New procurement law regime on the horizon for local authorities

New procurement law regime on the horizon for local authorities

LLG members may be interested to note that the Procurement Bill received royal assent yesterday (Thursday 26th October). It is now the Procurement Act, an important landmark for public procurement reform in the UK. As you may be aware, royal assent takes place when a bill has completed all parliamentary stages in the House of Commons and House of Lords. The word “royal” refers to the fact that the King formally agrees to make the bill into an Act of Parliament (law).

What will happen next with the Procurement Act?
 
Whilst the Procurement Act is now law, it will not come into effect. It’s important to ensure stakeholders at your council understand this – it’s very much “business as usual” for now (although making future preparations is sensible!). The Act is scheduled to be effective from October 2024, but this will be subject to a later commencement order by a government minister.

What else needs to happen before the new regime comes into force?
 
You will recall there were two sets of consultations earlier this year regarding the secondary legislation that will sit under the Act. LLG responded on behalf of our members. Those regulations will need to be finalised (2024 has been mentioned as a likely timescale for this). Likewise there will also be a need for a plethora of guidance to support the new regime. This is especially true of new areas such as the competitive flexible procedure. Again this guidance is likely to be published next year. Finally, there will also be a 6 month “go live” period ahead of the regime taking effect. Based upon present estimates this period would commence around April 2024, ahead of an October 2024 "go live" date.

So, whilst a crucial piece of the jigsaw is falling into place today, there remains some important pieces to follow over the year ahead.

Where can I keep updated on procurement law reform?

LLG will be continuing to keep our members updated on the reforms, via our emails and events. Our next procurement law event takes place on Thursday 30th November at 12.00pm: "From standstill to signature: getting your procurements safely over the line"– see here for further details and to book your free place: https://llg.org.uk/events/procurement-nl-meeting-30-11-23/

You can also find more about procurement law reform via the government website: https://www.gov.uk/government/collections/transforming-public-procurement

Finally, do connect with me on LinkedIn (here: https://uk.linkedin.com/in/kieran-mcgaughey-29383b66) if you wish to see my regular posts on procurement law matters, including case law updates and the forthcoming reforms.

Kind regards

Kieran 

Kieran McGaughey

Director & National Lead for Procurement Law

Lawyers in Local Government (LLG)