Procurement Act 2023 delayed until 24 February 2025

The Cabinet Office has announced this morning that the Procurement Act 2023, that was scheduled to come into effect on 28 October 2024, has been delayed until 24 February 2025.

This means that above threshold procurements being commenced on or after 28 October 2024 will continue to be governed by the Public Contracts Regulations 2015, the Utilities Contracts Regulations 2016, the Concessions Contracts Regulations 2016 and the Defence and Security Contracts Regulations 2011 until these rules are replaced when the Act comes into effect. 

The Cabinet Office has confirmed that the reason for the delay is to allow the National Procurement Policy Statement (NPPS), to which contracting authorities will be required to have regard in the conduct of procurements under the Act, to be updated to reflect the new government’s priorities. In particular, the government wishes to ensure that the NPPS really draws out the “potential of public procurement to deliver value for money, economic growth, and social value”, noting that the current draft does not go far enough in this regard. 

It is also likely to be relevant that the Central Digital Platform, which will be used by all suppliers to upload supplier information and by contracting authorities to upload notices, has not yet gone live, and that we are still waiting on some of the technical guidance.

The extra four months may well be viewed as a positive by a number of contracting authorities and suppliers alike who have faced a significant amount of work to get ready. There will now be a period of additional time to digest the guidance that is still being released and to get template documents and policies ready. 

How can we help?

We have produced Talking Heads videos which are free to access on the topics in the Procurement Act. We have produced a Work Book, available for purchase, which helps you navigate through the details of the Act. We are also shortly launching new training series and On Demand resource, and will be sending out details of this paid for subscription service soon.  

If you feel you would benefit from further training or resources, please do not hesitate to get in touch.