Regulation 5 Transitional provision in respect of the amendment of the Procurement Act 2023

(1)

The amendments made by regulation 3 do not affect any procurement commenced before the day on which the UK-India CETA enters into force (on which see article 30.6 of that agreement).

(2)

For the purposes of paragraph (1), a procurement has been commenced before the day on which the UK-India CETA 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) or provided in accordance with section 40(1) to (3) of that Act (qualifying utilities dynamic market notices: no duty to publish a tender notice),

(b)

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

(c)

in respect of a contract to be awarded in accordance with a framework to which neither (a) nor (b) applies, a contracting authority has contacted a supplier in order to commence the award of that contract,

(d)

a below-threshold tender notice has been published in accordance with section 87(1) of that Act^f1 (regulated below-threshold contracts: notices),

(e)

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

(f)

in respect of a below-threshold contract to which neither (d) nor (e) applies, a contracting authority has contacted a supplier in order to commence the award of that contract.

Annotations

Footnotes

f1: Section 87 was amended by S.I. 2024/782 and 2024/959.