Helping you understand Welsh law

Procurement

Procurement concerns the purchasing of goods and services by the Government and other public bodies. The procurement rules are aimed at ensuring that the EU public procurement market is open and competitive and that suppliers are treated equally and fairly. In England and Wales, the procurement rules come from EU Directives which have been implemented through regulations, most notably the Public Contracts Regulations 2015 . Scotland has its own regime and regulations, namely the Public Contracts (Scotland) Regulations 2015. The Regulations set out the legislative framework that governs how goods and services are bought by public bodies, known in the Regulations as Contracting Authorities. 


The UK Government has made regulations  (which come into force on Exit Day), using powers under the European Union (Withdrawal) Act 2018, which correct deficiencies to ensure that the Public Contracts Regulations 2015 continue to operate effectively once the UK leaves the European Union. Therefore, the framework and principles underlying the procurement regime will remain largely unchanged. Changes are limited to those that are appropriate to reflect the UK’s new status outside the EU. These will come into force immediately in the event of a no deal. Should a deal be reached between the UK and the EU, it is assumed there will be an implementation period put in place and, during this time, the procurement rules as they currently operate will continue. Following this implementation period, while it is likely that there will be procurement rules in place, it is currently uncertain what form it will take.

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