Q&As

If a charity wishes to procure goods or services using a Crown Commercial Service contract, does it have to apply the public procurement rules and procedures in full?

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Published on LexisPSL on 05/05/2021

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

  • If a charity wishes to procure goods or services using a Crown Commercial Service contract, does it have to apply the public procurement rules and procedures in full?

If a charity wishes to procure goods or services using a Crown Commercial Service contract, does it have to apply the public procurement rules and procedures in full?

It is assumed that the reference to 'public procurement rules and procedures' is a reference to the rules and procedures under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 (in particular Part 2).

PCR 2015, SI 2015/102 (as amended by the Public Procurement (Amendment etc) (EU Exit) Regulations 2020, SI 2020/1319) apply to ‘contracting authorities’. PCR 2015, SI 2015/102, reg 2(1) defines ‘contracting authorities’ as comprising, inter alia, ‘bodies governed by public law’. They are defined as bodies that have all of the following characteristics:

'(a) they are established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character

(b) they have legal personality, and

(c) they have any of the following characteristics:—

(i) they are financed, for the most part, by the State, regional or local authorities, or by other bodies governed by public law

(ii) they are subject to management supervision by those authorities or bodies, or

(iii) they have an administrative, managerial or supervisory board, more than half of whose members are appointed by the State, regional or local authorities, or by other bodies governed by public law'

Most, if not all, charities registered with the Charities Commission will have a purpose of

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