The UK will have a General Election on 4 July. This means we are currently in the ‘pre-election’ period where decisions related to policy matters are expected to be deferred until after the election in case any new government has a different outlook. Will this affect the ‘go live’ date of the Procurement Act 2023 (the ‘Act’)?
The path to the ‘go live’ date
The Cabinet Office has confirmed that the go live date of 28 October should not be affected by the General Election as the Act is already legislation. Planning for the new regime to come into force at the end of October should continue.
The Procurement Act 2023 (Commencement No.3 and Transitional and Saving Provisions) Regulations 2024, were signed on 23 May, meaning that the go live date of 28 October is now set out legislatively.
Procurement Regulations 2024 and new guidance
On 22 May 2024, the same day as the General Election announcement, the Procurement Regulations 2024 (the ‘Regulations’) were signed. Most provisions of the Regulations will not take effect until the Act ‘goes live’. The Regulations detail various aspects and specifics from the Act, such as the content of procurement notices and the operation of the Central Digital Platform.
On 24 May, the Cabinet Office published guidance documents in relation to the ‘Plan phase’ and ‘Define phase’ of procurement. The Plan phase guidance includes guidance on Utilities Contracts, Defence and Security Contracts, Light Touch Contracts and many other aspects of the Act. The Define phase guidance is a selection of guidance documents such as guidance on the valuation of contracts, thresholds, and mixed procurement.
The countdown is on
For contracting authorities, utilities and suppliers to the public, utilities and defence sectors, now is the time to prepare. Our top tips are:
- Familiarise yourself with the new rules contained in the Act and the Regulations. The Cabinet Office is continuing to publish detailed guidance on the Act in phases. The full suite of guidance documents (48) should be available by the end of the month.
- Take advantage of the Cabinet Office’s free learning and development offer. Knowledge Drops have been available since December 2023 and can be accessed by all stakeholders. In addition, a 10 part series of e-learning modules targeted at the public sector was released on 23 April. The Cabinet Office is now offering advanced courses of Deep Dives to commercial or procurement professionals in contracting authorities who have completed the e-learning modules. Finally, the Cabinet Office has also introduced Communities of Practice which are events that provide opportunities for groups to convene and promote collaborative learning by exchanges best practices, innovative strategies, and challenges.
Find out more
Please visit our Procurement Cube - CMS’ interactive Procurement Cube explores the Procurement Act through the lens of a number of key sectors: Defence, Energy & Utilities, Infrastructure, Life Sciences & Healthcare, Real Estate and TMT & Outsourcing, providing sector-specific insights and commentary from the team, as well as links to relevant legislation and guidance.
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