Explanatory note

These Regulations make amendments to Schedule 9 (treaty state suppliers (specified international agreements)) to the Procurement Act 2023 (“the 2023 Act”) for the purpose of implementing the procurement chapters of two international agreements entered into by the United Kingdom. These agreements are with Kazakhstan and Iraq. These Regulations also make amendments to the Procurement Act 2023 (Commencement No. 3 and Transitional and Saving Provisions) Regulations 2024 (S.I. 2024/716) (“the 2024 Regulations”) for the purpose of implementing the procurement chapters of those agreements as they relate to procurement that is regulated under a previous legislative regime which continues to have effect by virtue of the saving provisions contained in the 2024 Regulations.

The amendments made by regulation 2(3) of these Regulations, relating to the 2023 Act, do not apply to a procurement regulated by the Welsh Ministers.

Regulation 3(2) of these Regulations makes amendments to the saving provision in regulation 5 of the 2024 Regulations relating to contracts still regulated by the Public Contracts Regulations 2015 (S.I. 2015/102) (“the 2015 Regulations”), whereas regulation 3(3) of these Regulations makes amendments to the saving provision in regulation 8 of the 2024 Regulations relating to contracts still regulated by the Utilities Contracts Regulations 2016 (S.I. 2016/274) (“the 2016 Regulations”). The amendments made to the 2024 Regulations require that Schedule 4A of the 2015 Regulations and Schedule 3 of the 2016 Regulations, are to be read as if the two international agreements had been inserted into the respective schedules as relevant. These amendments ensure that, where the previous regime applies, economic operators that benefit from these agreements, are entitled to the same treatment as economic operators from the United Kingdom in respect of contracts awarded in accordance with a framework agreement, under a dynamic purchasing system or under a qualification system.

The amendments made by regulations 2, 3(2) and 3(3) of these Regulations will only take effect in respect of procurement commenced on or after the date on which the relevant agreement to which the amendment relates enters into force and (if different) the procurement chapter starts to apply. In respect of the agreement with Kazakhstan, depending on the subject-matter of the procurement, Chapter 8 (Government Procurement) of Title III (Trade and Business) will start to apply five or eight years after the agreement enters into force in accordance with article 136. In respect of the agreement with Iraq, Chapter II, Section V (Public Procurement) of Title II (Trade and Investments) will start to apply from the date the agreement enters into force in accordance with article 115. The agreements (not yet in force) have been published in the Country Series Collection of Command Papers available on https://www.gov.uk/government/collections/command-papers-by-country-2013. After the agreements have completed all necessary procedures and are in force they will be published in the Treaty Series Collection of Command Papers available on https://www.gov.uk/government/collections/bilateral-and-multilateral-treaties-published-in-the-treaty-series-2018.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.