Brexit—the implications for public procurement
Brexit—the implications for public procurement

The following Public Law guidance note provides comprehensive and up to date legal information covering:

  • Brexit—the implications for public procurement
  • UK public procurement law in context
  • Effect of the European Union (Withdrawal) Act 2018 and retained EU law
  • Changes to retained public procurement law
  • Impact on public procurement case law
  • Impact of the Withdrawal Agreement and transitional arrangements
  • Guidance contrasting the possible outcomes for public procurement
  • Updates to the government Model Services Contract
  • Future public procurement policy
  • Further reading on related subjects

The UK public procurement regime derives from EU procurement laws and is therefore impacted by Brexit. The EU public procurement framework consists of a package of directives that govern procedures for the award by public authorities and utilities of public contracts over specified financial thresholds for supplies of works, goods and services.

UK public procurement law in context

The EU public procurement regime consists of a series of EU directives that have been implemented in each EU Member State following extensive reform. The key aspects of the EU public procurement regime are set out in the following EU directives, implemented in England, Wales and Northern Ireland as follows:

  1. Directive 2014/24/EU, the Public Contracts Directive, addresses contracts awarded by central government, local authorities and other public sector bodies. The Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, implement the Public Contracts Directive, replacing the Public Contracts Regulations 2006 (PCR 2006), SI 2006/5―for background reading, see Practice Note: Introduction to public contracts procurement

  2. Directive 2014/25/EU, the Utilities Contracts Directive, addresses contracts awarded by operators of utilities services, particularly water, energy and transport. The Utilities Contracts Regulations 2016, SI 2016/274, implement the Utilities Contracts Directive and replace the Utilities Contracts Regulations 2006, SI 2006/6―for background reading, see Practice Note: Introduction to utilities contracts procurement

  3. Directive 2014/23/EU, the Concessions Directive, addresses contracts between contracting