A Collection is a selection of features, articles, comments and opinions on any given theme or topic. It allows you to stay up‑to‑date with what interests you most.
Login here to access your saved articles and followed authors.
We have sent you an email so you can reset your password.
Sorry, we had a problem.
Tags related to this article
Download PDF Print page
Published 4 marzo 2019
With the planned date of Brexit less than a month away but no clear picture of how the UK will exit the EU, we look at the likely consequences for public procurement in the UK under both a ‘deal’ and ‘no deal’ scenario. We set out below the latest position which (of course!) may be subject to further change.
Before we look at the two different scenarios, it is important to understand the current position. The Public Contracts Regulations 2015, the Concession Contracts Regulations 2016 and the Utilities Contract Regulations 2016 (the “Procurement Regulations”) are all UK enacted legislation. They are derived from EU Directives but are not EU law.
As things currently stand, if we leave the EU with a deal, the Procurement Regulations will remain in place during the “implementation period” (also known as the transition period). This is set to last from Exit Day (11pm on 29 March 2019) until 31 December 2020.
What is this likely to mean in practice?
As the Procurement Regulations are UK law, if we leave the EU without a deal we won’t automatically be released from them and they will, subject to the below, continue in force in the same way as other UK legislation.
However, in the event of a no deal, the Procurement Regulations are due to be amended by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2019 - as further amended by supplementary regulations (the “Exit Regulations”). The Exit Regulations currently exist in draft form only, but if they are finalised for use in time, they should be expected to come into force on Exit Day . The Exit Regulations will amend very little of the existing Procurement Regulations. The main changes relate to the removal of EU related terms and references.
By Katherine Calder, Ed Williams, Grace Tebbutt
By Katherine Calder, Joanne Dumphy, Ryan Jenkins
By Katherine Calder, Phoebe Baxter, Oliver Crich
By Katherine Calder, Sarah Foster, Stephanie Tones
By Katherine Calder, Oliver Crich, Ed Williams
By Katherine Calder, Oliver Crich, Victoria Fletcher
By Katherine Calder, David Hill, Anne-Marie Gregory
By Emily Broad, Hamza Drabu, Phoebe Baxter, Victoria Fletcher, Katherine Calder
By Katherine Calder, Phoebe Baxter, Victoria Fletcher
By Katherine Calder, Emily Broad, Phoebe Baxter
By Katherine Calder, Charlotte Burnett, Emily Broad
By Katherine Calder
By Alistair Robertson, Katherine Calder
By Alistair Robertson, Victoria Fletcher
By Victoria Fletcher
By Holli Prescott