Q&As

What is the impact of the UK’s withdrawal from the EU on public procurement laws?

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Published on LexisPSL on 29/07/2021

The following Local Government Q&A provides comprehensive and up to date legal information covering:

  • What is the impact of the UK’s withdrawal from the EU on public procurement laws?

What is the impact of the UK’s withdrawal from the EU on public procurement laws?

The UK public procurement regime is derived from EU public procurement laws, and was therefore impacted by the UK’s withdrawal from the EU.

11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At that point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements came to an end and significant changes began to take effect across the UK’s legal regime. See Practice Note: What does IP completion day mean for public law?

For any procurement exercise started before IP completion day, transitional procurement rules reflecting the relevant requirements applicable under EU law still apply until the contract has been awarded, or the exercise is abandoned.

After IP completion day, the EU Directives underpinning the domestic public procurement regime no longer apply to contracting authorities in the UK in the way they did before. However, most of the relevant EU law has been implemented into domestic law by national legislation, which remains in place as retained EU-derived domestic legislation. This includes:

  1. the Public Contracts Regulations 2015 (PCR 2015)

  2. the Utilities Contracts Regulations 2016

  3. the Concessions Contract Regulations 2016

  4. the Defence and Security Public Contracts Regulations 2011, and

  5. other regulatory provisions such as:

    1. section

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