Q&As

Could the exemption under the Public Contracts Regulations 2015, SI 2015/102, reg 12(7) be applied to a public sector collaboration agreement which includes a provision for the transfer of land between the contracting entities?

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Published on LexisPSL on 03/07/2020

The following Public Law Q&A provides comprehensive and up to date legal information covering:

  • Could the exemption under the Public Contracts Regulations 2015, SI 2015/102, reg 12(7) be applied to a public sector collaboration agreement which includes a provision for the transfer of land between the contracting entities?
  • Application of the Public Contracts Regulations 2015
  • Public to public contracts
  • Case law examples
  • Further reading

Application of the Public Contracts Regulations 2015

The Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, implement the Public Contracts Directive 2014/24/EU. PCR 2015, SI 2015/102, Pt 2 set out the rules on the procedures for procurement by contracting authorities with respect to public contracts and design contests which have an estimated value exceeding the relevant financial threshold set in PCR 2015, SI 2015/102, reg 5 and are not excluded.

Not all transactions require a public procurement procedure advertised and tendered in accordance with PCR 2015, SI 2015/102, Pt 2. The applicable rules and procedures (and exclusions) will depend on the circumstances and nature of the deal and the contracting authority’s role in the transaction.

Where a project includes a land transaction, as well as works and/or services, a careful assessment must be made by the contracting authority as to whether the arrangement is subject to PCR 2015, SI 2015/102. For background reading, see Practice Notes: Introduction to public contracts procurement and Urban regeneration and development agreements.

When looking at transactions in the context of the public procurement rules, the underlying principles and objectives should also be kept in mind, including transparency. For background reading, see Practice Note: Transparency in procurement processes.

Public to public contracts

PCR 2015, SI 2015/102, reg 12 is concerned with public contracts between entities within the public sector. PCR 2015, SI 2015/102, reg 12(7) provides

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