Update on timescales for new procurement legislation

Procurement Bill

It has been announced that the date for commencement of the Procurement Bill is now likely to be in October 2024. This is later than previously thought.

A public consultation has also begun as part of finalising the secondary legislation that will support and supplement the new Procurement Act.

The first part of the consultation has been published. It refers predominantly to areas of the Bill which require lists, calculations or further definitions to be used in practice. The questions seek to understand to what extent the draft secondary legislation provisions implement the policy intent as established in the Bill.

You have until 28 July to provide a response to these questions – so this is your chance to provide feedback:

Part 1 Consultation on draft regulations to implement the Procurement Bill

A second consultation will address the transparency provisions and notices used by contracting authorities as part of their obligation under the new Act, and is expected to be published in July 2023.

In the meantime, the Public Contracts Regulations 2015 continue to apply.

Provider Selection Regime

NHS England has now updated its website in regards to timing of the Provider Selection Regime. It states:

Subject to parliamentary processes, the Department of Health and Social Care aims to introduce the PSR by the end of 2023. As soon as the Department of Health and Social Care announces the commencement date of the PSR, NHS England will update this webpage to communicate timings for implementation roll-out.

As the introduction of the PSR is later than anticipated, commissioners should continue to consider the current rules (under the Public Contracts Regulations 2015 and the National Health Service (Procurement, Patient Choice and Competition) (No.2) Regulations 2013) when considering the legal duties applicable to contract awards or extensions.

We will continue to keep you updated on the timescales for the new legislation.

Please contact us should you wish to discuss how we can assist you and your team, and find out more about our procurement team here.

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