Strategic Partnership, Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Moldova, signed at Chisinau on 25 May 2023.

• (g) for paragraph 20 substitute—

(20) In— (a) the case of a procurement regulated by the Welsh Ministers, the Partnership, Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Albania, signed at Tirana on 5 February 2021; (b) any other case, the Partnership, Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Albania, signed at Tirana on 5 February 2021, as amended by the Exchange of Letters to amend the Partnership, Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Albania, signed at Tirana on 12 January and 12 June 2023.

Chapter 2 — Amendments consequential to the coming into force of the Procurement Act 2023

Amendment of the Late Payment of Commercial Debts (Interest) Act 1998

4

• (1) The Late Payment of Commercial Debts (Interest) Act 1998[^f00006] is amended as follows.

• (2) In section 4[^f00007] (period for which statutory interest runs), in subsection (8), for the definition of “public authority”, as it extends to England and Wales and Northern Ireland, substitute—

• “public authority” means a public authority within the meaning of the Procurement Act 2023 (see section 2 of that Act) that is not— an excluded authority within the meaning of section 2(5)(a), (c) or (d) of that Act, but as if in section 2(5)(d)(ii) the reference to paragraph (b) were omitted, or the Common Council of the City of London other than for the purposes of its functions as a local authority, police authority or port health authority.

Amendment of the Greater London Authority Act 1999

5

• (1) The Greater London Authority Act 1999[^f00008] is amended as follows.

• (2) In section 355[^f00009] (duties of waste collection authorities etc.), in subsection (8)—

• (a) in paragraph (a), for “Public Procurement Regulations” substitute “Procurement Act 2023”;

• (b) for paragraph (b) (but not the “and” after it) substitute—

(b) in compliance with that Act the authority publishes or provides[^f00010] the tender notice relating to the awarding of that contract,

• (c) in paragraph (c), for “submits” substitute “publishes or provides”.

• (3) In section 356[^f00011] (directions by the Mayor), in subsection (3A)—

• (a) in paragraph (a), for “Public Procurement Regulations” substitute “Procurement Act 2023”;

• (b) for paragraph (b) substitute—

(b) in compliance with that Act the authority publishes or provides the tender notice relating to the awarding of that contract.

• (4) In section 358[^f00012] (information about new waste contracts)—

• (a) for subsection (1ZA) substitute—

(1ZA) Subsection (1A) applies if, in the awarding of a waste contract, a waste authority in compliance with the Procurement Act 2023 decides to publish a planned procurement notice relating to the awarding of the contract.

• (b) in subsection (1A), in the words before paragraph (a) and in paragraph (a), omit “submit or”;

• (c) for subsection (1BA) substitute—

(1BA) Subsection (1C) applies if, in the awarding of a waste contract, a waste authority in compliance with the Procurement Act 2023— (a) has decided not to publish a planned procurement notice relating to the awarding of the contract, but (b) decides to publish or provide a tender notice relating to the awarding of the contract.

• (d) in subsection (1C), in the words before paragraph (a) and in paragraph (a), for “submit” substitute “publish or provide”;

• (e) in subsection (2), for “Public Procurement Regulations” substitute “Procurement Act 2023”.

• (5) In section 359[^f00013] (confidential information about waste contracts), in subsection (1)—

• (a) at the end of paragraph (b), insert “(“confidentiality requirements”)”;

• (b) for paragraph (c) (but not the “and” after it) substitute—

(c) the waste authority is, by virtue of provision contained in section 94 of the Procurement Act 2023 or in regulations made under that Act, not required to comply with an obligation that, apart from that provision, would otherwise apply to publish or disclose the information under that Act,

• (c) in paragraph (d), for “that duty” substitute “the confidentiality requirements”.

• (6) In section 360[^f00014] (interpretation of sections 353 to 359), in subsection (2)—

• (a) omit the definition of—

• (i) “buyer profile”;

• (ii) “concession notice”;

• (iii) “contract notice”;

• (iv) “periodic indicative notice”;

• (v) “prior information notice”;

• (vi) “the Public Procurement Regulations”;

• (vii) “qualification system notice”;

• (viii) “the UK e-notification service”;

• (b) after the definition of “the national waste management plan”, insert—

• “planned procurement notice” has the same meaning as in section 15(2) of the Procurement Act 2023,

• (c) after the definition of “recovery”, insert—

• “tender notice” has the same meaning as in section 21(2) of the Procurement Act 2023,

Amendment of the Equality Act 2010

6

• (1) The Equality Act 2010[^f00015] is amended as follows.

• (2) In section 155[^f00016] (power to impose specific duties: supplementary)—

• (a) in subsection (2), for “Public Contracts Regulations” substitute “public procurement legislation”;

• (b) for subsection (3), substitute—

(3) In this section— - “concession contract” has the same meaning as in the Procurement Act 2023 (see section 8 of that Act); - “covered procurement” has the same meaning as in the Procurement Act 2023 (see section 1 of that Act); - “defence and security contract” has the same meaning as in the Procurement Act 2023 (see section 7 of that Act); - “devolved Scottish authority” has the same meaning as in the Procurement Act 2023 (see section 2 of that Act); - “public procurement functions” means— functions related to covered procurement, other than the procurement of a utilities contract, defence and security contract or concession contract, the exercise of which is regulated by the Procurement Act 2023, as amended from time to time, or functions the exercise of which is regulated by the Public Contracts (Scotland) Regulations 2015 (S.S.I. 2015/446), as amended from time to time; - “public procurement legislation” means the Procurement Act 2023 or, in respect of a public authority that is a devolved Scottish authority, the Public Contracts (Scotland) Regulations 2015, as amended from time to time; - “utilities contract” has the same meaning as in the Procurement Act 2023 (see section 6 of that Act).

Amendment of the Public Services (Social Value) Act 2012

7

• (1) The Public Services (Social Value) Act 2012[^f00017] is amended as follows.

• (2) In section 1[^f00018] (contracts of relevant authorities)—

• (a) in subsection (1)—

• (i) in paragraph (a), for “framework agreement” substitute “framework”;

• (ii) in paragraph (b)—

• (aa) for “framework agreement” substitute “framework”;

• (bb) for “the agreement” substitute “the framework”;

• (b) in subsection (2)—

• (i) in paragraph (a)—

• (aa) for “submitting a notice to the UK e-notification service” substitute “publishing a notice under the Procurement Act 2023”;

• (bb) for “framework agreement” substitute “framework”;

• (ii) in paragraphs (b), (c), (d) and (e), for “framework agreement” substitute “framework”;

• (c) in subsection (4), for “framework agreement” substitute “framework”;

• (d) in subsection (10), for “Regulations” substitute “Procurement Act 2023”;

• (e) in subsection (15)—

• (i) in the definition of “central government authority”, for “Regulations (even though the Regulations do not apply)” substitute “Procurement Act 2023 (see Schedule 1 to that Act) (even though the Act does not apply)”;

• (ii) after the definition of “central government authority”, insert—

• “concession contract” has the same meaning as in the Procurement Act 2023 (see section 8 of that Act);
• “defence and security contract” has the same meaning as in the Procurement Act 2023 (see section 7 of that Act);
• “exempted contract” is a contract that would be considered an exempted contract for the purposes of Schedule 2 (exempted contracts) to the Procurement Act 2023 (even though that Act does not apply);
• “framework” has the same meaning as in the Procurement Act 2023 (see section 45 of that Act) (whether or not the Act applies), and a reference to a contract based on a framework is a reference to a contract entered into on terms established by such an arrangement;
• “light touch contract” has the same meaning as in the Procurement Act 2023 (see section 9 of that Act) (even though the Act does not apply);
• “public contract” has the same meaning as in the Procurement Act 2023 (see section 3 of that Act);