Amendments already made to the Procurement Act 2023 & Procurement Regulations 2024
With the go-live date of the Procurement Act 2023 fast approaching (24/2/2025), it is important to note that there have already been some updates to the legislation; The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 amend both the Act and the Procurement Regulations 2024.
We have summarised the key points below, and they are available here in full. When considering a process under the new Act, it is imperative that the most up to date legislation is considered (as well as the most up to date version of the published guidance):
Amendments to the Act
- updates to the threshold amounts set out in Schedule 1 to the Act
- reflects additions and amendments to the UK’s international obligations in respect of procurement
- consequential amendments to primary legislation rendered necessary by the coming into force of the PA 2023, these are as follows:
- Amendment of the Late Payment of Commercial Debts (Interest) Act 1998
- Amendment of the Greater London Authority Act 1999
- Amendment of the Equality Act 2010
- Amendment of the Public Services (Social Value) Act 2012
Amendments to the Procurement Regulations 2024
Chapter 1 Part 3 contains the following amendments to the:
- supplier’s connected person information
- supplier’s exclusion grounds information
- tender notices: open procedure
- tender notices: competitive flexible procedure
- transparency notices
- contract award notices published by private utilities: direct award
- contract details notices: open or competitive flexible procedure
- contract details notice: direct award
- payments compliance notices
- contract performance notices except in relation to full termination
- insertion of Exempt contracts calculations for:
- vertical arrangements
- horizontal arrangements
- affiliated persons
- gas or heat operator
- electricity operator
- water operator
Consequential amendments to secondary legislation and assimilated law respectively, rendered necessary by the coming into force of the Act:
Amendments consequential on the coming into force of the Act are set out. The key one for NHS bodies is in relation to the Health Care Services (Provider Selection Regime) Regulations 2023. Please see our separate piece on these changes.
As the legislation has already changed, care should be taken with any hard copy versions of the Act/Regulations/Guidance.
Contact us
Our specialist procurement team is helping clients to prepare for the Act. If you have any questions regarding this update then please get in touch with one of our specialist procurement team.