The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025

Amendment of the Public Services (Social Value) Act 2012

7.—(1) The Public Services (Social Value) Act 2012(1) is amended as follows.

(2) In section 1(2) (contracts of relevant authorities)—

(a) in subsection (1)—

(i) in paragraph (a), for “framework agreement” substitute “framework”;

(ii) in paragraph (b)—

(aa) for “framework agreement” substitute “framework”;

(bb) for “the agreement” substitute “the framework”;

(b) in subsection (2)—

(i) in paragraph (a)—

(aa) for “submitting a notice to the UK e-notification service” substitute “publishing a notice under the Procurement Act 2023”;

(bb) for “framework agreement” substitute “framework”;

(ii) in paragraphs (b), (c), (d) and (e), for “framework agreement” substitute “framework”;

(c) in subsection (4), for “framework agreement” substitute “framework”;

(d) in subsection (10), for “Regulations” substitute “Procurement Act 2023”;

(e) in subsection (15)—

(i) in the definition of “central government authority”, for “Regulations (even though the Regulations do not apply)” substitute “Procurement Act 2023 (see Schedule 1 to that Act) (even though the Act does not apply)”;

(ii) after the definition of “central government authority”, insert—

““concession contract” has the same meaning as in the Procurement Act 2023 (see section 8 of that Act);

“defence and security contract” has the same meaning as in the Procurement Act 2023 (see section 7 of that Act);

“exempted contract” is a contract that would be considered an exempted contract for the purposes of Schedule 2 (exempted contracts) to the Procurement Act 2023 (even though that Act does not apply);

“framework” has the same meaning as in the Procurement Act 2023 (see section 45 of that Act) (whether or not the Act applies), and a reference to a contract based on a framework is a reference to a contract entered into on terms established by such an arrangement;

“light touch contract” has the same meaning as in the Procurement Act 2023 (see section 9 of that Act) (even though the Act does not apply);

“public contract” has the same meaning as in the Procurement Act 2023 (see section 3 of that Act);”;

(iii) in the definition of “relevant authority”, for “Regulations (whether or not the Regulations apply)” substitute “Procurement Act 2023 (see section 2 of that Act) (whether or not the Act applies)”;

(iv) after the definition of “relevant authority”, insert—

““sub-central government authority” has the same meaning as in the Procurement Act 2023 (see Schedule 1 to that Act) (even though the Act does not apply);

“utilities contract” has the same meaning as in the Procurement Act 2023 (see section 6 of that Act)”;

(v) omit the definition of—

(aa) “framework agreement”;

(bb) “the Regulations”;

(cc) “sub-central contracting authority”;

(dd) “the UK e-notification service”;

(f) for subsection (16), substitute—

“(16) For the purposes of this section references to a public services contract are to—

(a) a public contract for the supply of services to which the Procurement Act 2023 applies (or which is treated as such a contract by that Act), other than a utilities contract, defence and security contract or concession contract;

(b) a contract, not being a contract within paragraph (a), which—

(i) is a light touch contract,

(ii) is not an exempted contract, a utilities contract, a defence and security contract or a concession contract, and

(iii) falls within subsection (17).

(17) A contract falls within this subsection if—

(a) it is awarded by a central government authority and is estimated to be of a value equal to or greater than the threshold amount mentioned in row 11 of the table in paragraph 1(1) of Schedule 1 to the Procurement Act 2023, or

(b) it is awarded by a sub-central government authority and is estimated to be of a value equal to or greater than the threshold amount mentioned in row 12 of that table.”.

(1)

2012 c. 3.

(2)

Section 1(2) was amended by S.I. 2020/1319; section 1(15) was amended by S.I. 2015/102; the definitions of “central government authority” and “sub-central contracting authority” were inserted by S.I. 2016/275; the definition of “UK e-notification service” was inserted by S.I. 2020/1319 and section 1(16) was substituted by S.I. 2016/275.