The new Procurement Bill: Transforming public procurement

The new Procurement Bill is currently passing through Parliament, having had its first reading in the House of Lords on the 11th May 2022. This follows the Queen’s Speech on the 10th May 2020 which stated that public sector procurement will be simplified to provide new opportunities for small businesses. The Bill is intended to: Create a simpler regime that works better for the UK, reducing costs and improving productivity. Establish a single digital platform for supplier registration, businesses will only have to submit their data once to qualify for any public sector procurement. Give public sector buyers more freedom and flexibility by allowing them to better negotiate with suppliers and to design the buying process to meet the needs of their specific procurement. Enable smaller contracts to be restricted to UK suppliers, as permitted by World Trade Organization rules, and ensuring that procurement activities aid jobs and innovation.

The core provisions in the Bill will extend to the whole of the UK, with the exception of devolved authorities in Scotland whose procurements will continue to be regulated under the existing procurement regime in Scotland. We have agreed with the Welsh Government and Northern Ireland Executive that devolved Welsh and Northern Irish authorities will be included in the Bill. This is subject to minor derogations from certain aspects and certain regulation-making powers in the bill may also be used by Welsh and Northern Irish Ministers in respect of the same authorities.

The Bill makes provision for regulating cross border procurements involving devolved Scottish authorities so they can access English,  Welsh or Northern Irish frameworks and dynamic markets and undertake joint procurement with English, Welsh  and Northern Irish bodies, and vice versa. This is particularly relevant for central purchasing bodies setting up arrangements for cross border use.

The Bill will take several months to complete its passage through Parliament. The Government will give a minimum of six months’ notice before ‘go-live’; this will not be until 2023 at the earliest.  The existing legislation will apply until the new regime goes live and will also continue to apply to procurements started under the old rules. Guidance will be provided to cover the transition from the old to the new regulations.

There is a dedicated webpage on the Government’s gov.uk platform here which will be updated as the programme develops.

Free Webinar for NWUPC Members - Transforming Public Procurement – Preparing for Changes to PCR

When - Wednesday 22 June, 11:00 – 12:00 - Free to register for NWUPC Members

Join HE Sector expert David Hansom from Clyde & Co as he provides his insight and advice, alongside real-life examples of case law, on expected changes following the Government’s Green Paper: Transforming Public Procurement.  The session will help procurement professionals across the HE and wider public sectors consider changes coming into force in 2023, including transparency obligations and open and closed framework terms.  More information and booking details coming soon!

Transforming public procurement

If you have anything you wish to discuss about the Green Paper please contact us here.

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