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in UK domestic law via secondary legislation introduced under the European Communities Act 1972, which will be repealed on exit day under the European Union (Withdrawal) Act 2018 (EU(W)A 2018).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