The ‘in-house’ (Teckal) and ‘co-operation agreement’ (Hamburg) exemptions

Copyright © 2025 LexisNexis
Produced in partnership with Katherine Calder of DAC Beachcroft
Practice notes

The ‘in-house’ (Teckal) and ‘co-operation agreement’ (Hamburg) exemptions

Copyright © 2025 LexisNexis

Produced in partnership with Katherine Calder of DAC Beachcroft

Practice notes
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STOP PRESS: As of 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) are in force. Procurements begun on or after this date must be carried out under PA 2023, whereas those begun under the previous legislation (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be procured and managed under that legislation. See Practice Note: Introduction to the Procurement Act 2023—PA 2023.

PCR 2015 as assimilated law

PCR 2015 are EU-derived domestic legislation and therefore assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018.

For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law.

The search for alternative service delivery models that will improve efficiency and effectiveness in the public sector is unrelenting. Economic austerity in government funding and the impact of the coronavirus (COVID-19) pandemic underline the need for the most cost-effective model.

Arm’s

Katherine Calder
Katherine Calder

Partner, DAC Beachcroft

Katherine is a Partner at DAC Beachcroft and heads the firm's Public Procurement Law team and chairs its Infrastructure & Projects group. Katherine has over 20 years’ experience of advising public bodies, utilities and the private sector on public procurement issues. Katherine has advised upon the procurement issues inherent within a wide variety of PPPs, PFIs, regeneration and outsourcing projects, across sectors and covering most aspects of local and national public infrastructure; from new homes, schools, energy facilities, roads to IT projects.

Highlights over her career include numerous education, waste and housing PPPs/PFIs; the 2012 Olympic Games; the Thames Tideway Tunnel super-sewer; high profile defence agreements; the complex alliances and other significant partnerships for the National Highways, the Metropolitan Police, Thames Water, Transport for London, the Greater London Authority and many central government departments. She also advises private sector bidders on how to do their very best in public procurements.

While Katherine is predominantly a transactional lawyer, she has also instructed Counsel on a number of high profile procurement claims including AEW vs Basingstoke and the Consultant Connect litigation. 

Katherine has been ranked for procurement in Chambers & Partners UK for many years and for Government Contracts in Who’s Who Legal. She also holds a diploma in local government law. Chambers & Partners has quoted clients as saying (2023): 

"She is extremely pragmatic and experienced. She really builds relationships and brings novel solutions to our issues."

"Katherine is an exceptional lawyer who always provides objective, considered and very pragmatic advice."

"She is excellent. She's clear, concise and responsive."

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Jurisdiction(s):
United Kingdom
Key definition:
Co-operation Agreement definition
What does Co-operation Agreement mean?

1. An agreement between the operators of neighbouring nuclear sites establishing a framework within which all parties can secure compliance with their legal obligations (UK). 2. An agreement between States (or between a State and Euratom) that facilitates nuclear trade and collaboration (International).

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