Introduction to public contracts procurement — 2022
Produced in partnership with Katherine Calder of DAC Beachcroft
Last updated on 09/08/2022

The following Local Government practice note produced in partnership with Katherine Calder of DAC Beachcroft provides comprehensive and up to date legal information covering:

  • Introduction to public contracts procurement
  • Brexit impact—public procurement
  • Status of the public procurement regime under retained EU law
  • The EU public procurement regime
  • Key principles and guidance
  • Applying the PCR 2015
  • Contracting authorities
  • Bodies governed by public law
  • Types of contract
  • Financial thresholds
  • More...

Introduction to public contracts procurement

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; but only to a limited extent. In all material respects, the public procurement regime in the UK continues with minimal changes until the forthcoming public procurement reform comes into force. For further reading see: What is the impact of the UK’s withdrawal from the EU on public procurement laws?, What is happening with public procurement reform post Brexit? and Practice Note: What does completion-day'>IP completion day mean for public law?

Status of the public procurement regime under retained EU law

Before Brexit, EU public procurement law took effect in UK domestic law via the European Communities Act 1972 (ECA 1972). In order to give effect to Brexit in domestic law, the ECA 1972 was repealed by section 1 of the European Union (Withdrawal) Act 2018 (EU(W)A 2018). The ECA 1972 was introduced to give domestic legal effect to the UK’s obligations under the relevant EU Treaties, to comply with EU law as a Member State. As such, its repeal was central to the domestic legislative preparation for Brexit, and required in order to give effect to the UK’s withdrawal from the EU regime. The core legal framework providing for this change, dealing with the domestic legal consequences (in particular

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Key definition:
Procurement definition
What does Procurement mean?

In construction, procurement is the process the client goes through to bring about construction works, ie how it buys the design and construction of its project. ‘Methods of procurement’ and ‘procurement routes’ are commonly used to refer to ways that the design and construction of a project can be procured.

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