New Procurement Act Obligations for 2026: Are You Compliant?
Procurement Act 2023 (Commencement No. 4) Regulations 2025 has been in force since the 1 January 2026
The regulations now bring into force the remaining publications obligations under the Procurement Act 2023 (relating to the payments compliance notice, significant payment notice and contract performance notice). Where and when publication of each notice becomes obligatory is as follows:
Section 69 – Payments Compliance Notices
From 1 January 2026, contracting authorities in England must now publish payments compliance notices, confirming their adherence to prompt‑payment requirements. This notice confirms how well contracting authorities have complied with the prompt‑payment duty in section 68(2) of the Procurement Act 2023 — specifically, whether it has paid valid and undisputed invoices within 30 days during the relevant six‑month reporting period.
In Wales, the duty switches on from 1 April 2026, following ministerial consent.
The requirement does not apply to a transferred Northern Ireland authority.
Section 70 – Significant Payments Notice
From 1 April 2026, in England, authorities must publish a notice whenever a payment exceeding £30,000 is made under a public contract.
For Wales, no commencement date has yet been set, and the duty again does not apply to a transferred Northern Ireland authority.
Further detail—specifying exactly what must be included in this notice—is expected through amendments to the Procurement Regulations 2024 (SI 2024/692), with government guidance anticipated early this year.
Section 71 – Contract Performance Notice
Also, in force from 1 January 2026, England, Wales and Northern Ireland must now publish contract performance notices to report supplier’s KPI performance and contract breaches (except where the breach results in full contract termination (in that case, a termination notice must be published instead)).
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