Disclosure in connection with procurement challenges
Produced in partnership with Andrew Millross, Partner of Anthony Collins Solicitors LLP
Disclosure in connection with procurement challenges

The following Local Government guidance note Produced in partnership with Andrew Millross, Partner of Anthony Collins Solicitors LLP provides comprehensive and up to date legal information covering:

  • Disclosure in connection with procurement challenges
  • Brexit impact—public procurement
  • Aspects of disclosure in public procurement
  • Overview of disclosure under the CPR
  • Disclosure under FIA 2000
  • Disclosure in connection with a local authority audit
  • Government transparency agenda

Brexit impact—public procurement

The UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s withdrawal from the EU. For general updates on the process and preparations for Brexit, see Practice Note: Brexit timeline. For further reading on the impact of Brexit on public procurement, see Practice Note: Brexit—the implications for public procurement.

Aspects of disclosure in public procurement

There are a number of aspects to disclosure in procurement. This Practice Note covers:

  1. disclosure in connection with procurement challenge proceedings, particularly under the Civil Procedure Rules 1998 (CPR)

  2. disclosure of procurement and contract information under the Freedom of Information Act 2000 (FIA 2000)

  3. disclosure obligations in connection with an audit, and

  4. local government and central government disclosure requirements based on the Government’s transparency agenda

FIA 2000 applies only to certain types of contracting authority, including central and local government, NHS bodies and schools (but for example, registered providers of social housing are currently not subject to FIA 2000). In relation to audits, this Practice Note deals solely with local authority audit obligations. Similar obligations may well apply to other contracting authorities, but these will be sector specific.

Overview of disclosure under the CPR

Disclosure in the context of court proceedings is governed by CPR 31. Technically, disclosure means stating (in a