Regulation 4 Transitional provisions

(1)

In this Regulation—

“the 2015 Regulations” means the Public Contracts Regulations 2015^f1;
“the 2016 Regulations” means the Utilities Contracts Regulations 2016^f2;
“the 2023 Act” means the Procurement Act 2023;
“relevant agreement” means, as the case may be, the UK-Iraq PCA or the UK-Kazakhstan SPCA;
“the UK-Iraq PCA” means the Agreement on Partnership and Cooperation between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Iraq signed at London on 14th January 2025^f3;
“the UK-Kazakhstan SPCA” means the Strategic Partnership and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Kazakhstan signed at Astana on 24th April 2024^f4.

(2)

A reference to the relevant agreement entering into force, means, in respect of—

(a)

the UK-Kazakhstan SPCA, when Chapter 8 (Government Procurement) of Title III (Trade and Business) starts to apply in accordance with article 136^f5, or

(b)

the UK-Iraq PCA, when that agreement enters into force in accordance with article 115.

(3)

Terms used in this regulation have the same meaning as in the 2015 Regulations and the 2016 Regulations as they had effect immediately before 24th February 2025.

(4)

The amendments made by regulation 2 do not affect any procurement commenced before the day on which the relevant agreement enters into force if before that day—

(a)

a tender notice has been published in accordance with section 21(1) of the 2023 Act (tender notices and associated tender documents),

(b)

a transparency notice has been published in accordance with section 44(1) of that Act (transparency notices),

(c)

a below-threshold tender notice has been published in accordance with section 87(1) of that Act^f6 (regulated below-threshold contracts: notices),

(d)

a contracting authority has invited the submission of tenders in relation to a regulated below-threshold contract (see section 85(1) of that Act (regulated below-threshold contracts: procedure)), or

(e)

in respect of a below-threshold contract to which neither (c) or (d) applies, a contracting authority has contacted a supplier in order to commence the award of that contract.

(5)

The amendments made by regulation 3(2)—

(a)

do not affect any procurement commenced before the day on which the relevant agreement enters into force if before that day—

(i)

a contracting authority has submitted a contract notice required by regulation 26(8) of the 2015 Regulations (choice of procedures) in accordance with regulation 51 of those Regulations (publication on the UK e-notification service) for the award of a contract under a dynamic purchasing system, or

(ii)

a contracting authority has contacted an economic operator in order to commence the award of a contract based on a framework agreement (see regulation 33 of those Regulations (framework agreements));

(b)

apply to the evaluation of an economic operator’s request to participate in a dynamic purchasing system in accordance with regulation 34(15) to (20) of the 2015 Regulations (dynamic purchasing systems) only where that request is made on or after the day on which the relevant agreement enters into force.

(6)

The amendments made by regulation 3(3)—

(a)

do not affect any procurement commenced before the day on which the relevant agreement enters into force if before that day—

(i)

a utility has submitted a notice on the existence of a qualification system required by regulation 44(4)(b) of the 2016 Regulations (choice of procedures) in accordance with regulation 71 of those Regulations (publication on the UK e-notification service) for the award of a contract under a qualification system,

(ii)

a utility has submitted a contract notice required by regulation 44(4)(c) of the 2016 Regulations in accordance with regulation 71 of those Regulations for the award of a contract under a dynamic purchasing system, or

(iii)

a utility has contacted an economic operator in order to commence the award of a contract based on a framework agreement (see regulation 51 of those Regulations (framework agreements));

(b)

apply to the evaluation of an economic operator’s request—

(i)

to participate in a dynamic purchasing system in accordance with regulation 52(15) to (20) of the 2016 Regulations (dynamic purchasing systems), and

(ii)

for qualification to a system in accordance with regulation 77 of those Regulations (qualification systems),

only where that request is made on or after the day on which the relevant agreement enters into force.

Annotations

Footnotes

f1: S.I. 2015/102 was revoked by section 119(1) of, and Schedule 11 to, the Procurement Act 2023. S.I. 2015/102 continues to have effect by virtue of the saving provisions contained in regulation 5 of S.I. 2024/716 (as amended by S.I. 2024/959).
f2: S.I. 2016/274 was revoked by section 119(1) of, and Schedule 11 to, the Procurement Act 2023. S.I. 2016/274 continues to have effect by virtue of the saving provisions contained in regulation 8 of S.I. 2024/716 (as amended by S.I. 2024/959).
f3: A digital copy of the agreement (not yet in force) was published in the Country Series Collection (Iraq No. 1/2025, CP 1356), available on https://www.gov.uk/government/collections/command-papers-by-country-2013. After the agreement is in force, it will be available to view in the Treaty Series Collection of Command Papers.
f4: A digital copy of the agreement (not yet in force) was published in the Country Series Collection (Kazakhstan No. 1/2025, CP 1365), available on https://www.gov.uk/government/collections/command-papers-by-country-2013. After the agreement is in force, it will be available to view in the Treaty Series Collection of Command Papers.
f5: See also article 271 which sets out when the agreement enters into force (notwithstanding Chapter 8).
f6: Section 87 was amended by S.I. 2024/782 and 2024/959.