Procurement Act 2023: Implementation date confirmed for 24 February 2025

The rules governing public procurement are changing. The UK Government has confirmed through new secondary legislation that the Procurement Act 2023 will come into force on 24 February 2025.

Key updates

The Procurement Act 2023 (Commencement No 3 and Transitional and Saving Provisions) (Amendment) Regulations 2024 (SI 2024/959) were enacted on 16 September 2024. These Amendment Regulations amend the implementation date from the previously announced 28 October 2024 to 24 February 2025.

Important transitional arrangements

To minimise disruption to ongoing procurement processes, the Government has outlined clear transitional provisions. The new Act will not apply to:

* Competitive procurements where a competitive notice is published before 24 February 2025

* Direct award procedures where the contracting authority contacted the supplier before 24 February 2025 with the intention of entering into a contract without prior publication or call for competition

* Any contracts, frameworks or dynamic purchasing systems concluded before 24 February 2025

Procurements initiated under current regulations (including the Public Contracts Regulations 2015) will continue to be governed by those existing regulations through to completion.

What this means for contracting authorities

Organisations involved in public procurement should:

* Review their procurement pipelines to determine which regime will apply to upcoming projects

* Consider timing of procurement launches in light of the new implementation date

* Ensure procurement teams are prepared for the transition to the new regime.

For specific advice on how the Procurement Act 2023 will affect your organisation, please contact us info@ts-p.co.uk.

This information is for general information purposes only and does not constitute legal advice.