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

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Published on LexisPSL on 02/10/2019

The following Public Law Q&A provides comprehensive and up to date legal information covering:

  • What is the impact of a no-deal Brexit on public procurement?
  • How does Brexit impact public procurement?
  • What are the key priorities or impact areas in a no-deal Brexit scenario?
  • What is the UK government doing to prepare for a no-deal Brexit in the context of public procurement?
  • What else is being done to prepare for a no-deal Brexit in this sector?
  • What are lawyers and public procurement practitioners doing to prepare?
  • Further reading

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in UK domestic law via secondary legislation introduced under the European Communities Act 1972, which will be repealed on exit day under the European Union (Withdrawal) Act 2018 (EU(W)A 2018).

The EU is also a member of the World Trade Organization (WTO) Government Procurement Agreement (the GPA), which governs public procurement between a wide range of countries. The UK signed up to the WTO GPA as an EU Member State. In theory, after Brexit it will fall to the UK to conclude its own agreements

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