Explanatory note

These Regulations make substantive amendments to the Procurement Act 2023 (c. 54) (“PA 2023”) and the Procurement Regulations 2024 (S.I. 2024/692) (“PR 2024”), as well as consequential amendments arising from the coming into force of the PA 2023.

Chapter 1 of Part 2 contains amendments to the PA 2023. Regulation 3(2) makes updates to the threshold amounts set out in Schedule 1 to that Act. Those thresholds determine the value above which contracts of different types fall to be regulated by the substantive regime. The threshold amounts amended here are set under the World Trade Organisation Agreement on Government Procurement. The PA 2023 was enacted with the threshold amounts applicable at the time; these were updated in January 2024 and regulation 3(2) ensures that the threshold amounts will be appropriately updated ahead of the PA 2023 coming into force.

Regulation 3(3) amends Schedule 9 to the PA 2023 in order to reflect additions and amendments to the UK’s international obligations in respect of procurement.

Chapter 2 of Part 2 contains consequential amendments to primary legislation rendered necessary by the coming into force of the PA 2023.

Chapter 1 of Part 3 contains amendments to the PR 2024. These amendments are being made to coincide with the coming into force of those Regulations and address a small number of matters for which provision was not made in those Regulations.

Chapter 2 of Part 3 and Part 4 contain consequential amendments to secondary legislation and assimilated law respectively, rendered necessary by the coming into force of the PA 2023.

Part 5 and the Schedule contain repeals and revocations rendered necessary by the coming into force of the PA 2023.

Part 6 contains transitional provisions which set out the circumstances in which the amendments made to the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (via regulation 17) and the Heath Care Services (Provider Selection Regime) Regulations 2023 (via regulation 28) will not have affect.

An impact assessment in relation to the PA 2023 and associated reforms was published in May 2022 and can be found at https:/bills.parliament.uk/publications/46429/documents/1767 or may be obtained by writing to the Cabinet Office, 70 Whitehall, London, SW1A 2AS, United Kingdom.