{
  "url": "https://openlegislation.uk/procurement-act-2023-consequential-and-other-amendments-regulations-2025/regulation-17/enacted",
  "json_url": "https://openlegislation.uk/procurement-act-2023-consequential-and-other-amendments-regulations-2025/regulation-17/enacted.json",
  "legislation": "uksi/2025/163",
  "legislation_title": "The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025",
  "legislation_url": "https://openlegislation.uk/procurement-act-2023-consequential-and-other-amendments-regulations-2025/enacted",
  "path": "regulation/17",
  "kind": "regulation",
  "number": "17",
  "heading": "Amendment of the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013",
  "text": "(1) The Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 are amended as follows.\n(2) In regulation 6 (tender requirements and procedure)—\n(a) for paragraph (2), substitute—\n(2) Subject to paragraphs (3) and (4), where in relation to the specified infrastructure project—\n(a) the Procurement Act 2023 does not apply,\n(b) the incumbent undertaker relies on an exemption under the Procurement Act 2023, or\n(c) the incumbent undertaker awards a contract directly under sections 41 or 43 of the Procurement Act 2023,\nthe provisions of the Procurement Act 2023 mentioned in the first column of the table in Part 1 of Schedule 2 (application of the Procurement Act 2023) apply in relation to that project.\n;\n(b) in paragraph (3)—\n(i) in the words before sub-paragraph (a), for “Utilities Contracts Regulations 2016” substitute “Procurement Act 2023”;\n(ii) in sub-paragraph (b)(i), for “utility” substitute “contracting authority”;\n(iii) after sub-paragraph (b)(i), insert—\n(ia) references to a “public contract” were references to a “contract”.\n;\n(iv) omit sub-paragraph (b)(ii);\n(c) after paragraph (3), insert—\n(3A) Where the Procurement Regulations 2024 apply by virtue of the application of the Procurement Act 2023 in accordance with Schedule 2, references to a “public contract” are to be read as if they were references to a “contract”.\n;\n(d) in paragraph (4), in the words before sub-paragraph (a), for “and (3)” substitute “, (3) and (3A)”;\n(e) in paragraph (8)—\n(i) in the words before sub-paragraph (a), for “and (3)” substitute “, (3) and (3A)”;\n(ii) in sub-paragraph (b), for “regulations 42 and 98 of the Utilities Contracts Regulations 2016” substitute “sections 81 to 83 and 98 of the Procurement Act 2023”.\n(3) In Schedule 2—\n(a) for the heading substitute “Application of the Procurement Act 2023”;\n(b) in Part 1, for the table substitute—\nProvision appliedModification\nSection 1Subsection (1)(b) does not apply, and the remaining provisions apply as if references to “covered procurement” were omitted\nSection 2\nSection 4\nSection 6Subsections (5) and (6) do not apply\nSection 12\nSection 15\nSection 16\nSection 18\nSection 19Subsection (9) does not apply\nSection 20Subsection (9) does not apply\nSection 21\nSection 22\nSection 23Subsection (6) does not apply\nSection 24\nSection 25\nSection 26\nSection 27\nSection 28\nSection 30\nSection 31\nSection 34Subsection (7) does not apply\nSection 35Subsection (3) does not apply\nSection 40\nSection 43\nSection 44\nSection 45Subsection (9) does not apply\nSection 46Subsection (11) does not apply\nSection 47Subsection (5)(c) does not apply\nSection 48\nSection 49\nSection 50\nSection 51In subsection (3), only paragraphs (c), (d) and (e) apply, and paragraph (c) applies as though it referred only to section 43 (switching to direct award)\nSection 54Entries relating to light touch contracts do not apply\nSection 56\nSection 57\nSection 58\nSection 59Subsection (1)(a)(iv) and (v) do not apply\nSection 62Only subsections (3) and (4) apply\nSection 74Subsection (1) applies as though the reference to a “convertible contract” were omitted; subsection (2) does not apply\nSection 78\nSection 79\nSection 81Applies as though the word “covered” were omitted every time it appears\nSection 82Applies as though the word “covered” were omitted\nSection 83Applies as though the word “covered” were omitted\nSection 89\nSection 90\nSection 94\nSection 96Applies as though the word “covered” were omitted both times it appears\nSection 98Applies as though for the words “this Act” were substituted “the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013”, and as though, for subsection (4)(a) were substituted “the day on which the contracting authority decides not to award the contract”. Subsection (5) does not apply.\nSection 99\nSection 100Subsection (6) does not apply\nSection 101Subsection (1) applies as if the words “or a convertible contract” were omitted; subsection (4) does not apply\nSection 102\nSection 103\nSection 104\nSection 105\nSection 110\nSection 123Subsections (4) and (5) do not apply\nSchedule 1Only paragraphs 4 and 5 apply\nSchedule 3Paragraph 3 does not apply\nSchedule 4\nSchedule 6\nSchedule 7\nSchedule 8Paragraphs 2, 3, 10 and 11 do not apply\nSchedule 9\n(c) omit Part 2.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "enacted",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 17 in force at 24.2.2025, see reg. 1(2)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 2013/1582, as amended by S.I. 2015/102, 2016/275 and 2020/1319; there are other amending instruments but none is relevant."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2025/163/regulation/17",
    "retrieved_at": "2026-10-28T21:20:27.398632+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}