Procurement Act 2023

Last updated
Procurement Act 2023
Act of Parliament
Royal Coat of Arms of the United Kingdom (Variant 1, 2022).svg
Long title An Act to make provision about procurement.
Citation 2023 c. 54
Introduced by Jeremy Quin, Minister for the Cabinet Office and Paymaster General (Commons)
The Baroness Neville-Rolfe, Minister of State at the Cabinet Office (Lords)
Dates
Royal assent 26 October 2023
Commencement On royal assent and by regulations.
Status: Current legislation
History of passage through Parliament
Text of statute as originally enacted
Text of the Procurement Act 2023 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Procurement Act 2023 [1] (c. 54) is an act of the Parliament of the United Kingdom.

Contents

The act seeks to overhaul public procurement law in the United Kingdom by simplifying processes and giving a greater share of public sector supply opportunities to small businesses. It is one of the most radical reforms affecting businesses since Brexit: [2] the UK Government sees it as "throwing complicated and bureaucratic EU rules into the bin [and] stripping back red tape". [3] The government held a consultation in 2023 on how to implement the act's provisions including by supplementary provision by regulations. [4]

Parliamentary passage

The bill for the act was introduced to the House of Lords by Baroness Neville-Rolfe on 11 May 2022 and had its third reading in the House of Commons, after being introduced by Jeremy Quin, on 13 June 2023. The act was significantly amended when travelling through Parliament and there was a stand-off with both Houses during the wash-up period leading up to the 2023 prorogation of Parliament about the final form of the act and whether organ harvesting should be included in the act. The act was finally agreed to on 25 October 2023 and received royal assent on 26 October 2023. [5]

A proposal allowing for companies who engage in forced organ harvesting to be excluded from public procurement opportunities was added during the bill's passage through the House of Lords, but later withdrawn because the broader provisions on professional misconduct would already cover this issue. [6]

Training

An "official learning and development offer for central government and the wider public sector" was launched in September 2023. The offer includes overview level training for suppliers as well as basic and advanced training for public sector procurement practitioners. [7] The first tranche of overview training, referred to as "Knowledge Drops", was made available in December 2023. [8] Other training on the act is available commercially.

The Procurement Regulations 2024

The Procurement Regulations 2024 [9] made provision about the public procurement regime under the Act. It required transparency under the Act, by requiring significant amounts of information for contractors and other applicants seeking a contract.

Related Research Articles

<span class="mw-page-title-main">Statutory instrument (UK)</span> Type of secondary legislation in the United Kingdom

A statutory instrument (SI) is the principal form in which delegated legislation is made in Great Britain.

<span class="mw-page-title-main">Freedom of Information Act 2000</span> Act of Parliament in the United Kingdom

The Freedom of Information Act 2000 is an Act of the Parliament of the United Kingdom that creates a public "right of access" to information held by public authorities. It is the implementation of freedom of information legislation in the United Kingdom on a national level. Its application is limited in Scotland to UK Government offices located in Scotland. The Act implements a manifesto commitment of the Labour Party in the 1997 general election, developed by David Clark as a 1997 White Paper. The final version of the Act was criticised by freedom of information campaigners as a diluted form of what had been proposed in the White Paper. The full provisions of the act came into force on 1 January 2005. The Act was the responsibility of the Lord Chancellor's Department. However, freedom of information policy is now the responsibility of the Cabinet Office. The Act led to the renaming of the Data Protection Commissioner, who is now known as the Information Commissioner. The Office of the Information Commissioner oversees the operation of the Act.

Freedom of information (FOI) in the United Kingdom refers to members of the general public's right to access information held by public authorities. This right is covered in two parts:

  1. Public authorities must regularly publish updates and information regarding their activities, and
  2. Members of the public can make requests for information and updates regarding the activities of public authorities.

Government procurement or public procurement is undertaken by the public authorities of the European Union (EU) and its member states in order to award contracts for public works and for the purchase of goods and services in accordance with principles derived from the Treaties of the European Union. Such procurement represents 13.6% of EU GDP as of 2018, and has been the subject of increasing European regulation since the 1970s because of its importance to the European single market.

<span class="mw-page-title-main">Government procurement</span> Purchases by a government body

Government procurement or public procurement is the procurement of goods, services and works on behalf of a public authority, such as a government agency. Amounting to 12 percent of global GDP in 2018, government procurement accounts for a substantial part of the global economy.

<span class="mw-page-title-main">Equality Act 2006</span> United Kingdom legislation

The Equality Act 2006 is an Act of the Parliament of the United Kingdom covering the United Kingdom. The 2006 Act is a precursor to the Equality Act 2010, which combines all of the equality enactments within Great Britain and provide comparable protections across all equality strands. Those explicitly mentioned by the Equality Act 2006 include age; disability; sex; proposed, commenced or completed gender reassignment; race; religion or belief and sexual orientation. The changes it made were:

<span class="mw-page-title-main">Equality Act 2010</span> UK law

The Equality Act 2010, often erroneously called the Equalities Act 2010, is an act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis of anti-discrimination law in mostly England, Scotland and Wales; some sections also apply to Northern Ireland. These consisted, primarily, of the Equal Pay Act 1970, the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995 and three major statutory instruments protecting discrimination in employment on grounds of religion or belief, sexual orientation and age.

<span class="mw-page-title-main">Act of Parliament (UK)</span> Primary legislation in the United Kingdom

An Act of Parliament in the United Kingdom is primary legislation passed by the UK Parliament in Westminster, London.

<span class="mw-page-title-main">Public Services (Social Value) Act 2012</span> United Kingdom legislation

The Public Services Act 2012 is an Act of the Parliament of the United Kingdom. The Act calls for all public sector commissioning to factor in economic, social and environmental well-being in connection with public services contracts. It requires that all public bodies in England and Wales, including Local Authorities, and NHS organisations to consider how the services they commission and procure which are expected to cost more than the thresholds provided for in the Public Contracts Regulations might improve the social, economic and environmental well-being of the area. Third Sector organisations such as Social Enterprise UK pushed for the introduction of the legislation. In early drafts the Bill had a far greater focus on increasing public spending with social enterprises. The final text of the Act is focused on ensuring public spending leverages value in all three recognized domains or pillars of Sustainable Development, or the triple bottom line.

<span class="mw-page-title-main">Care Act 2014</span> United Kingdom legislation

The Care Act 2014 is an Act of the Parliament of the United Kingdom that received royal assent on 14 May 2014, after being introduced on 9 May 2013. The main purpose of the act was to overhaul the existing 60-year-old legislation regarding social care in England. The Care Act 2014 sets out in one place, local authorities’ duties in relation to assessing people's needs and their eligibility for publicly funded care and support.

<span class="mw-page-title-main">Modern Slavery Act 2015</span> United Kingdom legislation

The Modern Slavery Act 2015 is an Act of the Parliament of the United Kingdom. It is designed to combat modern slavery in the UK and consolidates previous offences relating to trafficking and slavery. The act extends essentially to England and Wales, but some provisions apply in Scotland and Northern Ireland.

<span class="mw-page-title-main">Digital Economy Act 2017</span> United Kingdom law

The Digital Economy Act 2017 is an Act of the Parliament of the United Kingdom. It is substantially different from, and shorter than, the Digital Economy Act 2010, whose provisions largely ended up not being passed into law. The act addresses policy issues related to electronic communications infrastructure and services, and updates the conditions for and sentencing of criminal copyright infringement. It was introduced to Parliament by culture secretary John Whittingdale on 5 July 2016. Whittingdale was replaced as culture secretary by Karen Bradley on 14 July 2016. The act received Royal Assent on 27 April 2017.

<span class="mw-page-title-main">European Union (Withdrawal) Act 2018</span> United Kingdom legislation

The European Union (Withdrawal) Act 2018 is an Act of the Parliament of the United Kingdom to repeal the European Communities Act 1972, and for parliamentary approval to be required for any withdrawal agreement negotiated between the Government of the United Kingdom and the European Union. Initially proposed as the Great Repeal Bill, its passage through both Houses of Parliament was completed on 20 June 2018 and it became law by Royal Assent on 26 June.

<span class="mw-page-title-main">Data Protection Act 2018</span> United Kingdom legislation

The Data Protection Act 2018 is a United Kingdom Act of Parliament which updates data protection laws in the UK. It is a national law which complements the European Union's General Data Protection Regulation (GDPR) and replaces the Data Protection Act 1998.

<span class="mw-page-title-main">Children and Social Work Act 2017</span> United Kingdom legislation

The Children and Social Work Act 2017 is an Act of the Parliament of the United Kingdom.

<span class="mw-page-title-main">Coronavirus Act 2020</span> UK emergency legislation

The Coronavirus Act 2020 is an act of the Parliament of the United Kingdom that granted the government emergency powers to handle the COVID-19 pandemic. The act allowed the government the discretionary power to limit or suspend public gatherings, to detain individuals suspected to be infected by COVID-19, and to intervene or relax regulations in a range of sectors to limit transmission of the disease, ease the burden on public health services, and assist healthcare workers and the economically affected. Areas covered by the act included the National Health Service, social care, schools, police, Border Force, local councils, funerals and courts. The act was introduced to Parliament on 19 March 2020, and passed the House of Commons without a vote on 23 March, and the House of Lords on 25 March. The act received royal assent on 25 March 2020.

<span class="mw-page-title-main">United Kingdom Internal Market Act 2020</span> UK law relating to internal trade

The United Kingdom Internal Market Act 2020 is an act of the Parliament of the United Kingdom passed in December 2020. Its purpose is to prevent internal trade barriers within the UK, and to restrict the legislative powers of the devolved administrations in economic matters. It is one of several pieces of legislation concerning trade that were passed following the European Union membership referendum, as after Brexit the UK is no longer directly subject to EU law.

<span class="mw-page-title-main">Small Business, Enterprise and Employment Act 2015</span> United Kingdom legislation

The Small Business, Enterprise and Employment Act 2015, also referred to as SBEE, received Royal Assent in March 2015. Its contents include regulatory reform, public sector procurement and company director disqualification issues.

At around £290 billion every year, public sector procurement accounts for around a third of all public expenditure in the UK. EU-based laws continue to apply to government procurement: procurement is governed by the Public Contracts Regulations 2015, Part 3 of the Small Business, Enterprise and Employment Act 2015, and the Public Contracts (Scotland) Regulations of 2015 and 2016. These regulations implement EU law, which applied in the UK prior to Brexit, and also contain rules known as the "Lord Young Rules" promoting access for small and medium enterprise (SMEs) to public sector contracts, based on Lord Young's Review Growing Your Business, published in 2013.

<span class="mw-page-title-main">Levelling-up and Regeneration Act 2023</span> United Kingdom legislation

The Levelling-up and Regeneration Act 2023 is an Act of the Parliament of the United Kingdom.

References

  1. "Procurement Act 2023".
  2. "Small businesses to benefit from one of the largest shake ups to procurement regulations in UK history". GOV.UK. Retrieved 2023-10-31.
  3. UKOpenGovernmentLicence.svg  This article incorporates text published under the British Open Government Licence : Cabinet Office, Op-ed: New procurement rules will strengthen our national security , originally published in the Daily Telegraph , published 30 October 2023, accessed 15 November 2023
  4. "Part 2 Consultation on draft regulations to implement the Procurement Bill". GOV.UK. 2023-07-17. Retrieved 2023-10-31.
  5. "Parliamentary Bills".
  6. UK Parliament, Procurement Bill completes passage through Parliament, published 26 October 2023, accessed 12 November 2023
  7. Government Commercial Function, Transforming Public Procurement: Official learning and development offer for central government and the wider public sector, published September 2023, accessed 5 February 2024
  8. Womble Bond Dickinson, Procurement Act 2023: Government launches first guidance and training initiatives, published 11 December 2023, accessed 5 February 2024
  9. "The Procurement Regulations 2024". legislation.gov.uk. Retrieved 27 March 2024.