Regulation 6 Transitional provisions

(1)

The amendments made by regulation 3(2)(a) and (7) do not affect any procurement commenced before the date on which section 70 of the Procurement Act 2023 comes into force.

(2)

For the purposes of paragraph (1), a procurement is commenced before the date on which section 70 of that Act comes into force if before that date—

(a)

a tender notice has been published in accordance with section 21(1) of that 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 sub-paragraph (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 sub-paragraph (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.