Introduction to utilities contracts procurement
Produced in partnership with Katherine Calder of DAC Beachcroft

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

  • Introduction to utilities contracts procurement
  • Brexit impact—public and utilities procurement
  • Scope and application of the Utilities Contracts Regulations 2016
  • Types of utilities/activities
  • Categories of utility
  • Prescribed activity
  • Financial thresholds
  • Excluded contracts
  • Affiliates, subsidiaries and public co-operation
  • Award to controlled bodies
  • More...

Introduction to utilities contracts procurement

Brexit impact—public and utilities procurement

The UK public and utilities procurement regime derives from EU public procurement laws, and was 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.

The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 amended and revoked provisions of public/utilities procurement legislation in order to address practical issues arising due to the UK’s withdrawal from the EU, ensuring that the legislation would continue to operate effectively after the UK left the EU and the associated transitional arrangements came to an end at the end of the Brexit transition/implementation period at 11 pm on 31 December 2020 (IP completion day).

These amendments formed part of the wider domestic legislative project in connection with Brexit, introduced under the European Union (Withdrawal) Act 2018 (EU(W)A 2018). Some of these amendments are subject to overriding requirements in line with the UK’s international obligations, for instance under relevant separation provisions of the Withdrawal Agreement, or under the procurement provisions within the EU-UK Trade and Cooperation Agreement (TCA). For background reading, see Practice Notes: Brexit—key legislation explained and Brexit—the implications for public procurement.

The aim of the amendments to the various pieces of domestic public procurement legislation is to reflect the UK’s status as a

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