Regulation 8 Saving provisions relating to the 2016 UC RegulationsI1
United Kingdom
Despite the revocation of the 2016 UC Regulations by section 119(1) of, and paragraph 7 of Schedule 11 to, the Act, those Regulations continue to apply F1, as modified by paragraph 4(b), (c), (d) and (e), in respect of procurement procedures, contracts, framework agreements F2, dynamic purchasing systems and qualification systems in any of the circumstances described in paragraphs (2) and (3).
The circumstances in this paragraph are that, with reference to the 2016 UC Regulations, before 26th May 2023, a utility submitted for publication in accordance with regulation 71 (publication on the UK e-notification service) a periodic indicative notice as a call for competition in accordance with regulation 44(4)(a)f1.
The circumstances in this paragraph are that, with reference to the 2016 UC Regulations, before F324th February 2025—
a utility has awarded the contract, concluded the framework agreement or established the dynamic purchasing system;
a utility has contacted an economic operator in respect of a proposed contract to which regulation 33 (contracts subject to special arrangements) applies;
a utility has contacted an economic operator to commence the negotiated procedure without prior call for competition in any of the cases set out in regulation 50 (use of the negotiated procedure without prior call for competition);
one of the following notices has been submitted for publication in accordance with regulation 71(1) (publication on the UK e-notification service)—
a notice on the existence of a qualification system required by regulation 68;
a contract notice required by regulation 69;
a contest notice required by regulation 95.
Where the 2016 UC Regulations continue to apply in accordance with paragraph (1)—
the Act does not apply;
the period of validity of a qualification system under regulation 68 of the 2016 UC Regulations—
may not be changed after 23rd February 2026, and
expires (if it has not already done so) at the end of 23rd February 2029 F6;
in relation to framework agreements, Schedule 3 to the 2016 UC Regulations (international trade agreements) is to be read as if, at the end was inserted—
“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.
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.
F7Comprehensive Economic and Trade Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of India, signed at Buckinghamshire on 24th July 2025. ”;
in relation to dynamic purchasing systems and qualification systems, Schedule 3 to the 2016 UC Regulations is to be read as if, at the end was inserted—
“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.
F8Comprehensive Economic and Trade Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of India, signed at Buckinghamshire on 24th July 2025.”
Terms used in this regulation have the same meaning as in the 2016 UC Regulationsf2 as they had effect immediately before 24th February 2025.
Annotations
Textual amendments
- F1
Words in reg. 8(1) inserted (30.12.2025) by The Procurement Act 2023 (Specified International Agreements and Saving Provision) (Amendment) Regulations 2025 (S.I. 2025/1337), regs. 1(2), 3(3)(a) (with reg. 4)
- F2
Words in reg. 8(1) substituted (30.3.2026) by The Procurement Act 2023 (Specified International Agreements and Saving Provision) (Amendment) Regulations 2026 (S.I. 2026/297), regs. 1(2), 4(3)(a) (with reg. 7)
- F3
Words in reg. 8 substituted (17.9.2024) by The Procurement Act 2023 (Commencement No. 3 and Transitional and Saving Provisions) (Amendment) Regulations 2024 (S.I. 2024/959), regs. 1(2), 2(6)(a)
- F4
Words in reg. 8 substituted (17.9.2024) by The Procurement Act 2023 (Commencement No. 3 and Transitional and Saving Provisions) (Amendment) Regulations 2024 (S.I. 2024/959), regs. 1(2), 2(6)(b)
- F5
Words in reg. 8 substituted (17.9.2024) by The Procurement Act 2023 (Commencement No. 3 and Transitional and Saving Provisions) (Amendment) Regulations 2024 (S.I. 2024/959), regs. 1(2), 2(6)(c)
- F6
Reg. 8(4)(d)(e) inserted (30.12.2025) by The Procurement Act 2023 (Specified International Agreements and Saving Provision) (Amendment) Regulations 2025 (S.I. 2025/1337), regs. 1(2), 3(3)(b) (with reg. 4)
- F7
Words in reg. 8(4)(d) inserted (30.3.2026) by The Procurement Act 2023 (Specified International Agreements and Saving Provision) (Amendment) Regulations 2026 (S.I. 2026/297), regs. 1(2), 4(3)(b) (with reg. 7)
- F8
Words in reg. 8(4)(e) inserted (30.3.2026) by The Procurement Act 2023 (Specified International Agreements and Saving Provision) (Amendment) Regulations 2026 (S.I. 2026/297), regs. 1(2), 4(3)(c) (with reg. 7)
Commencement
- I1
Reg. 8 in force at made date
Footnotes
- f1
-
Regulation 44(4)(a) was revoked by S.I. 2023/484 and by S.I. 2023/567 (W. 88). For transitional provisions, see regulation 5 of each S.I.
- f2
-
For the meaning of “call for competition”, “contest notice”, “contract notice”, “dynamic purchasing system”, “economic operator”, “framework agreement”, “periodic indicative notice” and “utilities”, see regulation 2(1) of the 2016 UC Regulations. For the meaning of “UK e-notification service”, see regulation 71(6) of those Regulations and regulation 51(5) of the 2015 Regulations. For the meaning of “negotiated procedure” and “qualification system”, see regulation 2(2) of the 2016 Regulations.