The following LexisNexis Local Government practice note, produced in partnership with Katherine Calder of DAC Beachcroft, provides comprehensive and up to date legal information providing an introduction to public contracts procurement.
• Brexit impact - public procurement
• The EU public procurement regime
• Status of the public procurement regime under retained EU law
• Key principles and guidance
• Applying the PCR 2015
• Contracting authorities
• Bodies governed by public law
• Types of contract
• Financial thresholds
The UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s withdrawal from the EU; but only to a limited extent. In all material respects, the public procurement regime in the UK continues with minimal changes.
The Public Procurement (Amendment etc) (EU Exit) Regulations 2020 amended and revoked provisions of public procurement legislation in order to address practical issues arising due to the UK’s withdrawal from the EU, ensuring that the legislation would continue to operate effectively after the UK left the EU and the associated transitional arrangements came to an end at the end of the Brexit transition/implementation period at 11 pm on 31 December 2020 (IP completion day).
These amendments formed part of the wider domestic legislative project in connection with Brexit, introduced under the European Union (Withdrawal) Act 2018 (EU(W)A 2018). Some of these amendments are subject to overriding requirements in line with the UK’s international obligations, for instance under relevant separation provisions of the Withdrawal Agreement, or under the procurement provisions within the EU-UK Trade and Cooperation Agreement (TCA). For background reading, see Practice Notes: Brexit—key legislation explained and Brexit—the implications for public procurement.
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