The following Public Law practice note provides comprehensive and up to date legal information covering:
The UK public procurement regime derives from EU procurement laws and is therefore impacted by Brexit.
As of 31 January 2020 (exit day), the UK is no longer an EU Member State and its relationship with the EU is governed by the Withdrawal Agreement, which came into effect on 1 February 2020 (see below). For background analysis, see: Exit day—the practice area/sector view.
The Withdrawal Agreement contains transitional arrangements, which provide for a transition period (referred to in the UK implementing legislation as the implementation period), which is due to run from exit day until 31 December 2020 (IP completion day). During this period, the UK continues to be treated as a Member State for many purposes, including public procurement.
As a third country, the UK can no longer participate in the EU’s political institutions, agencies, offices, bodies and governance structures (except to the limited extent agreed), but the UK must continue to adhere to EU law and submit to the continuing jurisdiction of the Court of Justice of the European Union in accordance with the transitional arrangements in the Withdrawal Agreement. For background reading, see: Brexit—introduction to the Withdrawal Agreement.
For public procurement, the EU procurement rules (as implemented in domestic law) will continue to apply as they did before exit day, for the duration of the transition period, in accordance with the transitional arrangements
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NOTE: This Practice Note is being reviewed in light of the changes to CPR 81 that will be introduced by the Civil Procedure (Amendment No 3) Rules 2020, SI 2020/747, which is available here. The changes to CPR 81 involve a substitution of the entirety of CPR 81, which will be renamed ‘Part 81
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