Explanatory note

These Regulations make amendments to Schedule 9 to the Procurement Act 2023 (treaty state suppliers (specified international agreements)) for the purpose of implementing the procurement chapter of the Comprehensive Economic and Trade Agreement between the Government of the United Kingdom and Northern Ireland and the Government of the Republic of India (“the agreement”). 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 chapter of the agreement 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 3(3) of these Regulations, relating to the Procurement Act 2023, do not apply to a procurement regulated by the Welsh Ministers.

Regulation 4(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 4(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 to the 2015 Regulations and Schedule 3 to the 2016 Regulations are to be read as if the agreement had been inserted into the respective schedules. These amendments ensure that, where the previous regime applies, economic operators that benefit from the agreement are entitled to the same treatment as economic operators from the United Kingdom in respect of contracts awarded in accordance with a framework agreement, or under a dynamic purchasing system or a qualification system.

The amendments made by regulations 3, 4(2) and 4(3) of these Regulations will only take effect in respect of procurement commenced on or after the date on which the agreement enters into force. The draft agreement has been published as an unnumbered Command Paper, available on https://www.gov.uk/government/collections/comprehensive-economic-and-trade-agreement-between-the-united-kingdom-of-great-britain-and-northern-ireland-and-india. As for the date on which the agreement was signed, this is available on https://www.gov.uk/government/collections/uk-india-trade-deal. After the agreement has completed all necessary procedures and is in force it will be published in the Treaty Series Collection of Command Papers available on https://www.gov.uk/government/collections/command-papers-by-country-2013.

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.