Brexit—the implications for public procurement

The following Public Law practice 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
  • Status of the public procurement regime under retained EU law
  • Impact of the EU-UK Trade and Cooperation Agreement (TCA)
  • Implementation of the TCA
  • Procurement Policy Note 02/21
  • Key legislation
  • Changes to the retained PCR 2015 post-IP completion day
  • Transitional procurement procedures
  • More...

Brexit—the implications for public procurement

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 ceased to be an EU Member State and its relationship with the EU became subject to 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 provided for a transition period (referred to in the UK implementing legislation as the implementation period), which ran from exit day until 31 December 2020 (IP completion day). During this period, the UK continued 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 during transition, the UK continued 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) continued to apply as they did before exit day, for the duration of the transition period, in accordance with the transitional

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