Q&As

What is the impact of a no-deal Brexit on public procurement?

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Published by a LexisNexis Public Law expert
Published on: 02 October 2019
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In conducting our research we have focussed on public procurement under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102.

How does Brexit impact public procurement?

The UK public procurement regime derives from EU public procurement laws and is therefore impacted by Brexit. The EU public procurement regime consists of a package of directives that govern procedures for the award by governments, public authorities and utilities of public contracts over specified financial thresholds for supplies of works, goods and services.

Public procurement in the UK is regulated by rules and legislation emanating from the EU. These rules derive from the Treaty on the Functioning of the European Union (which lays down general principles applicable to public procurement exercises, including the principles of transparency, equal treatment and non-discrimination) and the EU directives on public procurement as implemented in domestic law. These directives are implemented in UK domestic law via secondary legislation introduced under the European Communities Act 1972, which will be repealed on exit day under the European Union (Withdrawal) Act

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Brexit definition
What does Brexit mean?

means: (a) the United Kingdom (UK) ceasing to be a member state of the European Union (EU) and/or the European Economic Area (EEA) on exit day; and/or (b) the commencement, end of[ or variation in] any transitional, trading or other arrangements from time to time between: (i) the UK and the EU and/or EEA (including during any implementation period and IP Completion Day); and/or (ii) the UK and any other country, group of countries, international organisation, bloc or body (including the World Trade Organization) in contemplation of or (directly or indirectly) in connection with the UK’s said cessation of membership;

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