Explanatory note

These Regulations make amendments to the Procurement Regulations 2024 (S.I. 2024/692) (“the 2024 Regulations”), the Health Care Services (Provider Selection Regime) Regulations 2023 (S.I. 2023/1348) (“the PSR Regulations”) and the Procurement Act 2023 (Commencement No. 3 and Transitional and Saving Provisions) Regulations 2024 (S.I. 2024/716) (“the Transitional and Saving Provisions Regulations”).

Amending the 2024 Regulations, regulation 3(2)(a) and (7) make provision about what information must be included in the contract payment information published under section 70(1) of the Procurement Act 2023 (“the PA 2023”).

Regulation 5(1) of the 2024 Regulations provides that notices and other information published under the PA 2023 must be published on the central digital platform, but regulation 5(5) provides that publication can be made on an alternative online system in certain circumstances. Regulation 3(2)(b) of this instrument adds to those circumstances the unavailability of the platform.

Regulation 7(4) of the 2024 Regulations sets out the circumstances when confirmation that a supplier has registered on, and provided up-to-date information to, the central digital platform can take place after the award of the contract. Regulation 3(3) of this instrument adds the direct award of a public contract pursuant to regulations made under section 42 of the PA 2023 to those circumstances.

Regulation 24(2) of the 2024 Regulations sets out the information which must be included in a below-threshold notice. Regulation 3(4) of this instrument adds to this information a requirement to specify whether the contracting authority reserves a competition for a below-threshold contract to small and medium-sized enterprises and/or voluntary, community and social enterprises.

Regulation 36(2)(e)(iii) of the 2024 Regulations provides that contracting authorities do not have to include a supplier’s unique identifier in a below-threshold contract details notice where the supplier has not obtained one. Regulation 3(5) removes this exemption as it is rendered obsolete, given the new regulation 36A of the 2024 Regulations (as inserted by regulation 3(6)) which requires contracting authorities to confirm a supplier has registered on the central digital platform (and in so doing would have obtained a unique identifier), and to obtain the supplier’s unique identifier, prior to publishing a below-threshold contract details notice.

Regulation 3(6) mandates contracting authorities to require suppliers, when awarded below-threshold contracts, to confirm their registration on the central digital platform and provide their unique identifiers.

Regulation 3(8) corrects an incorrect Schedule number in regulation 50 of the 2024 Regulations.

Regulation 3(9) amends a number of entries in Schedule 2 to the 2024 Regulations, which specifies central government authorities for the purposes of paragraph 5 of Schedule 1 to the PA 2023. It corrects a formatting error, updates out-of-date references and inserts an erroneously omitted authority.

Regulation 4 amends the PSR Regulations to provide when a relevant authority must notify a Minister of the Crown when terminating a contract in reliance on a national security exclusion ground.

Amending the Transitional and Saving Provisions Regulations, regulation 5 makes provision about discontinuing publication on Contracts Finder or, where relevant, replacing it with publication on the central digital platform.

Regulation 6 contains transitional provisions which set out the circumstances in which the amendments made by regulation 3(2)(a) and (7) will not have effect.

An impact assessment in relation to the PA 2023 and associated reforms was published in May 2022 and can be found at https://bills.parliament.uk/publications/46429/documents/1767 or may be obtained by writing to the Cabinet Office, 70 Whitehall, London, SW1A 2AS, United Kingdom.