Introduction to utilities contracts procurement
Produced in partnership with Walker Morris
Introduction to utilities contracts procurement

The following Public Law guidance note Produced in partnership with Walker Morris provides comprehensive and up to date legal information covering:

  • Introduction to utilities contracts procurement
  • Brexit impact—public procurement
  • Scope and application of the Utilities Contracts Regulations 2016
  • Types of utilities/activities
  • Financial thresholds
  • Excluded contracts
  • Affiliates, subsidiaries and public co-operation
  • Procurement procedures
  • Conduct of the procurement procedure
  • Contract award and standstill
  • more

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: Brexit timeline. For further reading on the impact of Brexit on public procurement, see Practice Note: Brexit—the implications for public procurement.

Scope and application of the Utilities Contracts Regulations 2016

The Utilities Contracts Regulations 2016, SI 2016/274 (UCR 2016) implemented Directive 2014/25/EU, the Utilities Contracts Directive, in England, Wales and Northern Ireland. Most provisions came into force on 18 April 2016. Procurement procedures started before then are governed by the Utilities Contracts Regulations 2006 (now repealed), as are awards of specific contracts under frameworks or dynamic purchasing systems concluded or procured prior to that date.

The UCR 2016 set out rules for utilities entering into public contracts with a value above the relevant financial threshold for works, products or services. For further reading on the financial thresholds, see Practice Note: EU procurement thresholds.

Concession contracts for works or services will be procured under the Concession Contracts Regulations 2016, SI 2016/273 (CCR 2016). For further reading see Practice Note: Introduction to concession contracts procurement.

Types of utilities/activities

The question of whether a body is subject to the UCR 2016 is determined by whether it