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What is the UK Public Procurement Law?
Public Procurement Law regulates the purchasing by public sector bodies and certain utility sector bodies of contracts for goods, works and services.
How public procurement is regulated in the UK:
The relevant UK public procurement legislation is:
- the Public Contracts Regulations 2015 (PCRs), which apply to public sector procurements (England, Wales, Northern Ireland)
- the Utilities Contracts Regulations 2016 (UCRs), which apply to procurements by certain regulated utility companies (England, Wales, Northern Ireland)
- the Concessions Contracts Regulations 2016 (CCRs), which apply to the procurement of works and services concession contracts (England, Wales, Northern Ireland)
- the Defence and Security Public Contracts Regulations 2011 (DSPCRs), which apply to the procurement of certain defence and security contracts (UK-wide)
UK Procurement Law Post-Brexit
Following the UK’s exit from the EU, existing procurement laws largely remain in effect, with adjustments made through the Public Procurement (Amendment etc.) (EU Exit) Regulations 2020. These amendments were primarily designed to address any regulatory gaps resulting from the UK’s new status outside the EU.
Key Points:
- Continued Validity: The foundational principles and obligations of the procurement laws have largely stayed the same despite Brexit.
- Legislative Adjustments: The amending legislation aimed to rectify any deficiencies to ensure the regulations are appropriate for the UK’s non-EU status.
- Ongoing Procedures: Procurement processes that began before the end of the Brexit transition period are still governed by the EU procurement directives and EU law.
- EU Funded Projects: Projects funded by the European Structural Investment Fund (ESIF) and European Regional Development Fund (ERDF) continue to adhere to EU procurement directives.
The UK Government Green Paper and Public Procurement
In December 2020, the UK government published a ‘green paper’ consultation to gather feedback on proposed reforms to public procurement processes following Brexit. The primary goals of these reforms are to simplify and expedite procurement procedures and to enhance access for small and medium-sized enterprises (SMEs) to public contracts. Any new legislation will need to comply with the World Trade Organization’s (WTO) Agreement on Government Procurement (GPA), of which the UK is now an independent signatory. Additionally, the new rules must align with the EU–UK Trade and Cooperation Agreement (TCA) and other international trade agreements involving public procurement commitments.
