Automatic suspension—PA 2023

Copyright © 2025 LexisNexis
Produced in partnership with Emma Luscombe of Womble Bond Dickinson
Practice notes

Automatic suspension—PA 2023

Copyright © 2025 LexisNexis

Produced in partnership with Emma Luscombe of Womble Bond Dickinson

Practice notes
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STOP PRESS: As of 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) are in force. Procurements begun on or after this date must be carried out under PA 2023, whereas those begun under the previous legislation (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be procured and managed under that legislation. See Practice Note: Introduction to the Procurement Act 2023—PA 2023.

This content relates to the Procurement Act 2023 regime

This practical guidance is about public procurement under the Public Procurement Act 2023 (PA 2023). For practical guidance on automatic suspension under the previous legislation, see Practice Note: Automatic Suspension.

Automatic suspension

PA 2023, which governs procurements of public contracts above applicable thresholds (see Practice Note: Introduction to the Procurement Act 2023—PA 2023 ), automatically imposes a requirement that prevents a contracting authority from entering into or modifying a public contract if it is notified that a claim setting out an

Emma Luscombe
Emma Luscombe

Managing Associate, Womble Bond Dickinson

Emma has over 10 years' experience advising on public sector projects, with a focus on procurement law, contracts, subsidy control and transparency laws such as the Freedom of Information Act 2000.

On procurement law, she is advising and delivering training on the application of the Procurement Act 2023, as well as continuing to advise authorities and suppliers on the practical application of the Public Contracts Regulations 2015, Utilities Contracts Regulations 2016 and the Concession Contracts Regulations 2016. This includes advising on procurement strategy and procedure, drafting and reviewing procurement documents, conducting bidder dialogue sessions and advising on standalone queries such as contracting authority status and 'Teckal' structures.

Her advice on the Subsidy Control Act 2022 includes advising on the application of the Act to client projects, reviewing Principles Assessments and formal referrals to the Competition and Markets Authority.

She also specialises in advising authorities and organisations on the making and handling of complex requests for information under the Freedom of Information Act 2000 and Environmental Information Regulations 2004, and has particular experience in interpreting the statutory powers and obligations of public bodies in relation to information disclosures.

Emma trained and qualified at Womble Bond Dickinson. She has undertaken two secondments, including one to a large local authority where she gained invaluable in-house experience. She regularly delivers practical client training on all of the above areas of law and has presented workshops at the Annual Freedom of Information Conference.

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Jurisdiction(s):
United Kingdom

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