Procurement Act 2023

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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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Latest Public Law News

Business and Trade Committee finds serious structural failings persist in Post Office Horizon redress

The Business and Trade Committee (BTC) has published its sixteenth Report of Session 2024–26, reviewing progress on compensation schemes and setting out further recommendations to the government. The BTC notes that over 11,300 claimants have received payments and that approximately £1.44bn has been distributed; however, a significant number remain without full and final redress, and it recommends that all outstanding payments be completed in 2026 with appropriate resourcing. In relation to the Horizon Shortfall Scheme (HSS), the BTC highlights continuing delays in fully assessed claims and recommends that remaining complex cases be transferred to the Department for Business and Trade (DBT), with funded legal advice made available earlier in the process. For the Horizon Convictions Redress Scheme (HCRS), it recommends that the full £600,000 fixed-sum entitlement be paid upfront to eligible claimants rather than in stages. The BTC further recommends that the Ministry of Justice (MoJ) establish a formal independent appeals mechanism for decisions under the Post Office (Horizon System) Offences Act 2024 and undertake a renewed review of historical records to reduce the risk of eligible individuals being overlooked. The report also calls on the government to seek an interim payment from Fujitsu towards redress costs and to publish details of public sector contracts awarded to the company and recommends legislation to quash convictions linked to the pre-Horizon ‘Capture’ system and an investigation into the potential scale of related cases. Chair of the BTC, Rt Hon Liam Byrne MP, states that serious structural failings persist and that thousands remain without full redress. He adds that Fujitsu has yet to contribute to the £2bn redress bill and that emerging evidence relating to the Capture system may represent ‘the tip of another iceberg’.

UK Supreme Court publishes Judicial Diversity & Inclusion Strategy 2026–30

The UK Supreme Court has published its Judicial Diversity & Inclusion Strategy 2026–30, building on its first strategy issued in 2021. The new strategy sets out the Court’s objectives for the next four years and explains how progress will be measured. It establishes two primary objectives: (1)supporting an inclusive culture and working environment at the Court, with Justices leading efforts to promote inclusive workplaces, improve understanding of the experiences of diverse groups engaging with the Court and minimise bias and (2) actively supporting the progression of underrepresented groups into the legal profession and judicial roles through outreach, education and partnerships. It also highlights achievements since 2021, including the development of the Bridging the Bar internship and partnerships with professional associations such as the Sikhs in Law Association. The Court will publish annual updates on its diversity and inclusion work and will review and set action plans annually based on feedback and progress made.

Public Law weekly highlights—12 March 2026

This week's edition of Public Law weekly highlights includes a hand-picked summary of news analysis, legal updates and case law from the world of Public Law. These highlights include the latest updates on Brexit, constitutional and administrative law, equality and human rights, judicial review, public procurement, subsidy control and state aid, information law and other Public Law news. This edition features analysis of the Supreme Court’s decision in JR87 on religious education and A2P1 ECHR, significant Brexit developments including further detail on the proposed UK-EU SPS Agreement and the latest Brexit case law, new guidance on the phased-in Procurement Act 2023 transparency requirements, important public law rulings on justiciability and the foreign affairs prerogative in R (Pompe) v Secretary of State for Foreign, Commonwealth and Development Affairs, as well as analysis of the Upper Tribunal’s first contempt finding against a public authority for non-compliance with a Freedom of Information substituted decision notice in Bence v Cornwall Council, plus a range of further case updates and analysis.

SLSC 54th report of 2024–26: no SIs reported; none recommended for upgrade

No SIs considered by the Secondary Legislation Scrutiny Committee (SLSC) were reported. Under its post-Brexit sifting role, the SLSC considered two proposed negative instruments laid under the Retained EU Law (Revocation and Reform) Act 2023 and made no recommendations for upgrade.

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