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GLOSSARY
For the purposes of the EU GDPR and UK GDPR, the natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
PRACTICE NOTES
CASE HUB ARCHIVED—this archived case hub reflects the position at the date of the decision of 3 February 2022; it is no longer maintained. See further, timeline, commentary and related cases. Case facts Outline CMA Article 101 TFEU/Chapter I investigation into Alliance, Focus, Lexon and Medreich in relation to an alleged agreement not to compete for the supply of prochlorperazine 3mg buccal tablets in the UK. Latest developments On 18 October 2022, the High Court made an order transferring the competition law issues in the CMA’s director disqualification proceedings to the CAT. The High Court will wait for the decision of the CAT before progressing the CMA’s disqualification case further. At a case management conference on 14 November 2022, the CAT made case management orders addressing the transferred aspect of the disqualification proceeding. Parties • Alliance Pharmaceuticals Limited and Alliance Pharma plc (together, Alliance). Alliance is an international pharmaceutical company listed on AIM. Alliance’s expertise lies in the acquisition and licensing of pharmaceutical and healthcare products and delivering these to patients.•
GLOSSARY
A legally qualified public prosecutor within the Crown Office and Procurator Fiscal Service.
GLOSSARY
A method of obtaining materials or craftsmen for projects and building work.
NEWS
The UK Parliament has issued a written statement by Parliamentary Secretary for the Cabinet Office, Georgia Gould, on proposals for a short delay to the commencement of the Procurement Act 2023, which was due to commence in October 2024. Gould has confirmed that the government intends to make regulations to set a new commencement date of 24 February 2025. Gould has noted that the previous government’s National Procurement Policy Statement (NPPS) did not meet the ‘challenge of applying the full potential of public procurement’ and that a new NPPS is being produced to set out the new Labour government’s priorities for public procurement. Gould hopes that the extra time will allow a more ‘seamless transition’ into the new regime. Gould has also noted that relevant Ministers in the Welsh Government and the Northern Irish Executive have been contacted to seek their agreement to the new commencement date.
PRACTICE NOTES
STOP PRESS: 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, whereas those begun under the previous legislation (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be procured and managed under that legislation. See Practice Note: Introduction to the Procurement Act 2023—PA 2023. This content relates to the Procurement Act 2023 regime This practical guidance is about public procurement under the Procurement Act 2023 (PA 2023). For practical guidance on public procurement under the previous legislation, see Practice Notes: Introduction to public contracts procurement—pre PA 2023 [Archived], Introduction to concession contracts procurement—pre-PA 2023 [Archived] and Introduction to utilities contracts procurement—pre-PA 2023 [Archived]. Parallel application of PA 2023 and previous regulations The government intended the implementation of PA 2023 to cause as little disruption as possible for procurements already
PRACTICE NOTES
STOP PRESS: 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, whereas those begun under the previous legislation (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be procured and managed under that legislation. See Practice Note: Introduction to the Procurement Act 2023—PA 2023. This content relates to the Procurement Act 2023 regime This practical guidance is about public procurement under the Procurement Act 2023 (PA 2023). For practical guidance on public procurement under the previous legislation, see Practice Notes: Introduction to public contracts procurement—pre PA 2023 [Archived], Introduction to concession contracts procurement—pre-PA 2023 [Archived] and Introduction to utilities contracts procurement—pre-PA 2023 [Archived]. Parallel application of PA 2023 and previous regulations The government intended the implementation of PA 2023 to cause as little disruption as possible for
NEWS
Public Law analysis: 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, whereas those begun under the previous legislation (including the Public Contracts Regulations 2015, Utilities Contracts Regulations 2016, Concession Contracts Regulations 2016, and Defence and Security Public Contracts Regulations 2011) must continue to be procured and managed under that legislation. This analysis highlights some of the key details and developments, with top tips and insights from expert contributors to our practical guidance on PA 2023.
PRACTICE NOTES
This Practice Note sets out the key points for consideration when drafting and negotiating a construction contract for projects to which the Procurement Act 2023 (PA 2023) applies. It gives guidance on where amendment to a standard form construction contract may be necessary or advisable to implement, or assist in compliance with, a party’s obligations under PA 2023. The principal part of PA 2023 for construction contract provisions is Part 4 (Management of Public Contracts), though other provisions may also be relevant. PA 2023 came into force on 24 February 2025. Its provisions cover the award, entry into and management of a public contract (as defined under PA 2023, s 3). This Practice Note also refers, where relevant, to the Procurement Regulations 2024 (PR 2024) which came into force on 24 February 2025 (except regulation 48). PR 2024 replace the previous collection of regulations and implement the new public procurement regime established by PA 2023. For a more detailed construction law overview of PA 2023, see Practice Note: Key Implications of the Procurement Act 2023
CHECKLISTS
This practical guidance relates to the Procurement Act 2023 regime 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 (PCR 2015), SI 2015/102, the Utilities Contracts Regulations 2016 (UCR 2016), SI 2016/274, the Concession Contracts Regulations 2016 (CCR 2016), SI 2016/273, and the Defence and Security Public Contracts Regulations 2011 (DSPCR 2011), SI 2011/1848) must continue to be procured and managed under that legislation. This practical guidance compares the key features of public procurement under PA 2023 and PCR 2015, SI 2015/102. For background reading on PA 2023, see Practice Note: Introduction to the Procurement Act 2023—PA 2023 and Does the Procurement Act 2023 apply?—flowchart. For background reading on PCR 2015, SI 2015/102, see Practice Note: Introduction to public contracts procurement—pre PA 2023 [Archived] and Public procurement procedure selection—pre-PA 2023—flowchart
NEWS
Public Law analysis: On 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) came into force. Procurements begun on or after this date are governed by PA 2023. Procurements begun before this date are governed by the previous legislation (including the Public Contracts Regulations 2015, Utilities Contracts Regulations 2016, Concession Contracts Regulations 2016, and Defence and Security Public Contracts Regulations 2011). This analysis highlights some of the key details and developments just over six months on from PA 2023 ‘go-live’, with market insights and reflections from some of our expert contributors.
NEWS
Public Law analysis: On 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) came into force. This analysis highlights some of the latest details and developments, with market insights and reflections from some of our expert contributors.