Procurement Act 2023

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 (where applicable), whereas those begun under the previous legislation (the Public Contracts Regulations 2015, SI 2015/102, the Utilities Contracts Regulations 2016, SI 2016/274, the Concession Contracts Regulations 2016, SI 2016/273, and the Defence and Security Public Contracts Regulations 2011, SI 2011/1848) must continue to be procured and managed under that legislation. See Practice Note: Introduction to the Procurement Act 2023—PA 2023.

This practical guidance relates to the Procurement Act 2023

This subtopic contains a range of resources focussing on some of the key considerations for contracting authorities conducting a public procurement exercise under PA 2023.

For practical guidance on public procurement under the previous legislation, see Practice Notes:

  1. Introduction to public contracts procurement

  2. Introduction to concession contracts procurement

  3. Introduction to utilities contracts procurement

For background reading on the key differences between PA 2023 and the previous regime, see Checklist: Procurement Act 2023—key changes.

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When time is critical—the balance of convenience (International SOS Assistance UK Ltd v Secretary of State for Defence)

Public Law analysis: This case concerns a successful application submitted by the contracting authority under regulation 96 of the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, to lift the automatic suspension imposed by regulation 95(1), alongside the refusal of a request for an expedited trial by International SOS Assistance UK Ltd (the claimant). The judgment highlights the court’s careful consideration of urgency surrounding the implementation of new arrangements, in this case, the provision of medical services to military personnel overseas. The case provides useful clarification on the factors considered when determining whether to lift an automatic suspension. It highlights the court’s approach in weighing the potential advantages to the contracting authority of lifting the suspension against the interests of the claimant and the wider public in maintaining it, particularly where lifting the suspension could enable the award of a contract offering additional benefits beyond those currently in place. The judgment places a spotlight on the inherent difficulties in assessing damages, noting that such calculations require consideration of complex and uncertain hypothetical scenarios. As a result, the court concluded that damages could not be regarded as an adequate remedy for either the claimant or the contracting authority in this case. Considering then the balance of convenience, Mr Justice Eyre determined that the public interest in implementing the new arrangements promptly, particularly given consideration to the operational readiness and national security concerns, outweighed the claimant’s risk of uncompensated loss, such that the suspension was lifted and the request for expedition refused. Written by Sam Pringle, senior associate and Charlotte Jones, trainee solicitor at DWF Law LLP.

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