Draft Regulations laid before Parliament under section 122(4) of the Procurement Act 2023 (c. 54), for approval by resolution of each House of Parliament.

2024 No.

PUBLIC PROCUREMENT

The Procurement Regulations 2024

Made

Coming into force in accordance with regulation 1

The Minister for the Cabinet Office makes these Regulations in exercise of the powers conferred by sections 9(2), 33(8), 69(4), 95(1), (2) and (3), 97(1) and (2), 113(1), 115(1), 120(1), 121(1) and (2), 122(3) and 125(1) and (2) of, and paragraph 5(1) of Schedule 1 to, the Procurement Act 20231.

These Regulations are made with the consent of the Department of Finance for Northern Ireland in accordance with section 113(4) of the Procurement Act 2023.

The Minister for the Cabinet Office has consulted the following persons on the provision contained in regulation 48 in accordance with section 121(3) of the Procurement Act 2023—

  1. a

    persons appearing to the Minister to represent the views of private utilities, and

  2. b

    such other persons as the Minister considers appropriate.

A draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament pursuant to section 122(4) of the Procurement Act 2023.

Part 1Introductory

Citation and commencement1

1

These Regulations may be cited as the Procurement Regulations 2024.

2

These Regulations, except regulation 48, come into force at the same time at which section 11 of the Procurement Act 2023 comes into force for any purpose2.

3

Regulation 48 comes into force on the day after the day on which these Regulations are made.

Extent and application2

1

These Regulations extend to England and Wales, Scotland and Northern Ireland, subject to paragraph (2).

2

Regulation 43 extends to England and Wales only.

3

Part 5 makes provision about how Parts 2 and 3 apply in relation to Wales and Scotland.

Interpretation3

In these Regulations3

  • CA 2006” means the Companies Act 20064;

  • CPV code” means a code used in the Common Procurement Vocabulary as adopted by Regulation (EC) No 2195/2002 of the European Parliament and of the Council of 5 November 2002 on the Common Procurement Vocabulary5.

  • PA 2023” means the Procurement Act 2023.

Part 2Transparency of procurements under the Procurement Act 2023

Interpretation of Part 24

In this Part—

  • alternative online system” has the meaning given by regulation 5(10);

  • central digital platform” has the meaning given by regulation 5(2);

  • the “Comprehensive and Progressive Agreement for Trans-Pacific Partnership” means the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, signed at Santiago on 8 March 2018, including the Accession Protocol of the United Kingdom of Great Britain and Northern Ireland to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, signed at Auckland and Bandar Seri Begawan on 16 July 20236, as amended from time to time;

  • contract subject-matter” has the meaning given by regulation 14;

  • contracting authority information” has the meaning given by regulation 13;

  • core supplier information” has the meaning given by regulation 6(9);

  • geographical classification” has the meaning given by regulation 14(2);

  • the “GPA” means Agreement on Government Procurement signed at Marrakesh on 15 April 19947, as amended from time to time;

  • PSC register” means the register that a company is required to keep under section 790M of the CA 2006 (register of people with significant control over a company);

  • unique identifier” has the meaning given by regulation 8.

Publication of notices etc on central digital platform5

1

A notice, document or information which is published or given in accordance with a provision of the PA 2023 listed in paragraph (3) must be published or given by publishing it on the central digital platform.

2

The “central digital platform” is the online system established by the Minister for the Cabinet Office and which may be accessed on www.gov.uk8.

3

The provisions are—

a

section 15(1) (planned procurement notices)9,

b

section 17(1)(a) (preliminary market engagement notices),

c

section 21(1) (tender notices),

d

section 24(4) (refining award criteria), in respect of republishing tender notices only,

e

section 31(5) (modifying a section 19 procurement), in respect of republishing tender notices only,

f

section 39(2) (dynamic market notices: intention to establish a dynamic market)10,

g

section 39(3) (dynamic market notices: establishment of a dynamic market),

h

section 39(4) (dynamic market notices: modifications to a dynamic market),

i

section 39(5) (dynamic market notices: cessation of a dynamic market),

j

section 44(1) (transparency notices),

k

section 50(1) (contract award notices),

l

section 52(3) (key performance indicators),

m

section 53(1) (contract details notices),

n

section 53(3) (copies of contracts),

o

section 55(2) (procurement termination notices),

p

section 69(1) (payments compliance notices),

q

section 71(2)(b) (contract performance: information relating to the assessment of performance against key performance indicators),

r

section 71(5) (contract performance: breach of public contract or failure to perform),

s

section 75(1) (contract change notices),

t

section 75(5) (contract change notices: modifications taken together),

u

section 77(1) (contract modifications),

v

section 80(1) (contract termination notices),

w

section 87(1) (below-threshold tender notices),

x

section 87(3) (contract details notices following notifiable below-threshold contracts),

y

section 93(2) (pipeline notices), and

z

section 94(3) (information being withheld).

4

The requirement in paragraph (1) to publish or give a notice, document or information by publication on the central digital platform is met where the contracting authority has submitted the notice, document or information to the platform and—

a

the Minister for the Cabinet Office has informed the contracting authority that the notice, document or information has successfully been submitted to the platform, or

b

the notice, document or information is capable of being accessed by suppliers and members of the public on the platform.

5

If all of the conditions in paragraph (6) are met the contracting authority may publish or give the notice, document or information by publishing the notice, document or information on an alternative online system and in doing so the authority is to be treated as meeting for the time being the requirement in paragraph (1).

6

The conditions are that—

a

in the case of a notice mentioned in paragraph (7), no less than 4 hours have passed since the notice was submitted to the central digital platform,

b

in the case of any other notice, document or information, no less than 48 hours have passed since the notice, document or information was submitted to the platform,

c

the contracting authority has not received confirmation from the Minister for the Cabinet Office that the notice, document or information has successfully been published on the platform, and

d

the notice, document or information is not capable of being accessed by members of the public on the platform.

7

The notice is a transparency notice11, contract award notice or contract details notice relating to—

a

the direct award of a public contract pursuant to regulations made under section 42 of the PA 2023 (direct award to protect life, etc), or

b

the direct award of a public contract pursuant to paragraphs 13 and 14 of Schedule 5 to the PA 2023 (urgency).

8

The contracting authority is no longer to be treated as meeting for the time being the requirement in paragraph (1) if the Minister for the Cabinet Office informs the contracting authority that the submission of the notice, document or information to the central digital platform has been rejected.

9

A contracting authority which uses an alternative online system in accordance with paragraph (5) must cooperate with the Minister for the Cabinet Office to ensure that the notice, document or information in question is subsequently—

a

published on the central digital platform, and

b

capable of being accessed by members of the public on the platform.

10

An “alternative online system” is an online system for publishing procurement information which is—

a

free of charge and capable of being accessed by suppliers and members of the public,

b

accessible to people with disabilities, and

c

not the central digital platform.

11

Nothing in this regulation prevents a contracting authority from publishing the notice, document or information other than on the central digital platform or an alternative online system but the authority must not do so before publishing the notice, document or information on that platform or system.

Sharing core supplier information through central digital platform6

1

This regulation applies to a contracting authority where a supplier gives core supplier information to the authority during a procedure listed in paragraph (2) with a view to the award of a public contract.

2

The procedures are—

a

an open procedure12,

b

a competitive flexible procedure,

c

a direct award under section 41 or 43 of the PA 2023, or

d

a competitive selection process for frameworks under section 46 of the PA 2023.

3

If the core supplier information is given during an open procedure or a competitive flexible procedure, the contracting authority must obtain confirmation from the supplier that the supplier has taken the steps set out in paragraph (5) before the end of the tendering period.

4

If the core supplier information is given before a direct award under section 41 or 43 of the PA 2023, or during a competitive selection process for frameworks under section 46 of that Act, the contracting authority must obtain confirmation from the supplier that the supplier has taken the steps set out in paragraph (5) before the award of the public contract.

5

The steps are—

a

the supplier has registered on the central digital platform,

b

the supplier has submitted its up-to-date core supplier information to that platform, and

c

the supplier has given that up-to-date core supplier information to the contracting authority by means of a facility provided on that platform for the purpose of sharing core supplier information.

6

Paragraph (7) applies where—

a

a supplier has given up-to-date core supplier information to a contracting authority during a procedure listed in paragraph (2), and

b

the supplier’s core supplier information subsequently changes and the supplier gives updated or corrected core supplier information to the contracting authority before the award of the public contract.

7

The contracting authority must obtain a further confirmation from the supplier that the supplier has taken the steps set out in paragraph (8) before the award of the public contract.

8

The steps are—

a

the supplier has submitted the updated or corrected core supplier information to the central digital platform, and

b

the supplier has given the updated or corrected core supplier information to the contracting authority by means of a facility provided on that platform for the purpose of sharing core supplier information.

9

In these Regulations “core supplier information” means—

a

the supplier’s basic information set out in regulation 9,

b

the supplier’s economic and financial standing information set out in regulation 10,

c

the supplier’s connected person information set out in regulation 11, and

d

the supplier’s exclusion grounds information set out in regulation 12.

10

In this regulation “tendering period” has the meaning given by section 54(5) of the PA 2023.

11

In this regulation a reference to a facility provided on the central digital platform includes a reference to a facility to download information to be forwarded on to a contracting authority by a supplier.

12

Core supplier information: platform not working, urgency, private utilities7

1

Where, in respect of core supplier information given during an open procedure or a competitive flexible procedure, a contracting authority cannot obtain confirmation from the supplier that the supplier has taken the steps in regulation 6(5) before the end of the tendering period due to the reason in paragraph (2), paragraph (3) applies.

2

The reason is that the supplier could not reasonably register on, submit information to, or use a facility for giving information through, the central digital platform because that platform was not working properly during any period before the end of the tendering period.

3

The contracting authority must obtain confirmation from the supplier that the supplier has taken the steps set out in regulation 6(5) as soon as practicable and in any event before the award of the contract.

4

In the case of a direct award of a public contract pursuant to paragraphs 13 and 14 of Schedule 5 to the PA 2023 (urgency), regulation 6 is to be read as if—

a

the reference in paragraph (4) to the contracting authority obtaining confirmation before the award of the public contract were a reference to the authority obtaining confirmation as soon as practicable and in any event before the date when the contract details notice is published, and

b

paragraphs (6) to (8) were omitted.

5

Regulation 6 does not apply to a private utility in the case of a direct award of a public contract pursuant to paragraphs 13 and 14 of Schedule 5 to the PA 2023 (urgency).

Unique identifiers and exemption from publishing them on alternative online system8

1

In these Regulations, “unique identifier” means—

a

in the case of a procurement, the unique code allocated by the central digital platform when the first notice relating to the procurement is published on that platform, other than in the circumstances set out in paragraph (b),

b

in the case of a procurement where there has been a switch to a direct award in accordance with section 43 of the PA 2023, the unique code allocated by the central digital platform when the transparency notice relating to the contract is published on that platform,

c

in the case of a contract, the unique code which enables a reader of a notice referring to the contract to distinguish the contract from other contracts awarded under the same procurement procedure,

d

in the case of a dynamic market, the unique code allocated by the central digital platform when the first of the following notices is published on that platform in relation to the dynamic market—

i

any pipeline notice,

ii

any preliminary market engagement notice, or

iii

the first dynamic market notice, and

e

in the case of—

i

a supplier,

ii

a contracting authority,

iii

a person carrying out a procurement, or part of a procurement, on behalf of a contracting authority, or

iv

a person other than a contracting authority who is establishing a dynamic market in accordance with section 35(3) of the PA 2023,

the unique code which is submitted to the central digital platform and is recognised by that platform or, where no such code is submitted and recognised, is the unique code which is allocated by that platform when the person registers on that platform.

2

Paragraph (3) applies where a contracting authority publishes a notice, document or information mentioned in regulation 5(3) on an alternative online system under regulation 5(5).

3

The contracting authority is not required to publish any unique identifier in accordance with this Part until that notice, document or information is subsequently published on the central digital platform under regulation 5(9).

Supplier’s basic information9

1

This regulation sets out the supplier's basic information.

2

Where the supplier is an individual, the information is—

a

the supplier’s name,

b

the unique identifier for the supplier,

c

the supplier’s contact postal address and email address,

d

where the supplier has a website, the website address,

e

the supplier’s VAT registration number (within the meaning of section 5A of the Value Added Tax Act 199413), if applicable, and

f

details of any relevant qualification or trade assurance held by the individual, including—

i

in the case of a qualification, the name of the person or body which awarded the qualification, the name of the qualification and the date it was awarded, and

ii

in the case of a trade assurance, the name of the person or body which awarded the assurance, the assurance reference number and the date the assurance was given.

3

Where the supplier is not an individual, the information is—

a

the supplier’s name,

b

the unique identifier for the supplier,

c

the supplier’s registered or principal office address,

d

the supplier’s contact postal address and email address,

e

where the supplier markets its goods, services or works online, the relevant website address,

f

the supplier’s legal form and the law by which it is governed,

g

where the supplier is a company registered under the CA 200614, the date when the supplier was registered under that Act,

h

where the supplier is not a company registered under the CA 2006—

i

any equivalent date to that mentioned in sub-paragraph (g), or

ii

where there is no equivalent date, the date the supplier began trading,

i

the supplier’s VAT registration number (within the meaning of section 5A of the Value Added Tax Act 1994), if applicable,

j

details of any relevant qualification or trade assurance held by the supplier, including—

i

in the case of a qualification, the name of the person or body which awarded the qualification, the name of the qualification and the date it was awarded, or

ii

in the case of a trade assurance, the name of the person or body which awarded the registration, the assurance reference number and the date the assurance was given, and

k

whether the supplier is—

i

a small and medium-sized enterprise15,

ii

a non-governmental organisation that is value-driven and which principally reinvests its surpluses to further social, environmental or cultural objectives,

iii

a supported employment provider, or

iv

a public service mutual.

Supplier’s economic and financial standing information10

1

This regulation sets out the supplier’s economic and financial standing information.

2

The information is—

a

in the case of a supplier whose accounts were required to be audited for both of the supplier’s most recent two financial years in accordance with Part 16 of the CA 2006, a copy of those accounts,

b

in the case of a supplier whose accounts were required to be audited for the supplier’s most recent financial year in accordance with Part 16 of the CA 2006, but not the financial year immediately preceding that, a copy of those accounts,

c

in the case of a supplier whose accounts were required to be audited for both of the supplier’s most recent two financial years in accordance with an overseas equivalent to Part 16 of the CA 2006, a copy of those accounts,

d

in the case of a supplier whose accounts were required to be audited for the supplier’s most recent financial year in accordance with an overseas equivalent to Part 16 of the CA 2006, but not the financial year immediately preceding that, a copy of those accounts, or

e

in the case of any other supplier—

i

if the supplier was in business for both of the supplier’s most recent financial years, accounts or other information for both of those years, or

ii

if the supplier was in business for the supplier’s most recent financial year but not the financial year immediately preceding that, accounts or other information for the supplier’s most recent financial year,

which is equivalent to information contained in accounts audited in accordance with Part 16 of the CA 2006, so far as those accounts or that other information can reasonably be given.

3

In paragraph (2)(a) and (b) “financial year” has the same meaning as in section 390 of the CA 2006.

Supplier’s connected person information11

1

This regulation sets out the supplier’s connected person information.

2

The information is the information in this regulation for each connected person of the supplier.

3

Paragraph (4) sets out the information where—

a

the supplier is a company registered under the CA 2006,

b

the connected person is a person with significant control16 over the supplier, and

c

the connected person is registrable.

4

The information is—

a

the connected person’s name, date of birth and nationality,

b

the connected person’s service address,

c

which of the specified conditions in Part 1 of Schedule 1A to the CA 2006 applies,

d

the date when the connected person became registrable as a person with significant control, if applicable, and

e

the name of the PSC register on which the connected person is registered as a person with significant control, if applicable.

5

Paragraph (6) sets out the information where—

a

the supplier is a company registered under the CA 2006,

b

the connected person is a relevant legal entity, and

c

the connected person is registrable.

6

The information is—

a

the connected person’s name,

b

the connected person’s registered or principal office address,

c

the connected person’s service address,

d

the connected person’s legal form and the law by which it is governed,

e

which of the specified conditions in Part 1 of Schedule 1A to the CA 2006 applies,

f

the date when the connected person became registrable as a relevant legal entity, if applicable, and

g

the name of the PSC register on which the connected person is registered as a relevant legal entity, if applicable.

7

Paragraph (8) sets out the information where—

a

the supplier is a company registered under the CA 2006, and

b

the connected person is—

i

a director or shadow director of the supplier, and

ii

an individual.

8

The information is—

a

the connected person’s name, date of birth and nationality,

b

the connected person’s service address, and

c

the country or state (or part of the United Kingdom) in which the connected person is usually resident.

9

Paragraph (10) sets out the information where—

a

the supplier is a company registered under the CA 2006, and

b

the connected person is—

i

a director or shadow director of the supplier, and

ii

not an individual.

10

The information is—

a

the connected person’s name,

b

the connected person’s registered or principal office address,

c

the connected person’s service address,

d

the connected person’s legal form and the law by which it is governed, and

e

where the connected person is a company registered under the CA 2006, the person’s registration number given under that Act.

11

Paragraph (12) sets out the information where—

a

the supplier is a company registered under the CA 2006, and

b

the connected person is a parent undertaking or a subsidiary undertaking of the supplier.

12

The information is—

a

the name of the connected person,

b

the connected person’s registered or principal office address,

c

the connected person’s service address, and

d

where the connected person is a company registered under the CA 2006, the registration number given under that Act.

13

Paragraph (14) sets out the information where—

a

the supplier is a company registered under the CA 2006, and

b

the connected person is a predecessor company of the supplier.

14

The information is—

a

the name of the connected person,

b

the connected person’s last registered or principal office address,

c

where the connected person is a company registered under the CA 2006, the registration number given under that Act, and

d

the date when the connected person became insolvent and ceased to trade.

15

Paragraph (16) sets out the information where—

a

the supplier is not a company registered under the CA 2006, and

b

the connected person can reasonably be considered to stand in an equivalent position in relation to the supplier as the connected person described in paragraph (3), (5), (7), (9), (11) or (13).

16

The information is information which can reasonably be considered to be equivalent to that referred to in paragraph (4), (6), (8), (10), (12) or (14) (as the case may be).

17

Paragraph (18) sets out the information for a connected person to whom none of paragraphs (3), (5), (7), (9), (11), (13) or (15) apply—

a

with the right to exercise, or who actually exercises, significant influence or control over the supplier, or

b

over which the supplier has the right to exercise, or actually exercises, significant influence or control.

18

The information is—

a

the connected person’s name,

b

the connected person’s registered or principal office address,

c

the connected person’s service address,

d

the connected person’s legal form and the law by which it is governed,

e

where the connected person is a company registered under the CA 2006, the registration number given under that Act,

f

where the connected person is an overseas equivalent to a company registered under the CA 2006, the equivalent to a registration number issued under the CA 2006,

g

which of the specified conditions in Part 1 of Schedule 1A to the CA 2006 applies, and

h

the date when the connected person became registrable as a person with significant control, if applicable.

19

In this regulation

  • registrable”—

    1. a

      in respect of a person with significant control, has the meaning given by section 790C(4) of the CA 2006;

    2. b

      in respect of a relevant legal entity, has the meaning given by 790C(8) of the CA 2006;

  • relevant legal entity” has the meaning given by section 790C(6) of the CA 2006;

  • service address” has the meaning given by section 1141 of the Companies Act 2006.

Supplier’s exclusion grounds information12

1

Paragraphs (2) to (13) set out the supplier’s exclusion grounds information.

2

Whether the supplier or a connected person has been convicted of an offence referred to in the following paragraphs of Schedule 6 to the PA 2023—

a

paragraph 2 (corporate manslaughter or corporate homicide);

b

paragraph 3 (terrorism);

c

paragraphs 4 to 18 (theft, fraud, bribery etc);

d

paragraphs 19 to 26 (labour market, slavery and human trafficking offences);

e

paragraphs 27 to 28 (organised crime);

f

paragraphs 29 to 31 (tax offences);

g

paragraph 32 (cartel offence);

h

paragraph 33 (ancillary offences);

i

paragraph 34 (offences committed outside the United Kingdom).

3

Whether the supplier or a connected person has been the subject of an event referred to in the following paragraphs of Schedule 6 to the PA 2023—

a

paragraph 36 (penalties for transactions connected with VAT fraud and evasion of tax or duty);

b

paragraph 37 (penalties payable for errors in tax documentation and failure to notify and certain VAT and excise wrongdoing);

c

paragraph 38 (adjustments for tax arrangements that are abusive);

d

paragraph 39 (finding by HMRC, in exercise of its powers in respect of VAT, of abusive practice);

e

paragraph 40 (defeat in respect of notifiable tax arrangements);

f

paragraph 41 (competition law infringements);

g

paragraph 42 (equivalents outside the United Kingdom).

4

Whether, in respect of paragraph 43 of Schedule 6 to the PA 2023 (failure to cooperate with investigation)—

a

an appropriate authority has given the supplier or a connected person notice under section 60(6) of the PA 2023, and

b

the supplier or connected person has failed to comply with the notice before the end of the period specified in the notice.

5

Whether the supplier or a connected person has been the subject of an event referred to in the following paragraphs of Schedule 7 to the PA 2023—

a

paragraph 1 (orders relating to labour market misconduct);

b

paragraph 4 (offence relating to environmental misconduct);

c

paragraph 5 (insolvency bankruptcy etc);

d

paragraph 6 (suspension or ceasing to carry on all or a substantial part of business);

e

paragraph 9 (infringement of Competition Act 1998, Chapter II prohibition or equivalent outside United Kingdom);

f

paragraph 11(2) (court etc ruling of professional misconduct);

g

paragraph 12 (breach of contract and poor performance).

6

Whether, in respect of paragraph 2 of Schedule 7 to the PA 2023 (labour market misconduct), the supplier or a connected person—

a

has been, or is being, investigated for conduct outside the United Kingdom that could result in an order mentioned in paragraph 1 of Schedule 7 to the PA 2023 being made if the conduct occurred in the United Kingdom, or

b

has engaged in such conduct.

7

Whether, in respect of paragraph 3 of Schedule 7 to the PA 2023 (labour market misconduct), the supplier or a connected person—

a

has been, or is being, investigated for conduct (whether in or outside the United Kingdom) constituting (or that would, if it occurred in the United Kingdom, constitute) an offence referred to in—

i

section 1, 2, 4 or 30 of the Modern Slavery Act 201517,

ii

section 1, 4 or 32 of the Human Trafficking and Exploitation (Scotland) Act 201518, or

iii

section 1, 2 or 4 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 201519, or paragraph 16 of Schedule 3 to that Act, or

b

has engaged in such conduct.

8

Whether, in respect of paragraph 7 of Schedule 7 to the PA 2023 (potential competition infringements)—

a

the supplier or a connected person has been, or is being, investigated over whether an agreement or concerted practice to which the supplier or a connected person is party has infringed—

i

the Chapter I prohibition (within the meaning given by section 2 of the Competition Act 199820), or

ii

any substantially similar prohibition applicable in a jurisdiction outside the United Kingdom, or

b

an agreement or concerted practice to which the supplier or a connected person is party has infringed such prohibitions,

except in the circumstances mentioned in sub-paragraph (2) of paragraph 7.

9

Whether, in respect of paragraph 8 of Schedule 7 to the PA 2023 (potential competition infringements), the supplier or a connected person—

a

has been, or is being, investigated over whether the supplier or a connected person has infringed—

i

the Chapter II prohibition (within the meaning given by section 18 of the Competition Act 1998), or

ii

any substantially similar prohibition applicable in a jurisdiction outside the United Kingdom, or

b

has infringed such prohibitions.

10

Whether, in respect of paragraph 10 of Schedule 7 to the PA 2023 (potential competition law infringements), the supplier or a connected person—

a

has been, or is being, investigated for conduct constituting—

i

an offence under section 188 of the Enterprise Act 2002 (cartel offence)21, or

ii

a substantially similar offence under the law of a country or territory outside the United Kingdom, or

b

has engaged in such conduct,

except in the circumstances mentioned in sub-paragraph (2) of paragraph 10.

11

Whether, in respect of paragraph 11 of Schedule 7 to the PA 2023 (professional misconduct), the supplier or a connected person—

a

has been, or is being, investigated for professional misconduct which brings into question the supplier’s integrity, or

b

has engaged in such misconduct.

12

Whether, in respect of paragraph 13 of Schedule 7 to the PA 2023, the supplier or a connected person—

a

has been, or is being, investigated over whether the supplier acted improperly in relation to any procurement, and in so doing, put itself at an unfair advantage in relation to the award of a public contract, or

b

has acted improperly in that way.

13

If the supplier or one or more connected persons has been the subject of an event mentioned in paragraphs (2) to (12), the following information in respect of each person who has been the subject of an event—

a

a short description of the event,

b

the name of the person who is the subject of the event,

c

the person’s name, contact postal address and email address,

d

in the case of a conviction or other event where there is a recorded decision of a public authority which is the authoritative basis for the conviction or other event—

i

a link to the web page where the decision can be accessed, or

ii

a copy of the decision,

e

any evidence that the person who is the subject of the event—

i

took the event seriously, for example by paying any fine or compensation,

ii

took steps to prevent the event occurring again, for example by changing staff or management, or putting procedures or training in place, and

iii

committed to taking further preventative steps, where appropriate, and

f

if the circumstances which led to the event have ended, the date when they ended.

14

For the meaning of “event”—

a

in relation to a provision of Schedule 6 to the PA 2023, see paragraph 45 of that Schedule;

b

in relation to a provision of Schedule 7 to the PA 2023, see paragraph 16 of that Schedule.

Contracting authority information13

In these Regulations, “contracting authority information” means—

a

where there is one contracting authority for a procurement, the name of the contracting authority,

b

where there are two or more contracting authorities acting jointly for a procurement—

i

the name of the contracting authority that the contracting authorities acting jointly determine is the lead authority for the procurement, and

ii

the name of each of the other contracting authorities,

c

a contact postal address and email address for the contracting authority or for each contracting authority acting jointly,

d

the unique identifier for the contracting authority or for each contracting authority acting jointly,

e

for any person carrying out the procurement, or part of the procurement, on behalf of the contracting authority or one or more of the contracting authorities acting jointly—

i

the person’s name,

ii

the person’s contact postal address and email address,

iii

the person’s unique identifier, and

iv

a summary of the person’s role, and

f

in respect of a notice published by the contracting authority, the name, contact postal address and email address of the person who should be contacted in the event of an enquiry about the notice.

Contract subject-matter14

1

In these Regulations, “contract subject-matter” means the following information, so far as it is known to the contracting authority when the information is published—

a

whether the contract is mainly for the supply of goods, services or works,

b

a description of the kinds of goods, services or works which will be supplied,

c

a summary of how those goods, services or works will be supplied,

d

the estimated date when, or period over which, the goods, services or works will be supplied,

e

the estimated amount of goods, services or works which will be supplied,

f

the relevant CPV codes, and

g

the geographical classification, where it is possible to describe this.

2

In these Regulations, “geographical classification” means—

a

the area where the goods, services or works are to be supplied in the United Kingdom, by reference to the relevant ITL 1, ITL 2, and ITL 3 areas listed on the webpage entitled “International Geographies” on the website for the Office for National Statistics22 as amended from time to time, or

b

where the goods, services or works are to be supplied outside the United Kingdom, the name of the country and, where appropriate, the region where they are to be supplied.

Pipeline notices15

1

This regulation sets out what information must be included in a pipeline notice published under section 93(2) of the PA 2023.

2

The information is, for each procurement set out in the pipeline notice—

a

the contracting authority information,

b

the title of the procurement,

c

the unique identifier for the procurement,

d

the contract subject-matter, and

e

the estimated date when the following will be published—

i

the tender notice for the public contract, or

ii

the transparency notice for the public contract.

3

Nothing in this regulation prevents a contracting authority from publishing other relevant information in the notice.

Planned procurement notices16

1

This regulation sets out other information which must be included in a planned procurement notice published under section 15(1) of the PA 2023.

2

The information is—

a

the contracting authority information,

b

the title of the procurement,

c

the unique identifier for the procurement,

d

the contract subject-matter,

e

the estimated date when the tender notice for the public contract will be published,

f

the estimated date by when suppliers will be asked to submit requests to participate in any tender procedure or tenders,

g

which of the following procedures is expected to be used—

i

an open procedure, or

ii

a competitive flexible procedure,

h

whether the public contract will be awarded by reference to suppliers’ membership of a dynamic market,

i

the estimated date when the public contract will be awarded,

j

how documents relating to the procurement may be obtained,

k

a statement explaining how and when an interest in the contract may be expressed, and

l

as much of the information relating to tender notices which is referred to in regulation 18(2), 19(2), 20(2), 21(2) or 22(2) (as the case may be) that is available to the contracting authority at the time of publishing the planned procurement notice.

3

Nothing in this regulation prevents a contracting authority from publishing other information that relates to the same procurement in a planned procurement notice.

Preliminary market engagement notices17

1

This regulation sets out other information which must be included in a preliminary market engagement notice published under section 17(1)(a) of the PA 2023.

2

The information is—

a

the contracting authority information,

b

the title of the procurement,

c

the unique identifier for the procurement,

d

the contract subject-matter,

e

either—

i

the date when the contracting authority intends to close the preliminary market engagement, or

ii

the date when the preliminary market engagement closed, and

f

a description of the process by which the contracting authority proposes to engage, or has engaged, with suppliers during the preliminary market engagement, for example—

i

the location, date and time of events, and

ii

any periods for the submission of expressions of interest and information by suppliers.

3

Nothing in this regulation prevents a contracting authority from publishing other information that relates to the same procurement in the notice.

Tender notices: open procedure18

1

This regulation sets out other information which must be included in a tender notice for the award of a public contract through an open procedure published under section 21(1) of the PA 2023.

2

The information is—

a

the contracting authority information,

b

the title of the procurement,

c

the unique identifier for the procurement,

d

a statement that the tender notice is for the award of a public contract through an open procedure in accordance with section 20(1) and (2)(a) of the PA 2023,

e

whether the tender notice relates to a special regime contract23 and, if so, whether that contract is—

i

a concession contract,

ii

a defence and security contract,

iii

a light touch contract, or

iv

a utilities contract,

f

the contract subject-matter,

g

the estimated value of the public contract,

h

where the public contract is for goods, services or works which the contracting authority expects will be needed after the expiry of the contract—

i

whether the contracting authority intends to carry out a subsequent procurement of similar goods, services or works in reliance on the direct award justification in paragraph 8 of Schedule 5 to the PA 2023, or

ii

an estimate, if possible, of the date when any subsequent tender notice will be published,

i

whether an electronic auction will be used and, if so, the technical details of how suppliers may participate in the electronic auction,

j

how tenders may be submitted and the date by when they must be submitted,

k

the award criteria, or a summary of the award criteria, for the public contract,

l

the languages in which tenders or enquiries in connection with the tendering procedure may be submitted,

m

whether the public contract is a contract for which the United Kingdom has obligations under the GPA,

n

from the date when the Comprehensive and Progressive Agreement for Trans-Pacific Partnership enters into force for the United Kingdom, whether the public contract is a contract for which the United Kingdom has obligations under that Agreement,

o

whether the public contract is awarded by reference to lots and, if so, for each lot—

i

the title of the lot,

ii

the distinct number given to the lot by the contracting authority,

iii

the following information, so far as it is known to the contracting authority when the tender notice is published—

aa

a description of the kinds of goods, services or works which will be supplied,

bb

a summary of how those goods, services or works will be supplied,

cc

the estimated date when, or period over which, the goods, services or works will be supplied,

dd

the estimated amount of goods, services or works which will be supplied,

ee

the estimated value of the lot,

ff

the relevant CPV codes,

gg

the relevant award criteria in relation to the lot,

hh

any option in relation to the lot, and

ii

the geographical classification, where it is possible to describe this,

p

Where the public contract is awarded by reference to lots—

i

whether a supplier may only submit a tender for a maximum number of lots and, if so, the maximum number,

ii

whether a supplier may only be awarded a maximum number of lots and, if so, the maximum number, and

iii

whether the authority will award multiple lots to the same supplier in accordance with criteria and, if so, a summary of the criteria,

q

where the contracting authority considers under section 18(2) of the PA 2023 that the public contract could be awarded by reference to lots but it is not, the reasons for this, except in the case of a utilities contract or a light touch contract,

r

a description of any option which will be included in the public contract—

i

to supply additional goods, services or works, or

ii

to extend or renew the term of the contract,

s

whether the contracting authority proposes to set the shortest minimum tendering period by reference to one of the following entries in the table in section 54(4) of the PA 2023 and, if so, which entry—

i

entry 2 (certain contracts awarded by a contract authority which is not a central government authority subject to a negotiated tender period);

ii

entry 3 (certain contracts awarded by a contracting authority which is not a central government authority where tenders may be submitted only by preselected suppliers);

iii

entry 4 (a qualifying planned procurement notice has been issued);

iv

entry 5 (state of urgency),

t

whether the contracting authority considers that the public contract or any lot forming part of the contract may be particularly suitable to be awarded—

i

to a small and medium-sized enterprise, or

ii

to a non-governmental organisation that is value-driven and which principally reinvests its surpluses to further social, environmental or cultural objectives,

u

whether associated tender documents are being provided in accordance with the tender notice at the same time that the notice is published and, if so—

i

the title of each associated tender document,

ii

whether each associated tender document is attached to the tender notice, and

iii

if an associated tender document is not attached to the tender notice, a link to the web page where it is provided,

v

whether an associated tender document is being, or may be, provided in accordance with the tender notice after the date when that notice is published and, if so, a link to the web page where it will be provided, or an explanation of how the document will be provided,

w

a description of any technical specifications which are expected to be met or a cross reference to where they can be accessed,

x

a description of any conditions of participation under section 22 of the PA 2023,

y

any payment terms (in addition to those mentioned in section 68 of the PA 2023),

z

a description identifying any risk that—

i

the contracting authority considers could jeopardise the satisfactory performance of the public contract, but because of its nature, may not be addressed in the public contract as awarded, and

ii

may require a subsequent modification to the public contract under paragraph 5 of Schedule 8 to the PA 2023 (modification of contract following materialisation of a known risk), and

z1

the estimated date when the public contract will be awarded.

3

In paragraph (2), “electronic auction” means an iterative process that involves the use of electronic means for the presentation by suppliers of either new prices, or new values for quantifiable non-price elements of the tender related to the evaluation criteria, or both, resulting in a ranking or re‑ranking of tenders.

4

Nothing in this regulation prevents a contracting authority from publishing other information that relates to the same procurement in the notice.

5

This regulation does not apply to a tender notice for the award of a framework through an open procedure (see instead regulation 20).

Tender notices: competitive flexible procedure19

1

This regulation sets out other information which must be included in a tender notice for the award of a public contract through a competitive flexible procedure published in accordance with section 21(1) of the PA 2023.

2

The information is—

a

the same information referred to in regulation 18(2) except sub-paragraphs (d) and (j),

b

a statement that the tender notice is for the award of a public contract through a competitive flexible procedure in accordance with section 20(1) and (2)(b) of the PA 2023,

c

a description of the process to be followed during the procedure, including—

i

whether the procedure may include negotiation at any stage,

ii

if the contracting authority proposes to rely on section 24 of the PA 2023 (refining award criteria), a summary of how it will rely on that section,

d

where the number of suppliers is, or may be, no more than an intended maximum number of suppliers, generally or in respect of particular tendering rounds or other selection processes, the maximum number of suppliers and the criteria used to select the limited number of suppliers,

e

where the number of suppliers is, or may be, no less than an intended minimum number of suppliers, generally or in respect of particular tendering rounds or other selection processes, the intended minimum number of suppliers,

f

where the tender notice is being used for the purpose of inviting suppliers to submit a request to participate, how requests to participate may be submitted and the date by when they must be submitted,

g

where the tender notice is being used for the purpose of inviting suppliers to submit their first, or only, tender, how tenders may be submitted and the date by when they must be submitted, and

h

whether the tender notice is being used—

i

to reserve a contract to supported employment providers in accordance with section 32 of the PA 2023, or

ii

to reserve a contract to public service mutuals in accordance with section 33 of the PA 2023.

3

Nothing in this regulation prevents a contracting authority from publishing other information that relates to the same procurement in the notice.

4

This regulation does not apply to—

a

a tender notice for the award of a framework through a competitive flexible procedure (see instead regulation 20), or

b

a tender notice for the award of a public contract by reference to suppliers’ membership of a dynamic market (see instead regulation 21).

Tender notices: frameworks20

1

This regulation sets out other information which must be included in a tender notice for the award of a framework published under section 21(1) of the PA 2023.

2

The information is—

a

where the open procedure is being used, the same information referred to in regulation 18(2),

b

where the competitive flexible procedure is being used, the same information referred to in regulation 19(2),

c

details of the selection process to be applied on the award of contracts,

d

the term of the framework,

e

the contracting authorities entitled to award contracts in accordance with the framework (whether by listing the names of those authorities or by describing categories of authorities),

f

whether the framework is being awarded under an open framework,

g

where the framework is being awarded under an open framework, the unique identifier for the procurement of the last framework awarded under the open framework (unless no framework has previously been awarded under the open framework),

h

where the framework is being awarded under an open framework, the estimated end date of the open framework,

i

whether the intention is to award the framework to—

i

a single supplier,

ii

a maximum number of suppliers, or

iii

an unlimited number of suppliers,

j

where the intention is to award the framework to a maximum number of suppliers, the maximum number of suppliers,

k

whether the framework provides for the charging of fees in accordance with section 45(7) of the PA 2023, and, if so, the fixed percentage of the estimated value of any contract awarded to the supplier in accordance with the framework and any other information needed in order to enable suppliers to understand how fees will be charged, and

l

where the framework is being awarded by reference to suppliers’ membership of a dynamic market—

i

the unique identifier for the dynamic market against which the public contract is being awarded,

ii

a statement that the tender notice is for the award of a public contract which is to be awarded by reference to suppliers’ membership of a dynamic market, and

iii

where the public contract is being awarded under an appropriate part of a dynamic market—

aa

the title of the part, and

bb

the distinct number given to the part by the person who established the dynamic market.

3

Nothing in this regulation prevents a contracting authority from publishing other information that relates to the same procurement in the notice.

Tender notices: dynamic markets except qualifying utilities dynamic markets21

1

This regulation sets out other information which must be included in a tender notice for the award of a public contract by reference to suppliers’ membership of a dynamic market published under sections 21(1)(b) and 34(1) of the PA 2023.

2

The information is—

a

the same information referred to in regulation 19(2),

b

the unique identifier for the dynamic market against which the public contract is being awarded,

c

a statement that the tender notice is for the award of a public contract which is to be awarded by reference to suppliers’ membership of a dynamic market, and

d

where the public contract is being awarded to suppliers that are members of an appropriate part of a dynamic market—

i

the title of the part, and

ii

the distinct number given to the part by the person who established the dynamic market.

3

Nothing in this regulation prevents a contracting authority from providing other information that relates to the same procurement in the notice.

4

This regulation does not apply to a tender notice for the award of a framework by reference to suppliers’ membership of a dynamic market (see instead regulation 20).

5

This regulation does not apply to a tender notice of the type mentioned in regulation 22(1).

Tender notices: qualifying utilities dynamic market notices22

1

This regulation sets out other information which must be included in a tender notice for the award of a public contract by reference to a utilities dynamic market established under a qualifying utilities dynamic market notice provided under section 40(2) or (3) of the PA 2023.

2

The information is—

a

the contracting authority information,

b

the unique identifier for the dynamic market against which the public contract is being awarded,

c

the contract subject-matter,

d

where the public contract is for goods, services or works which the contracting authority expects will be needed after the expiry of the contract, an estimate, if possible, of the date when any subsequent tender notice will be provided,

e

a description of any option which will be included in the public contract—

i

to supply additional goods, services or works, or

ii

to extend or renew the term of the contract,

f

whether an electronic auction will be used,

g

how requests to participate may be submitted and the date by when they must be submitted,

h

how tenders may be submitted and the date by when they must be submitted,

i

whether the contracting authority proposes to rely on one of the following minimum tendering periods mentioned in the table in section 54(4) of the PA 2023 and, if so, which one—

i

entry 1 (contract being awarded is a light touch contract);

ii

entry 2 (utilities contracts or contracts awarded by a contract authority which is not a central government authority subject to a negotiated tender period);

iii

entry 3 (certain contracts awarded by a contracting authority which is not a central government authority where tenders may be submitted only by preselected suppliers);

iv

entry 5 (state of urgency),

j

a description of the kinds of goods, services or works which will be supplied, and

k

the estimated amount of goods, services or works which will be supplied.

3

Where a contracting authority has already published information mentioned in paragraph (2) in the qualifying utilities dynamic market notice to which the tender notice relates in accordance with regulation 25(2)(i)(ii), the contracting authority is not required to provide that information in the tender notice.

4

In paragraph (2), “electronic auction” has the meaning given by regulation 18(3).

5

Nothing in this regulation prevents a contracting authority from providing other information in the notice.

Associated tender documents23

1

This regulation sets out what information may be included in an associated tender document provided under section 21(3) of the PA 2023 in accordance with a tender notice.

2

The document may include any information supplementing the tender notice including, where appropriate, information duplicating the information mentioned in—

(as the case may be).

Below-threshold tender notices24

1

This regulation sets out other information which must be included in a below-threshold tender notice published under section 87(1) of the PA 2023.

2

The information is—

a

the contracting authority information,

b

the title of the procurement,

c

the unique identifier for the procurement,

d

the contract subject-matter,

e

the estimated value of the contract,

f

how tenders may be submitted and the date by when they must be submitted,

g

whether the notice is being used to invite tenders for a special regime contract and, if so, whether that contract is a defence and security contract or a light touch contract,

h

whether the contracting authority considers that the contract or any lot forming part of the contract may be particularly suitable to be awarded—

i

to a small and medium-sized enterprise, or

ii

to a non-governmental organisation that is value-driven and which principally reinvests its surpluses to further social, environmental or cultural objectives,

i

an explanation of the criteria against which the award of the contract will be assessed, and

j

a description of any conditions of participation in relation to the award of the contract.

3

Nothing in this regulation prevents a contracting authority from publishing other information that relates to the same procurement in the notice.

Dynamic market notices (including qualifying utilities dynamic market notices)25

1

Paragraph (2) sets out other information which must be included in a dynamic market notice published under section 39(2) of the PA 2023 (dynamic market notices: intention to establish a dynamic market).

2

The information is—

a

the name of the person establishing the dynamic market,

b

where there are two or more persons who are jointly establishing the dynamic market—

i

the name of the lead person, and

ii

the name of each of the other persons,

c

a contact postal address and email address for the person establishing the dynamic market or where there are two or more persons jointly establishing the market that information for each such person,

d

the unique identifier for the person establishing the dynamic market or where there are two or more persons jointly establishing the market the unique identifier for each such person,

e

the name of any person (“A”) establishing the dynamic market on behalf of another person and—

i

A’s contact postal address and email address,

ii

A’s unique identifier, and

iii

a summary of A’s role in relation to the dynamic market,

f

the name, contact postal address and email address of any person who can be contacted in the event of an enquiry about the dynamic market,

g

the title of the dynamic market,

h

the unique identifier for the dynamic market,

i

in the case of a qualifying utilities dynamic market notice—

i

a statement that only members of the market, or part of the market, will be notified of a future intention to award a contract by reference to suppliers’ membership of the market, or part of the market, and provided with a tender notice in accordance with section 40(1) and (2) of the PA 2023, and

ii

as much of the information as would be published in any tender notice published in accordance with regulation 21(2) that is available when the qualifying utilities dynamic market notice is published,

j

how documents relating to the dynamic market may be obtained,

k

how an application to join the dynamic market may be made,

l

whether the dynamic market is mainly for the supply of goods, services or works,

m

a description of the kinds of goods, services or works to which the dynamic market relates, given in such detail that a reader of the dynamic market notice can determine if they wish to apply to join the dynamic market, or appropriate part of the market,

n

the relevant CPV codes,

o

the conditions for membership of the dynamic market, or part of the market, set in accordance with section 36 of the PA 2023,

p

a description of the methods that will be used to verify whether a supplier meets those conditions, including any different conditions for different kinds of goods, services or works,

q

whether the dynamic market may be used to award a public contract for which the United Kingdom has obligations under the GPA,

r

from the date when the Comprehensive and Progressive Agreement for Trans-Pacific Partnership enters into force for the United Kingdom, whether the dynamic market is one for which the United Kingdom has obligations under that Agreement,

s

whether the dynamic market may be used to award a special regime contract and, if so, whether that contract is—

i

a concession contract,

ii

a defence and security contract,,

iii

a light touch contract, or

iv

a utilities contract,

t

where the dynamic market is divided into appropriate parts for the purpose of excluding suppliers that are not members of an appropriate part—

i

the title of each part,

ii

a description of each part including any relevant CPV codes, and

iii

the distinct number given to each part by the person establishing the dynamic market,

u

information enabling a reader to identify which contracting authorities will, or may apply to, use the dynamic market (either by reference to a list of authorities or a list describing categories of authorities),

v

the geographical classification, where it is possible to describe this,

w

in the case of a dynamic market with an estimated date when it will cease to operate—

i

the estimated date when the dynamic market will be established, and

ii

the estimated date when the dynamic market will cease to operate,

x

in the case of a dynamic market without an estimated date when it will cease to operate—

i

the estimated date when the dynamic market will be established, and

ii

a statement that the dynamic market is an open-ended market,

y

in the case of a dynamic market which is not a utilities dynamic market, whether the dynamic market provides for the charging of fees in accordance with section 38(1) of the PA 2023 and if so—

i

the fixed percentage to be applied to the estimated value of any public contract awarded to a supplier by reference to the dynamic market, and

ii

any other information needed in order to enable suppliers to understand how fees will be charged, and

z

in the case of a utilities dynamic market—

i

whether the utilities dynamic market provides for the charging of fees in accordance with section 38(3) of the PA 2023, and

ii

if so, information needed in order to enable suppliers to understand how fees will be charged.

3

Paragraph (4) sets out other information which must be included in a dynamic market notice published under section 39(3) of the PA 2023 (establishment of a dynamic market).

4

The information is—

a

the same information referred to in paragraph (2)(a) to (h),

b

the date on which the dynamic market was established,

c

for each supplier that is a member of the dynamic market—

i

the supplier’s name,

ii

the supplier’s contact postal address and email address,

iii

the unique identifier for the supplier, and

iv

whether the supplier is—

aa

a small and medium-sized enterprise, or

bb

a non-governmental organisation that is value-driven and which principally reinvests its surpluses to further social, environmental or cultural objectives, and

d

where the dynamic market is divided into parts, the part of which each of those suppliers is a member.

5

Paragraph (6) sets out other information which must be included in a dynamic market notice published under section 39(4) of the PA 2023 (modifications to a dynamic market).

6

The information is—

a

the same information referred to in paragraph (2)(a) to (h),

b

the date from when the modification has effect,

c

if a supplier is being admitted to the market, a statement to that effect and—

i

their name, contact postal address, email address and unique identifier, and

ii

where the dynamic market is divided into parts, the part of which the supplier is a member,

d

whether the supplier is—

i

a small and medium-sized enterprise, or

ii

a non-governmental organisation that is value-driven and which principally reinvests its surpluses to further social, environmental or cultural objectives,

e

if a supplier is being removed from the market, a statement to that effect and—

i

their name, contact postal address, email address and unique identifier, and

ii

where the dynamic market is divided into parts, the part of which the supplier is a member, and

f

a summary of any other modification being made.

7

Paragraph (8) sets out other information which must be included in a dynamic market notice published under section 39(5) of the PA 2023 (cessation of a dynamic market).

8

The information is—

a

the same information referred to in paragraph (2)(a) to (h), and

b

the date when the dynamic market ceased to operate.

9

Nothing in this regulation prevents a contracting authority from publishing other information that relates to the same procurement in a dynamic market notice.

Transparency notices26

1

This regulation sets out other information which must be included in a transparency notice published under section 44(1) of the PA 2023.

2

The information is—

a

the contracting authority information,

b

the title of the procurement,

c

the unique identifier for the procurement,

d

in the case of a procurement where there has been a switch to a direct award in accordance with section 43 of the PA 2023, the unique identifier allocated to the procurement before the switch to direct award,

e

the unique identifier for the contract, if this is known when the transparency notice is published,

f

the contract subject-matter,

g

whether the contract is a special regime contract and, if so, whether it is—

i

a concession contract,

ii

a defence and security contract,

iii

a light touch contract, or

iv

a utilities contract,

h

whether the contract is being awarded directly to a supplier that is not an excluded supplier because a direct award justification applies in accordance with section 41(1)(a) of the PA 2023,

i

if sub-paragraph (h) applies, the direct award justification in Schedule 5 to the PA 2023 which applies and an explanation of why the contracting authority considers that it applies,

j

whether the contract is being awarded directly to a supplier that is an excluded supplier because the contracting authority considers that there is an overriding public interest in awarding the contract to that supplier in accordance with section 41(2) to (5) of the PA 2023,

k

if sub-paragraph (j) applies—

i

the offence or other event mentioned in Schedule 6 to the PA 2023 by virtue of which the supplier is an excluded supplier, and

ii

which ground in section 41(5) of the PA 2023 applies and an explanation of why the contracting authority considers that it applies,

l

whether the contract is being awarded directly to a supplier pursuant to regulations made under section 42 of the PA 2023 (direct award to protect life, etc),

m

if sub-paragraph (l) applies, the title and registration number of the statutory instrument containing those regulations,

n

whether the contract is being awarded directly to a supplier that is not an excluded supplier by virtue of section 43 of the PA 2023 (switching to direct award),

o

if sub-paragraph (n) applies, the reason the contracting authority considers there were no suitable tenders or requests to participate by reference to section 43(2) of the PA 2023 and why it considers that an award under section 19 of that Act is not possible in the circumstances,

p

whether the contract is being awarded by reference to lots and, if so—

i

the title of each lot, and

ii

the distinct number given to each lot by the contracting authority,

q

the estimated value of the contract,

r

whether the contracting authority considers that the contract or any lot forming part of the contract may be particularly suitable to be awarded—

i

to a small and medium-sized enterprise, or

ii

to a non-governmental organisation that is value-driven and which principally reinvests its surpluses to further social, environmental or cultural objectives,

s

a description identifying any risk that—

i

the contracting authority considers—

aa

could jeopardise the satisfactory performance of the contract, but

bb

because of its nature, may not be addressed in the contract as awarded, and

ii

may require a subsequent modification to the contract under paragraph 5 of Schedule 8 to the PA 2023 (modification of contract following materialisation of a known risk),

t

whether suppliers have been selected for the award of the contract,

u

if suppliers have been selected for the award of the contract, for each supplier selected—

i

the supplier’s name,

ii

the—

aa

unique identifier for the supplier, or

bb

in the case of a direct award of a public contract pursuant to paragraphs 13 and 14 of Schedule 5 to the PA 2023 (urgency) where the supplier has not been allocated a unique identifier when the transparency notice is published but can instead provide unique information (for example a company registration number given under the CA 2006) which can be recognised by the central digital platform as the basis for a unique identifier allocated by that platform, that unique information, and

iii

the supplier’s contact postal address and email address,

v

the estimated date when the contract will be entered into, and

w

where the contract is a framework—

i

the term of the framework,

ii

whether the framework provides for fees to be charged to a supplier in accordance with the framework and, if so, details of the fixed percentage by which they will be charged in accordance with section 45(7) of the PA 2023, and

iii

the contracting authorities entitled to award contracts in accordance with the framework (whether by listing the names of those authorities or by describing categories of authorities).

3

Nothing in this regulation prevents a contracting authority from publishing other information that relates to the same procurement in the notice.

Contract award notices except those published by private utilities27

1

This regulation sets out other information which must be included in a contract award notice published by a contracting authority under section 50(1) of the PA 2023.

2

The information is—

a

the contracting authority information,

b

the title of the procurement,

c

the unique identifier for—

i

the procurement,

ii

the public contract,

iii

where the public contract is being awarded in accordance with a framework, the procurement of the framework in accordance with which the public contract is being awarded, and

iv

where the public contract is being awarded by reference to a suppliers’ membership of a dynamic market, the dynamic market,

d

the contract subject-matter,

e

for each supplier awarded the public contract—

i

the supplier’s name,

ii

the supplier’s contact postal address and email address,

iii

the—

aa

unique identifier for the supplier, or

bb

in the case of a direct award of a public contract pursuant to paragraphs 13 and 14 of Schedule 5 to the PA 2023 (urgency) where the supplier has not been allocated a unique identifier when the contract award notice is published but can instead provide unique information (for example a company registration number given under the CA 2006) which can be recognised by the central digital platform as the basis for a unique identifier allocated by that platform, that unique information,

iv

whether the supplier is an association of companies or other consortium,

v

whether the supplier is—

aa

a small and medium-sized enterprise,

bb

a non-governmental organisation that is value-driven and which principally reinvests its surpluses to further social, environmental or cultural objectives,

cc

a supported employment provider24, or

dd

a public service mutual,

vi

for each associated person of the supplier, the person’s name and contact postal address, and

vii

the supplier’s connected person information in accordance with regulation 11, but reading paragraphs (4)(a) and (8)(a) of that regulation as if each reference to date of birth were a reference to month and year of birth, subject to paragraph (4),

f

the date when the contracting authority decided to award the public contract,

g

if the public contract is being awarded by reference to lots, for each lot—

i

the name of the supplier that is being awarded the lot,

ii

the title of the lot,

iii

the distinct number given to the lot by the contracting authority,

iv

a description of the kinds of goods, services or works which will be supplied,

v

a summary of how those goods, services or works will be supplied,

vi

the estimated date when, or period over which, the goods, services or works will be supplied,

vii

the estimated amount of goods, services or works which will be supplied,

viii

the estimated value of the lot,

ix

the relevant CPV codes, and

x

the geographical classification, where it is possible to describe this,

h

where the public contract is being awarded in accordance with a framework, details of which of the following procedures was used—

i

a competitive selection process for frameworks under section 46 of the PA 2023, or

ii

an award without further competition under section 45(4) of the PA 2023,

i

where the public contract is a framework that is being awarded under an open framework, the unique identifier for the procurement of the last framework awarded under the open framework (unless no framework has previously been awarded under the open framework),

j

where the public contract is being awarded under an appropriate part of a dynamic market, the distinct number given to that part by the person who established the dynamic market,

k

whether the public contract is a special regime contract and, if so, whether it is—

i

a concession contract,

ii

a defence and security contract,

iii

a light touch contract, or

iv

a utilities contract,

l

whether the contracting authority has provided an assessment summary to each supplier that submitted an assessed tender in accordance with section 50(3) of the PA 2023 and, if so, the date when those assessment summaries were provided,

m

the estimated value of the public contract,

n

in respect of public contracts with an estimated value of £5 million or less—

i

the total number of tenders submitted by the contracting authority’s deadline for submitting tenders (discounting tenders submitted but subsequently withdrawn),

ii

the total number of tenders assessed by the contracting authority, and

iii

the total number of tenders assessed by the contracting authority which were submitted by—

aa

a small and medium-sized enterprise, and

bb

a non-governmental organisation that is value-driven and which principally reinvests its surpluses to further social, environmental or cultural objectives,

except in the case of a direct award under section 41 or 43 of the PA 2023,

o

in respect of public contracts with an estimated value of more than £5 million—

i

the total number of tenders submitted by the contracting authority’s deadline for submitting tenders (discounting tenders submitted but subsequently withdrawn),

ii

the name of each supplier that—

aa

submitted a tender which was assessed for the purposes of determining the most advantageous tender under section 19(1) of the PA 2023, and

bb

was not awarded the public contract,

(“unsuccessful supplier”), and

iii

for each unsuccessful supplier—

aa

the unique identifier for the supplier or other unique information referred to in sub-paragraph (e)(iii)(bb),

bb

the supplier’s postal address,

cc

whether the supplier is a small and medium-sized enterprise, and

dd

whether the supplier is a non-governmental organisation that is value-driven and which principally reinvests its surpluses to further social, environmental or cultural objectives,

except in the case of a direct award under section 41 or 43 of the PA 2023,

p

where the public contract is a framework or awarded other than in accordance with a framework, details of which of the following procedures was used—

i

an open procedure,

ii

a competitive flexible procedure, or

iii

a direct award under section 41 or 43 of the PA 2023,

q

whether a tender notice was used to reserve the contract to supported employment providers in accordance with section 32 of the PA 2023, and whether the contract was awarded to such a supplier,

r

whether a tender notice was used to reserve the contract to public service mutuals in accordance with section 33 of the PA 2023, and whether the contract was awarded to such a supplier,

s

the end date of any standstill period under section 51 of the PA 2023 or, if no standstill period applies, any date before which the contracting authority has determined not to enter into the contract,

t

the estimated date when the contract will be entered into,

u

where the public contract is being awarded directly under section 41 or 43 of the PA 2023, the same information referred to in 26(2)(h) to (o),

v

where the public contract is being awarded in accordance with a framework which is arranged by reference to lots, the distinct number given by the contracting authority to the lot under which the contract is being awarded, and

w

where—

i

the public contract is being awarded by reference to lots, and

ii

the contracting authority is using the contract award notice to give notice that it is ceasing to procure all of the goods, services and works set out in one or more of those lots or any lots under future contracts under the arrangement under section 18(2)(a) of the PA 2023,

the ceased lot information.

3

“Ceased lot information” is—

a

the following information for each ceased lot—

i

the title of the lot,

ii

the distinct number given to the lot by the contracting authority,

iii

the relevant CPV codes, and

iv

a description of the kinds of goods, services or works which were to have been supplied under the lot, and

b

the date when the contracting authority decided to cease the procurement under the lot.

4

A contracting authority is not required to publish, in accordance with paragraph (2)(e)(vii), connected person information which is secured information in relation to—

a

a connected person who is an individual who meets the description in regulation 11(3)(b) and (c), or

b

a connected person who is an individual who meets the description in regulation 11(15)(b).

5

“Secured information” is information which—

a

in relation to an individual mentioned in paragraph (4)(a) or (b), is for the time being omitted from a PSC register in accordance with regulation 33(1) of the Register of People with Significant Control Regulations 201625, or

b

in relation to an individual mentioned in paragraph (4)(b), is information regarding which the individual—

i

is reasonably of the view set out in paragraph (6), and

ii

has confirmed that view in writing to the contracting authority.

6

The view is that if the information is published—

a

the activities of the company, or

b

one or more characteristics or personal attributes of the applicant when associated with that company,

will put the applicant or a person living with the applicant at serious risk of being subjected to violence or intimidation.

7

Nothing in this regulation prevents a contracting authority from publishing other information that relates to the same procurement in the notice.

8

This regulation does not apply to a contracting authority which is a private utility.

Contract award notices published by private utilities28

1

This regulation sets out other information which must be included in a contract award notice published by a private utility under section 50(1) of the PA 2023.

2

The information is—

a

the same information referred to in regulation 27(2)(a) to (r), except sub-paragraphs (h), (n) and (o),

b

the estimated date when the contract will be entered into, and

c

a description of any option in the public contract—

i

to supply additional goods, services or works, or

ii

to extend or renew the term of the contract.

3

Nothing in this regulation prevents a contracting authority from publishing other information that relates to the same procurement (including information that relates to other contracts awarded under the same procurement) in the notice.

4

This regulation does not apply to—

a

the direct award of a public contract under section 41 or 43 of the PA 2023 (see instead regulation 29), or

b

the award of a public contract in accordance with a framework (see instead regulation 30).

Contract award notices published by private utilities: direct awards29

1

This regulation sets out other information which must be included in a contract award notice published by a private utility under section 50(1) of the PA 2023 where the contract was awarded directly in accordance with section 41 or 43 of the PA 2023.

2

The information is—

a

the same information referred to in regulation 27(2)(a) to (r), except sub-paragraphs (c)(iii) and (iv), (h) to (j), (l), (n) and (o),

b

the estimated date when the contract will be entered into,

c

a description of any option in the public contract—

i

to supply additional goods, services or works, or

ii

to extend or renew the term of the contract,

d

whether the contract is being awarded directly to a supplier that is not an excluded supplier because a direct award justification applies in accordance with section 41(1)(a) of the PA 2023,

e

if sub-paragraph (d) applies, the direct award justification in Schedule 5 which applies and an explanation of why the contracting authority considers that it applies,

f

whether the contract is being awarded directly to a supplier that is an excluded supplier because the contracting authority considers that there is an overriding public interest in awarding the contract to that supplier in accordance with section 41(2) to (5) of the PA 2023,

g

if sub-paragraph (f) applies—

i

the offence or other event mentioned in Schedule 6 to the PA 2023 by virtue of which the supplier is an excluded supplier, and

ii

which ground in section 41(5) of the PA 2023 applies and an explanation of why the contracting authority considers that it applies,

h

whether the contract is being awarded directly to a supplier pursuant to regulations made under section 42 of the PA 2023 (direct award to protect life, etc),

i

if sub-paragraph (h) applies, the title and registration number of the statutory instrument containing those regulations,

j

whether the contract is being awarded directly to a supplier that is not an excluded supplier by virtue of section 43 of the PA 2023 (switching to direct award), and

k

if sub-paragraph (j) applies, the reason the contracting authority considers there were no suitable tenders or requests to partipate by reference to section 43(2) of the PA 2023 and why it considers that an award under section 19 is not possible in the circumstances.

3

Nothing in this regulation prevents a contracting authority from publishing other information that relates to the same procurement in the notice.

Contract award notices published by private utilities: frameworks30

1

This regulation sets out other information which must be included in a contract award notice published by a private utility under section 50(1) of the PA 2023 where the contract is being awarded in accordance with a framework.

2

The information is—

a

the same information referred to in regulation 27(2)(a) to (r), except sub-paragraphs (c)(iv), (i), (j), (n), (o) and (p),

b

the estimated date when the contract will be entered into,

c

a description of any option in the public contract—

i

to supply additional goods, services or works, or

ii

to extend or renew the term of the contract,

d

where the framework is arranged by reference to lots, the distinct number given by the contracting authority to the lot under which the contract is being awarded,

e

details of which of the following procedures was used to award the public contract—

i

a competitive selection process for frameworks under section 46 of the PA 2023, or

ii

an award without further competition under section 45(4) of the PA 2023, and

f

if sub-paragraph (e)(ii) applies, an explanation of why the contracting authority considered that it applies by reference to section 45(4) of the PA 2023.

3

Nothing in this regulation prevents a contracting authority from publishing other information that relates to the same procurement in the notice.

Assessment summaries31

1

This regulation sets out what information must be included in an assessment summary provided to a supplier under section 50(3) of the PA 2023.

2

In the case of the most advantageous tender, the information is—

a

the name of the supplier,

b

a contact postal address and email address for the supplier,

c

the unique identifier for the supplier,

d

in respect of the award criteria for the public contract—

i

the award criteria, including the assessment methodology, set out in full, or a summary of the award criteria including—

aa

the title of each criterion,

bb

the relative importance of each criterion, and

cc

how each criterion was to have been assessed by reference to scores and what scores were to have been available for each criterion, and

ii

if the award criteria, including the assessment methodology, are not set out in full in the assessment summary, an indication of where the full version can be accessed, and

e

how the tender was assessed against the award criteria by reference to scores including—

i

the score determined for each award criterion and—

aa

an explanation for that score by reference to relevant information in the tender, and

bb

where an award criterion includes sub-criteria for assessment, an explanation of how the tender was assessed by reference to each sub-criterion, and

ii

the total score and any sub-total scores.

3

In the case of any other assessed tender, the information is—

a

the information referred to in paragraph (2)(a) to (d) in respect of the tender,

b

the information as referred to in paragraph (2)(e) in respect of the tender, but only to the extent that the tender was assessed against the award criteria,

c

any further explanation of why the public contract is not being awarded to the supplier including, where the tender was disqualified under the assessment methodology under section 23(3) of the PA 2023, the reasons for that disqualification

d

the information referred to in paragraph (2)(e) in respect of the most advantageous tender.

4

All assessment summaries in respect of a public contract which are provided by a contracting authority to suppliers in accordance with section 50(3) of the PA 2023 must be provided to each supplier at the same time.

5

Nothing in this regulation prevents a contracting authority from providing other information that relates to the same procurement in an assessment summary.

Contract details notices: open or competitive flexible procedure32

1

This regulation sets out other information which must be included in a contract details notice published under section 53(1) of the PA 2023 where the public contract was entered into following—

a

an open procedure, or

b

a competitive flexible procedure (including by reference to a dynamic market).

2

The information is—

a

the contracting authority information,

b

the title of the procurement,

c

the unique identifier for the procurement,

d

the unique identifier for the public contract,

e

where the public contract was awarded by reference to suppliers’ membership of a dynamic market, the unique identifier for that dynamic market,

f

the contract subject-matter,

g

for each supplier party to the public contract—

i

the supplier’s name,

ii

the supplier’s contact postal address and email address,

iii

the unique identifier for the supplier, and

iv

whether the supplier is—

aa

a small and medium-sized enterprise,

bb

a non-governmental organisation that is value-driven and which principally reinvests its surpluses to further social, environmental or cultural objectives,

cc

a supported employment provider, or

dd

a public service mutual,

h

whether the public contract was awarded following—

i

an open procedure, or

ii

a competitive flexible procedure,

i

whether the contract was reserved—

i

to supported employment providers in accordance with section 32 of the PA 2023, or

ii

to public service mutuals in accordance with section 33 of the PA 2023,

j

if the public contract was awarded by reference to a lot—

i

the title of the lot,

ii

the distinct number given to the lot by the contracting authority,

iii

a description of the kinds of goods, services or works which will be supplied,

iv

a summary of how those goods, services or works will be supplied,

v

the estimated date when, or period over which, the goods, services or works will be supplied,

vi

the estimated amount of goods, services or works which will be supplied,

vii

the estimated value of the lot, and

viii

the relevant CPV codes,

k

the estimated value of the public contract,

l

the date when the public contract was entered into,

m

a description of any option in the public contract—

i

to supply additional goods, services or works, or

ii

to extend or renew the term of the contract,

n

where the public contract was awarded under an appropriate part of a dynamic market, the distinct number given to that part by the person who established the dynamic market,

o

whether the public contract is a special regime contract and, if so, whether it is—

i

a concession contract,

ii

a defence and security contract,

iii

a light touch contract, or

iv

a utilities contract,

p

whether the public contract is a contract for which the United Kingdom has obligations under the GPA,

q

from the date when the Comprehensive and Progressive Agreement for Trans-Pacific Partnership enters into force for the United Kingdom, whether the public contract is a contract for which the United Kingdom has obligations under that Agreement,

r

where key performance indicators were set in accordance with section 52(1) of the PA 2023—

i

a description of each key performance indicator, and

ii

how often the contracting authority will assess performance against the key performance indicators in accordance with section 71(2) of the PA 2023, and

s

where key performance indicators were not set by virtue of section 52(2) of the PA 2023, an explanation of why the contracting authority considers that the supplier’s performance under the contract could not appropriately be assessed by reference to key performance indicators.

3

Nothing in this regulation prevents a contracting authority from publishing other information that relates to the same procurement in the notice.

4

This regulation does not apply to a contract details notice where the public contract is a framework (see instead regulation 33).

Contract details notices: frameworks33

1

This regulation sets out other information which must be included in a contract details notice published under section 53(1) of the PA 2023 where the public contract is a framework.

2

The information is—

a

the same information referred to in regulation 32(2)(a) to (q), except sub-paragraph (h),

b

the contracting authorities entitled to award public contracts in accordance with the framework (whether by listing the names of those authorities or by describing categories of authorities),

c

the term of the framework,

d

whether the framework is awarded under an open framework,

e

where the framework was awarded under an open framework, the unique identifier for the procurement of the last framework awarded under the open framework (unless no framework has previously been awarded under the open framework),

f

where the framework was awarded under an open framework, the estimated end date of the open framework,

g

whether the public contract was awarded—

i

following an open procedure,

ii

following a competitive flexible procedure, or

iii

directly, in accordance with section 41 or 43 of the PA 2023,

h

whether the framework provides for fees to be charged to a supplier in accordance with the framework and, if so, details of the fixed percentage by which they will be charged in accordance with section 45(7) of the PA 2023,

i

the price payable, or mechanism for determining the price payable, under a public contract awarded in accordance with the framework, and

j

details of the selection process to be applied on the award of a contract in accordance with the framework.

3

Nothing in this regulation prevents a contracting authority from publishing other information that relates to the same procurement in the notice.

Contract details notices: public contracts awarded in accordance with frameworks34

1

This regulation sets out other information which must be included in a contract details notice published under section 53(1) of the PA 2023 where the public contract was awarded in accordance with a framework.

2

The information is—

a

the same information referred to in regulation 32(2), except sub-paragraphs (e), (h), (n), (p) and (q),

b

the unique identifier for the procurement of the framework in accordance with which the public contract is being awarded,

c

whether the framework is a defence and security framework within the meaning given by section 47(4)(a) of the PA 2023,

d

where the framework is arranged by reference to lots, the distinct number given by the contracting authority to the lot under which the contract is being awarded,

e

details of which of the following procedures was used to award the public contract—

i

a competitive selection process for frameworks under section 46 of the PA 2023, or

ii

an award without further competition under section 45(4) of the PA 2023, and

f

if sub-paragraph (e)(ii) applies, an explanation of why the contracting authority considered that it applies by reference to section 45(4) of the PA 2023.

3

Nothing in this regulation prevents a contracting authority from publishing other information that relates to the same procurement in the notice.

Contract details notices: direct award35

1

This regulation sets out other information which must be included in a contract details notice published under section 53(1) of the PA 2023 where the public contract was awarded directly in accordance with section 41 or 43 of the PA 2023.

2

The information is—

a

the same information referred to in regulation 32(2), except sub-paragraphs (e), (h) and (n),

b

whether the contract was awarded directly to a supplier that is not an excluded supplier because a direct award justification applies in accordance with section 41(1)(a) of the PA 2023,

c

if sub-paragraph (b) applies, the direct award justification in Schedule 5 which applies and an explanation of why the contracting authority considers that it applies,

d

whether the contract was awarded directly to a supplier that is an excluded supplier because the contracting authority considered that there was an overriding public interest in awarding the contract to that supplier in accordance with section 41(2) to (5) of the PA 2023,

e

if sub-paragraph (d) applies, which ground in section 41(5) of the PA 2023 applies and an explanation of why the contracting authority considers that it applies,

f

whether the contract was awarded directly to a supplier pursuant to regulations made under section 42 of the PA 2023 (direct award to protect life, etc),

g

if sub-paragraph (f) applies, the title and registration number of the statutory instrument containing those regulations,

h

whether the contract was awarded directly to a supplier that is not an excluded supplier by virtue of section 43 of the PA 2023 (switching to direct award),

i

if sub-paragraph (h) applies, the reason the contracting authority considers there were no suitable tenders or requests to participate by reference to section 43(2) of the PA 2023 and why it considers that an award under section 19 of that Act is not possible in the circumstances,

j

whether the contract was awarded to a supplier that is an excluded supplier by virtue of section 41(2) of the PA 2023, and

k

if sub-paragraph (j) applies, the offence or other event mentioned in Schedule 6 to the PA 2023 in question.

3

Nothing in this regulation prevents a contracting authority from publishing other information that relates to the same procurement in the notice.

4

This regulation does not apply to a contract details notice where the public contract is a framework (see instead regulation 33).

Contract details notices: below-threshold contracts36

1

This regulation sets out other information which must be included in a contract details notice published under section 87(3) of the PA 2023.

2

The information is—

a

the contracting authority information,

b

the title of the procurement,

c

the unique identifier for the procurement,

d

the unique identifier for the contract,

e

for each supplier party to the contract—

i

the supplier’s name,

ii

the supplier’s contact postal address and email address,

iii

the unique identifier for the supplier, except where the supplier has not obtained one, and

iv

whether the supplier is—

aa

a small and medium-sized enterprise, or

bb

a non-governmental organisation that is value-driven and which principally reinvests its surpluses to further social, environmental or cultural objectives,

f

the contract subject-matter,

g

whether the contract was awarded by reference to lots and, if so—

i

the title of each lot under the contract, and

ii

the distinct number given to each lot by the contracting authority,

h

whether the contract is a defence and security contract or a light touch contract,

i

the estimated value of the contract,

j

the date when the contract was entered into, and

k

a description of any option in the contract—

i

to supply additional goods, services or works, or

ii

to extend or renew the term of the contract.

3

Nothing in this regulation prevents a contracting authority from publishing other information that relates to the same procurement in the notice.

Procurement termination notices37

1

This regulation sets out what information must be included in a procurement termination notice published under section 55(2) of the PA 2023.

2

The information is—

a

the contracting authority information,

b

the title of the procurement,

c

the unique identifier for the procurement,

d

a statement to the effect that, following the publication of a tender or transparency notice in respect of a contract, the contracting authority has decided not to award the contract, and

e

the date when the contracting authority decided not to award the public contract.

3

Nothing in this regulation prevents a contracting authority from publishing other information that relates to the same procurement in a procurement termination notice.

Payments compliance notices38

1

This regulation sets out what information must be included in a payments compliance notice published under section 69(1) of the PA 2023.

2

The information is—

a

the contracting authority information,

b

the dates of the first and the last days of the reporting period to which the payments compliance notice relates,

c

in respect of sums paid by the contracting authority under public contracts during the reporting period—

i

the average number of days taken to make those payments, where day 1 is the first day after the invoice day;

ii

the percentage of those payments which were made, where day 1 is the first day after the invoice day—

aa

within the period beginning on day 1 and ending with day 30;

bb

within the period beginning on day 31 and ending with day 60;

cc

on or after day 61,

d

in respect of sums which became payable under public contracts during the reporting period, the percentage of those payments which were not made within the reporting period, and

e

a statement of the director or similar officer of the contracting authority who is responsible for the contracting authority’s finances setting out that they approve the payments compliance notice and that person’s name and job title.

3

In paragraph (2)

  • average” means the arithmetic mean;

  • invoice day” means the day on which a contracting authority receives an invoice.

4

For the purposes of paragraph (2), a payment is made—

a

when it is received by the supplier;

b

if there is any delay in the sum being received for which the contracting authority is not responsible, when it would have been received without that delay.

5

In paragraph (3) the reference to a contracting authority receiving an invoice is to the invoice being delivered to an address, or through an electronic invoicing system, as specified in the contract in question for that purpose.

6

Nothing in this regulation prevents a contracting authority from publishing other relevant information in the notice.

Contract performance notices except in relation to full termination39

1

This regulation makes provision about information published under either of the following provisions—

a

section 71(2)(b) of the PA 2023 (assessment of performance against key performance indicators);

b

section 71(5) of that Act (breach of public contract or failure to perform).

2

The information must be published in the form of a notice called a “Contract Performance Notice”.

3

Where the information is being published under section 71(2)(b) of the PA 2023, the notice must include the information set out in paragraph (4).

4

The information is—

a

the contracting authority information,

b

the title of the procurement,

c

the unique identifier for—

i

the procurement, and

ii

the public contract,

d

the key performance indicators set in accordance with section 52(1) of the PA 2023,

e

a statement that the notice is being used to set out the contracting authority’s assessment of performance against the key performance indicators,

f

for each supplier whose performance has been assessed against the key performance indicators—

i

the supplier’s name,

ii

the supplier’s contact postal address and email address, and

iii

the unique identifier for the supplier,

g

the contracting authority’s assessment of performance against the indicators in accordance with the ratings set out in paragraph (5), and

h

the time period to which the contracting authority’s assessment applies.

5

The ratings are—

Rating

Description

Good

Performance is meeting or exceeding the key performance indicators

Approaching target

Performance is close to meeting the key performance indicators

Requires improvement

Performance is below the key performance indicators

Inadequate

Performance is significantly below the key performance indicators

Other

Performance cannot be described as good, approaching target, requires improvement or inadequate

6

Where the information is being published under section 71(5) of the PA 2023, the notice must include the information set out in paragraph (7).

7

The information is—

a

the contracting authority information,

b

the title of the procurement,

c

the unique identifier for—

i

the procurement, and

ii

the public contract,

d

for each supplier that has committed the breach or failure to perform set out in the notice—

i

the supplier’s name,

ii

the supplier’s contact postal address and email address, and

iii

the unique identifier for the supplier,

e

the information referred to in—

i

section 71(5)(a) of the PA 2023 (that section 71(5) of that Act applies), and

ii

section 71(5)(b) of the PA 2023 (the circumstances giving rise to the application of section 71(5) of that Act),

f

a statement that the information is being published because—

i

the supplier has breached the public contract and the breach resulted in one of the events referred to in section 71(3)(b), or

ii

the supplier is not performing a public contract to the contracting authority’s satisfaction,

g

where the supplier has breached the public contract, which of the following resulted from the breach—

i

partial termination of the public contract;

ii

the award of damages;

iii

a settlement agreement between the supplier and the contracting authority,

h

where the supplier has breached the public contract, the date of any—

i

partial termination of the public contract,

ii

award of damages, or

iii

settlement,

(as the case may be),

i

where the supplier is not performing the public contract to the contracting authority’s satisfaction, the date when the contracting authority considered that the supplier had failed to improve its performance in accordance with section 71(4)(c),

j

an explanation of the nature of the contractual obligation which has been breached or is not being performed to the contracting authority’s satisfaction,

k

an explanation of the nature of the breach or failure to perform including—

i

an explanation of the impact or consequences of the breach or failure to perform,

ii

the duration of the breach or failure to perform and whether it is ongoing,

iii

an explanation of any steps taken by the supplier to mitigate the impact or consequences of the breach or failure to perform,

iv

any steps that the contracting authority has taken to notify the supplier of the breach or failure to perform and encourage them to improve the situation, including—

aa

any warning notices given under the public contract, or

bb

any opportunity to improve performance,

v

what steps, if any, were taken by the supplier to improve the situation and why these were not sufficient,

l

where the breach has resulted in partial termination of the public contract, a description of which part of, or to what extent, the contract has been partially terminated, and

m

where there has been an award of damages or payment of other monies following the breach or failure to perform—

i

confirmation that this is the case,

ii

the amount of damages or other monies,

iii

the basis on which any damages were awarded or other monies paid, for example—

aa

in the case of damages, in accordance with the public contract,

bb

in the case of damages, in accordance with a decision of a court or tribunal, or

cc

in the case of other monies, in accordance with a negotiated settlement, and

iv

where there is a recorded decision of a court or tribunal finding that there was a breach, a link to the web page where the decision can be accessed or a copy of the decision.

8

Nothing in this regulation prevents a contracting authority from publishing other information that relates to the same procurement in the notice.

9

This regulation does not apply to information required to be published in accordance with section 71(5) of the PA 2023 where a breach resulted in the full termination of a public contract (see instead regulation 41).

Contract change notices40

1

This regulation sets out other information which must be included in a contract change notice published under section 75(1) or (5) of the PA 202326.

2

The information is—

a

the contracting authority information,

b

the title of the procurement,

c

the unique identifier for the procurement,

d

the unique identifier for the contract,

e

for each supplier party to the public contract or convertible contract—

i

the supplier’s name,

ii

the supplier’s contact postal address and email address, and

iii

the unique identifier for the supplier,

f

whether the contracting authority is permitted to make the modification to the public contract or convertible contract because the modification is, by virtue of section 74(1)(a) of the PA 2023, one which is described—

i

in paragraphs 2 and 3 of Schedule 8 to that Act (urgency and the protection of life, etc),

ii

in paragraph 4 of Schedule 8 to that Act (unforeseeable circumstances),

iii

in paragraphs 5 to 7 of Schedule 8 to that Act (materialisation of a known risk),

iv

in paragraph 8 of Schedule 8 to that Act (additional goods, services or works), or

v

in paragraph 9 of Schedule 8 to that Act (transfer on corporate restructuring),

(where the modification is permitted under one of those provisions),

g

an explanation of why the modification falls within one of the types of modifications mentioned in sub-paragraph (f),

h

details of any change as a result of the modification—

i

to the estimated value of the public contract or convertible contract immediately prior to the modification, or

ii

to the term of the public contract or convertible contract,

i

where the modification is one which is described in paragraph 9 of Schedule 8 to that Act (transfer on corporate restructuring)—

i

for each new supplier that is party to the public contract or convertible contract—

aa

the supplier’s name,

bb

the supplier’s contact postal address and email address, and

cc

the unique identifier for the supplier, and

ii

for each supplier that will no longer be party to the public contract or convertible contract, the same information referred to in sub-paragraph (i)(aa) to (cc),

j

the estimated date when—

i

the public contract or convertible contract will be modified, and

ii

the modification will have effect, and

k

whether a voluntary standstill period applies in accordance with section 76(1) of the PA 2023 and, if so, the duration of that period.

3

Nothing in this regulation prevents a contracting authority from publishing other information that relates to the same procurement in the notice.

Contract termination notices41

1

This regulation sets out other information which must be included in a contract termination notice published under section 80(1) of the PA 2023.

2

The information is—

a

the contracting authority information,

b

the title of the procurement,

c

the unique identifier for—

i

the procurement,

ii

the public contract,

d

for each supplier party to the public contract—

i

the supplier’s name,

ii

the supplier’s contact postal address and email address, and

iii

the unique identifier for the supplier,

e

the reasons why the public contract has been terminated (including any reason mentioned in section 80(3) of the PA 2023),

f

the date when the public contract was terminated,

g

the estimated value of the public contract,

h

where the termination of the public contract was the result of the supplier breaching the contract—

i

a statement that section 71(5) of the PA 2023 applies because the supplier breached the public contract,

ii

whether the breach resulted in—

aa

the award of damages;

bb

a settlement agreement between the supplier and the contracting authority,

iii

the date of—

aa

any award of any damages, or

bb

any settlement,

iv

where the supplier did not perform the public contract to the contracting authority’s satisfaction, the date when the contracting authority considered that the supplier had failed to improve its performance in accordance with section 71(4)(c),

v

an explanation of the nature of the contractual obligation which was breached or was not performed to the contracting authority’s satisfaction,

vi

an explanation of the nature of the breach or failure to perform including—

aa

an explanation of the impact or consequences of the breach or failure to perform,

bb

the duration of the breach or failure to perform,

cc

an explanation of any steps taken by the supplier to mitigate the impact or consequences of the breach or failure to perform,

dd

any steps that the contracting authority took to notify the supplier of the breach or failure to perform and encourage them to improve the situation, including any warning notices given under the public contract or other proper opportunity to improve performance pursuant to section 71(4)(b) of the PA 2023,

ee

what steps, if any, were taken by the supplier to improve the situation and why these were not sufficient, and

vii

where there was an award of damages or other monies paid following the breach or failure to perform—

aa

confirmation that this is the case,

bb

the amount of damages or other monies paid,

cc

the basis on which the damages were awarded or other monies paid, for example in accordance with the public contract, a decision of a court or tribunal or a negotiated settlement, and

dd

where there is a recorded decision of a court or tribunal finding that there was a breach, a link to the web page where the decision can be accessed or a copy of the decision.

3

Nothing in this regulation prevents a contracting authority from publishing other information that relates to the same procurement in the notice.

Part 3Other provisions supplementing the Procurement Act 2023

Specification of light touch and reservable light touch services42

1

For the purposes of section 9(1) of the PA 2023 (light touch contracts) the services which are covered by the CPV codes set out in column (1) of Table 1 in Schedule 1 and described in column (2) of that Table are specified as light touch services for the purposes of section 9(1) of the PA 2023.

2

For the purposes of section 33(7) of the PA 2023 (reserving contracts to public service mutuals), a service specified in columns (1) and (2) of Table 1 in Schedule 1 is specified as a reservable light touch service where in the entry corresponding to that service in column (3) the letter “R” appears.

3

The services which are covered by the CPV codes set out in Table 2 of Schedule 1 are specified as light touch services for the purposes of section 9(1) of the PA 2023, but only where those services are supplied under a contract for the supply of any thing listed in section 7(1)(a) to (f) of the PA 2023 (defence and security contracts).

Disapplication in relation to regulated health procurement43

The PA 2023 does not apply in relation to regulated health procurement27.

Central government authorities44

1

The Crown, but not His Majesty in his private capacity, and each of the entities listed in columns 1 or 2 of the Table in Schedule 2 to these Regulations (whether or not they perform their functions on behalf of the Crown) are specified for the purposes of the definition of “central government authority” in paragraph 5(1) of Schedule 1 to the PA 2023 (threshold amounts).

2

Where an entity listed in Schedule 2 is or has been succeeded by another entity, which is itself a contracting authority, the successor entity shall be deemed to be included in Schedule 2.

Meaning of “works” in paragraph 5(1) of Schedule 1 to the Procurement Act 202345

For the purposes of the definition of “works” in paragraph 5(1) of Schedule 1 to the PA 2023, “works” means any of the activities coming within a CPV code listed in Schedule 3.

Defence authorities46

For the purposes of section 7(5) of the PA 2023, each of the following contracting authorities is a defence authority—

a

the Secretary of State for Defence;

b

AWE PLC28;

c

the National Crime Agency29;

d

the Oil and Pipelines Agency30.

Part 4Amendment of the Procurement Act 2023

Regulation of procurement by devolved Scottish authorities47

1

The PA 2023 is amended as follows.

2

In section 2(5)(a) (contracting authorities), after “authority” insert “, except where a devolved Scottish authority carries out procurement falling within section 115A”.

3

After section 115, insert—

115AApplication of this Act where a devolved Scottish authority carries out procurement under a reserved procurement arrangement etc.

1

This Act applies, without modification, where a devolved Scottish authority carries out procurement under a reserved procurement arrangement, a devolved Welsh procurement arrangement or a transferred Northern Ireland procurement arrangement, and as part of that procurement arrangement a contract is to be awarded following a procedure or other selection process carried out—

a

jointly by that authority and one or more contracting authority which is not a devolved Scottish authority, or

b

by a centralised procurement authority or equivalent body.

2

In respect of procurement not falling within subsection (1) but to which subsection (3) applies—

a

the provisions of this Act specified in column (1) of the Table in Schedule 9A apply in relation to that procurement, and

b

where there is a modification specified in column (2) in respect of a provision specified in column (1), that provision applies subject to that modification.

3

This subsection applies in relation to procurement carried out by a devolved Scottish authority under a reserved procurement arrangement, a devolved Welsh arrangement or a transferred Northern Ireland procurement, and as part of that procurement arrangement a contract is to be awarded—

a

in accordance with a framework or similar arrangement, or

b

by reference to a dynamic market, a utilities dynamic market or similar arrangement.

4

This section applies only to a devolved Scottish authority which is—

a

a contracting authority within the meaning of regulation 2(1) of the Public Contracts (Scotland) Regulations 201531, or

b

a utility within the meaning of regulation 4 of the Utilities Contracts (Scotland) Regulations 201632.

4

After Schedule 9, insert—

Schedule 9AProcurement by devolved scottish authorities

Section 115A

Provision of the PA 2023

Modification

(1)

(2)

Section 1 (procurement and covered procurement)

Section 2 (contracting authorities)

Section 3 (public contracts)

Section 4 (valuation of contracts)

Section 5 (mixed procurement: above and below threshold)

Section 6 (utilities contracts)

Subsections (5) and (6) do not apply

Section 7 (defence and security contracts)

Section 8 (concession contracts)

Section 9 (light touch contracts)

Subsections (2) to (4) do not apply

Section 10 (mixed procurement: special regime contracts)

Section 11 (covered procurement only in accordance with this Act)

Section 19 (award of public contracts following a competitive tendering procedure)

Subsection (9) does not apply

Section 20 (competitive tendering procedure)

Subsection (9) does not apply

Section 21 (tender notices and associated tender documents)

Section 22 (conditions of participation)

Section 23 (award criteria)

Section 24 (refining award criteria)

Section 26 (excluding suppliers from a competitive award)

Section 27 (excluding suppliers from a competitive flexible procedure)

Section 28 (excluding suppliers by reference to sub-contractors)

Section 29 (excluding a supplier that is a threat to national security)

Section 30 (excluding suppliers for improper behaviour)

Section 31 (modifying a section 19 procurement)

Section 34 (competitive award by reference to dynamic markets)

Section 35 (dynamic markets: establishment)

Subsection (3) does not apply

Section 40 (qualifying utilities dynamic market notices: no duty to publish a tender notice)

Section 45 (frameworks)

Only subsections (1), (2) and (8) apply

Section 46 (frameworks: competitive selection process)

Section 50 (contract award notices and assessment summaries)

Subsection (6)(b) does not apply

Section 51 (standstill periods on the award of contracts)

Subsections 3(a) to (c) do not apply

Section 53 (contract details notices)

Subsections (3) to (5) and (6)(b) do not apply

Section 54 (time limits)

The fourth entry in the table at subsection (4) (qualifying planned procurement notice) and the definition of “qualifying planned procurement notice” do not apply

Section 55 (procurement termination notices)

Section 56 (technical specifications)

Section 57 (meaning of excluded and excludable supplier)

Section 58 (considering whether a supplier is excluded or excludable)

Section 59 (notification of exclusion of supplier)

Subsections (1)(a)(iv) and (v) do not apply.

In respect of a procurement carried out by a devolved Scottish authority, the “relevant appropriate authority” is the Scottish Ministers, as defined by section 44(2) of the Scotland Act 1998 33

Section 62(3) (debarment list: definition of debarment list)

Section 67 (electronic invoicing: implied term)

Section 78 (implied right to terminate public contracts)

Section 79 (terminating public contracts: national security)

Section 80 (contract termination notices)

Section 81 (conflicts of interest: duty to identify)

Applies as though the definition of Minister in subsection (4) includes “the Scottish Ministers, as defined by section 44(2) of the Scotland Act 1998”

Section 82 (conflicts of interest: duty to mitigate)

Section 83 (conflicts assessment)

Section 89 (treaty state suppliers)

Subsection (3) does not apply

Section 90 (treaty state suppliers: non-discrimination)

Section 91 (treaty state suppliers: non-discrimination in Scotland)

Section 92 (trade disputes)

Section 94 (general exemptions from duties to publish or disclose information)

Section 96 (electronic communications)

Section 98 (record-keeping)

Section 99 (data protection)

Section 100 (duties under this Act enforceable in civil proceedings)

Applies as though: (a) in subsection (1), the reference to Parts of the PA 2023 were replaced by the provisions of that Act specified to apply by section 115A and this Schedule; and (b) subsection (5) were omitted

Section 101 (automatic suspension of the entry into or modification of contracts

Applies in relation to entry into a public contract only, and as though, in subsection (5), the reference to section 76 were omitted

Section 102 (interim remedies)

Applies as though, in subsection (3), the reference to section 76 were omitted

Section 103 (pre-contractual remedies)

Section 104 (post-contractual remedies)

Section 105 (post-contractual remedies: set aside conditions)

Applies as though, in subsection (1)(b), the reference to section 76 were omitted, and subsection (3) were omitted.

Section 106 (time limits on claims)

Section 107 (Part 9 proceedings and closed material procedure)

Part 11 (appropriate authorities and cross-border procurement)

Section 123 (interpretation)

Subsection (4) does not apply

Section 126 (extent)

Section 128 (short title)

Schedule 1 (threshold amounts)

Schedule 2 (exempted contracts)

Schedule 3 (estimating the value of a contract)

Schedule 4 (utility activities)

Schedule 6 (mandatory exclusion grounds)

Schedule 7 (discretionary exclusion grounds)

Schedule 9 (treaty state suppliers)

Schedule 9A (procurement by devolved Scottish authorities)

Schedule 10 (single source defence contracts)

Schedule 11 (repeals and revocations)

Preliminary market engagement in relation to private utilities48

1

The PA 2023 is amended as follows.

2

In section 17 (preliminary market engagement), after subsection (2), insert—

3

This section does not apply to a private utility, other than to a private utility which is a devolved Welsh authority that is not carrying out procurement under a reserved procurement arrangement or a transferred Northern Ireland procurement arrangement.

Part 5Application of Parts 2 and 3: devolved Welsh and Scottish authorities

Application of Parts 2 and 3 in relation to devolved Welsh authorities49

1

Parts 2 and 3 apply to a contracting authority that is a devolved Welsh authority in relation to a procurement under—

a

a reserved procurement arrangement, and

b

a transferred Northern Ireland procurement arrangement.

2

Parts 2 and 3 do not apply to a contracting authority in relation to a procurement under a devolved Welsh procurement arrangement.

Application of Parts 2 and 3 in relation to devolved Scottish authorities50

Parts 2 and 3 apply to a contracting authority that is a devolved Scottish authority in relation to a procurement which is regulated in accordance with section 115A of, and Schedule 9 to, the PA 2023.

NameParliamentary SecretaryCabinet Office

Schedules

Schedule 1Light touch services

Regulation 42

Table 1Light touch services

CPV code

Service

Reservable

(1)

(2)

(3)

Health, social and related services

75231200

Services related to the detention or rehabilitation of criminals

75231240

Probation services

79611000

Job search services

79622000

Supply services of domestic help personnel

R

79624000

Supply services of nursing personnel

R

79625000

Supply services of medical personnel

R

85000000

Health and social work services

R

85100000

Health services

R

85110000

Hospital and related services

R

85111000

Hospital services

R

85111100

Surgical hospital services

R

85111200

Medical hospital services

R

85111300

Gynaecological hospital services

R

85111310

In vitro fertilisation services

R

85111320

Obstetrical hospital services

R

85111400

Rehabilitation hospital services

R

85111500

Psychiatric hospital services

R

85111600

Orthotic services

R

85111700

Oxygen-therapy services

R

85111800

Pathology services

R

85111810

Blood analysis services

R

85111820

Bacteriological analysis services

R

85111900

Hospital dialysis services

R

85112000

Hospital support services

R

85112100

Hospital-bedding services

R

85112200

Outpatient care services

R

85120000

Medical practice and related services

R

85121000

Medical practice services

R

85121100

General-practitioner services

R

85121200

Medical specialist services

R

85121210

Gynaecologic or obstetric services

R

85121220

Nephrology or nervous system specialist services

R

85121230

Cardiology services or pulmonary specialists services

R

85121231

Cardiology services

R

85121232

Pulmonary specialists services

R

85121240

ENT or audiologist services

R

85121250

Gastroenterologist and geriatric services

R

85121251

Gastroenterologist services

R

85121252

Geriatric services

R

85121270

Psychiatrist or psychologist services

R

85121271

Home for the psychologically disturbed services

R

85121280

Ophthalmologist, dermatology or orthopedics services

R

85121281

Ophthalmologist services

R

85121282

Dermatology services

R

85121283

Orthopaedic services

R

85121290

Paediatric or urologist services

R

85121291

Paediatric services

R

85121292

Urologist services

R

85121300

Surgical specialist services

R

85130000

Dental practice and related services

R

85131000

Dental-practice services

R

85131100

Orthodontic services

R

85131110

Orthodontic-surgery services

R

85140000

Miscellaneous health services

R

85141000

Services provided by medical personnel

R

85141100

Services provided by midwives

R

85141200

Services provided by nurses

R

85141210

Home medical treatment services

R

85141211

Dialysis home medical treatment services

R

85141220

Advisory services provided by nurses

R

85142000

Paramedical services

R

85142100

Physiotherapy services

R

85142200

Homeopathic services

R

85142300

Hygiene services

R

85142400

Home delivery of incontinence products

R

85143000

Ambulance services

R

85144000

Residential health facilities services

R

85144100

Residential nursing care services

R

85145000

Services provided by medical laboratories

R

85146000

Services provided by blood banks

R

85146100

Services provided by sperm banks

R

85146200

Services provided by transplant organ banks

R

85147000

Company health services

R

85148000

Medical analysis services

R

85149000

Pharmacy services

R

85150000

Medical imaging services

R

85160000

Optician services

R

85170000

Acupuncture and chiropractor services

R

85171000

Acupuncture services

R

85172000

Chiropractor services

R

85200000

Veterinary services

R

85210000

Domestic animal nurseries

R

85300000

Social work and related services

R

85310000

Social work services

R

85311000

Social work services with accommodation

R

85311100

Welfare services for the elderly

R

85311200

Welfare services for disabled people

R

85311300

Welfare services for children and young people

R

85312000

Social work services without accommodation

R

85312100

Daycare services

R

85312110

Child daycare services

R

85312120

Daycare services for disabled children and young people

R

85312200

Home delivery of provisions

R

85312300

Guidance and counselling services

R

85312310

Guidance services

R

85312320

Counselling services

R

85312330

Family-planning services

R

85312400

Welfare services not delivered through residential institutions

R

85312500

Rehabilitation services

R

85312510

Vocational rehabilitation services

R

85320000

Social services

R

85321000

Administrative social services

R

85322000

Community action programme

R

85323000

Community health services

R

98133000

Services furnished by social membership organisations

R

98133100

Civic betterment and community facility support services

R

98200000

Equal opportunities consultancy services

98500000

Private households with employed persons

98513000

Manpower services for households

98513100

Agency staff services for households

98513200

Clerical staff services for households

98513300

Temporary staff for households

98513310

Home-help services

98514000

Domestic services

Administrative social, educational, healthcare and cultural services

75000000

Administration, defence and social security services

75121000

Administrative educational services

R

75122000

Administrative healthcare services

R

75124000

Administrative recreational, cultural and religious services

79950000

Exhibition, fair and congress organisation services

79951000

Seminar organisation services

79952000

Event services

79952100

Cultural event organisation services

79953000

Festival organisation services

79954000

Party organisation services

79955000

Fashion shows organisation services

79956000

Fair and exhibition organisation services

79995000

Library management services

79995100

Archiving services

79995200

Cataloguing services

80000000

Education and training services

80100000

Primary education services

80110000

Pre-school education services

R

80200000

Secondary education services

80210000

Technical and vocational secondary education services

80211000

Technical secondary education services

80212000

Vocational secondary education services

80300000

Higher education services

R

80310000

Youth education services

R

80320000

Medical education services

R

80330000

Safety education services

R

80340000

Special education services

R

80400000

Adult and other education services

80410000

Various school services

80411000

Driving-school services

80411100

Driving-test services

80411200

Driving lessons

80412000

Flying-school services

80413000

Sailing-school services

80414000

Diving-school services

80415000

Ski-training services

80420000

E-learning services

R

80430000

Adult-education services at university level

R

80490000

Operation of an educational centre

80500000

Training services

80510000

Specialist training services

80511000

Staff training services

R

80512000

Dog training services

80513000

Horse riding school services

80520000

Training facilities

R

80521000

Training programme services

R

80522000

Training seminars

R

80530000

Vocational training services

80531000

Industrial and technical training services

80531100

Industrial training services

80531200

Technical training services

80532000

Management training services

80533000

Computer-user familiarisation and training services

80533100

Computer training services

80533200

Computer courses

80540000

Environmental training services

80550000

Safety training services

80560000

Health and first-aid training services

80561000

Health training services

80562000

First-aid training services

80570000

Personal development training services

80580000

Provision of language courses

80590000

Tutorial services

R

80600000

Training services in defence and security materials

80610000

Training and simulation in security equipment

80620000

Training and simulation in firearms and ammunition

80630000

Training and simulation in military vehicles

80640000

Training and simulation in warships

80650000

Training and simulation in aircrafts, missiles and spacecrafts

80660000

Training and simulation in military electronic systems

92000000

Recreational, cultural and sporting services

92100000

Motion picture and video services

92110000

Motion picture and video tape production and related services

92111000

Motion picture and video production services

92111100

Training-film and video-tape production

92111200

Advertising, propaganda and information film and video-tape production

92111210

Advertising film production

92111220

Advertising video-tape production

92111230

Propaganda film production

92111240

Propaganda video-tape production

92111250

Information film production

92111260

Information video-tape production

92111300

Entertainment film and video-tape production

92111310

Entertainment film production

92111320

Entertainment video-tape production

92112000

Services in connection with motion-picture and video-tape production

92120000

Motion-picture or video-tape distribution services

92121000

Video-tape distribution services

92122000

Motion picture distribution services

92130000

Motion picture projection services

92140000

Video-tape projection services

92200000

Radio and television services

92210000

Radio services

92211000

Radio production services

92213000

Small scale radio systems services

92214000

Radio studio or equipment services

92215000

General Mobile Radio Services (GMRS)

92220000

Television services

92221000

Television production services

92222000

Closed circuit television services

92224000

Digital television

92225000

Interactive television

92225100

Film-on-demand television

92226000

Teleprogrammation

92230000

Radio and television cable services

92231000

International bilateral services and international private leased lines

92232000

Cable TV

92300000

Entertainment services

92310000

Artistic and literary creation and interpretation services

92311000

Works of art

92312000

Artistic services

92312100

Theatrical producers’, singer groups’, bands’ and orchestras’ entertainment services

92312110

Theatrical producer entertainment services

92312120

Singer group entertainment services

92312130

Band entertainment services

92312140

Orchestral entertainment services

92312200

Services provided by authors, composers, sculptors, entertainers and other individual artists

92312210

Services provided by authors

92312211

Writing agency services

92312212

Services related to the preparation of training manuals

92312213

Technical author services

92312220

Services provided by composers

92312230

Services provided by sculptors

92312240

Services provided by entertainers

92312250

Services provided by individual artists

92312251

Disk-jockey services

92320000

Arts-facility operation services

92330000

Recreational-area services

92331000

Fair and amusement park services

92331100

Fair services

92331200

Amusement park services

92331210

Children animation services

92332000

Beach services

92340000

Dance and performance entertainment services

92341000

Circus services

92342000

Dance-instruction services

92342100

Ballroom dance-instruction services

92342200

Discotheque dance-instruction services

92350000

Gambling and betting services

92351000

Gambling services

92351100

Lottery operating services

92351200

Casino operating services

92352000

Betting services

92352100

Totalisator operating services

92352200

Bookmaking services

92360000

Pyrotechnic services

92370000

Sound technician

92400000

News-agency services

92500000

Library, archives, museums and other cultural services

R

92510000

Library and archive services

R

92511000

Library services

R

92512000

Archive services

R

92512100

Archive destruction services

R

92520000

Museum services and preservation services of historical sites and buildings

R

92521000

Museum services

R

92521100

Museum-exhibition services

R

92521200

Preservation services of exhibits and specimens

R

92521210

Preservation services of exhibits

R

92521220

Preservation services of specimens

R

92522000

Preservation services of historical sites and buildings

R

92522100

Preservation services of historical sites

R

92522200

Preservation services of historical buildings

R

92530000

Botanical and zoological garden services and nature reserve services

R

92531000

Botanical garden services

R

92532000

Zoological garden services

R

92533000

Nature reserve services

R

92534000

Wildlife preservation services

R

92600000

Sporting services

R

92610000

Sports facilities operation services

R

92620000

Sport-related services

R

92621000

Sports-event promotion services

R

92622000

Sports-event organisation services

R

92700000

Cybercafé services

Compulsory social security services

75300000

Compulsory social security services

Benefit services

75310000

Benefit services

75311000

Sickness benefits

75312000

Maternity benefits

75313000

Disability benefits

75313100

Temporary disablement benefits

75314000

Unemployment compensation benefits

75320000

Government employee pension schemes

75330000

Family allowances

75340000

Child allowances

Other community, social and personal services including services furnished by trade unions, political organisations, youth associations and other membership organisations services

98000000

Other community, social and personal services

98120000

Services furnished by trade unions

98130000

Miscellaneous membership organisations services

98132000

Services furnished by political organisations

98133110

Services provided by youth associations

R

Religious services

98131000

Religious services

Hotel and restaurant services

55100000

Hotel services

55110000

Hotel accommodation services

55120000

Hotel meeting and conference services

55130000

Other hotel services

55200000

Camping sites and other non-hotel accommodation

55210000

Youth hostel services

55220000

Camping-site services

55221000

Caravan-site services

55240000

Holiday centre and holiday home services

55241000

Holiday centre services

55242000

Holiday home services

55243000

Children’s holiday-camp services

55250000

Letting services of short-stay furnished accommodation

55260000

Sleeping-car services

55270000

Services provided by bed and breakfast establishments

55300000

Restaurant and food-serving services

55310000

Restaurant waiter services

55311000

Restricted-clientele restaurant waiter services

55312000

Unrestricted-clientele restaurant waiter services

55320000

Meal-serving services

55321000

Meal-preparation services

55322000

Meal-cooking services

55330000

Cafeteria services

55400000

Beverage-serving services

55410000

Bar management services

55510000

Canteen services

55511000

Canteen and other restricted-clientele cafeteria services

55512000

Canteen management services

55520000

Catering services

55521000

Catering services for private households

55521100

Meals-on-wheels services

55521200

Meal delivery service

55522000

Catering services for transport enterprises

55523000

Catering services for other enterprises or other institutions

55523100

School-meal services

55524000

School catering services

Legal services, to the extent not included by paragraph 14 of Schedule 2 to the Procurement Act 2023

75231100

Law-courts-related administrative services

79100000

Legal services

79110000

Legal advisory and representation services

79111000

Legal advisory services

79112000

Legal representation services

79112100

Stakeholders representation services

79120000

Patent and copyright consultancy services

79121000

Copyright consultancy services

79121100

Software copyright consultancy services

79130000

Legal documentation and certification services

79131000

Documentation services

79132000

Certification services

79132100

Electronic signature certification services

79140000

Legal advisory and information services

Other administrative services and government services

75100000

Administration services

75110000

General public services

75111000

Executive and legislative services

75111100

Executive services

75111200

Legislative services

75112000

Administrative services for business operations

75112100

Administrative development project services

75120000

Administrative services of agencies

75123000

Administrative housing services

R

75125000

Administrative services related to tourism affairs

75130000

Supporting services for the government

75131000

Government services

Provision of services to the community

75200000

Provision of services to the community

75210000

Foreign affairs and other services

75211000

Foreign-affairs services

75211100

Diplomatic services

75211110

Consular services

75211200

Foreign economic-aid-related services

75211300

Foreign military-aid-related services

75220000

Defence services

75221000

Military defence services

75222000

Civil defence services

75230000

Justice services

75231000

Judicial services

Prison related services, public security and rescue services to the extent not excluded by paragraph 20 of Schedule 2 to the Procurement Act 2023

75231210

Imprisonment services

75231220

Prisoner-escort services

75231230

Prison services

75240000

Public security, law and order services

75241000

Public security services

75241100

Police services

75242000

Public law and order services

75242100

Public-order services

75242110

Bailiff services

75250000

Fire-brigade and rescue services

75251000

Fire-brigade services

75251100

Firefighting services

75251110

Fire-prevention services

75251120

Forest-firefighting services

75252000

Rescue services

79430000

Crisis management services

98113100

Nuclear safety services

Investigation and security services

79700000

Investigation and security services

79710000

Security services

79711000

Alarm-monitoring services

79713000

Guard services

79714000

Surveillance services

79714100

Tracing system services

79714110

Absconder-tracing services

79715000

Patrol services

79716000

Identification badge release services

79720000

Investigation services

79721000

Detective agency services

79722000

Graphology services

79723000

Waste analysis services

International services

98900000

Services provided by extra-territorial organisations and bodies

98910000

Services specific to international organisations and bodies

Postal services

64000000

Postal and telecommunications services

64100000

Post and courier services

64110000

Postal services

64111000

Postal services related to newspapers and periodicals

64112000

Postal services related to letters

64113000

Postal services related to parcels

64114000

Post office counter services

64115000

Mailbox rental

64116000

Post-restante services

64122000

Internal office mail and messenger services

Miscellaneous services

50116510

Tyre-remoulding services

71550000

Blacksmith services

Table 2Additional light touch services for certain defence and security contracts

Service

Hotel and restaurant services

98340000

Accommodation and office services

98341000

Accommodation services

98341100

Accommodation management services

Support and auxiliary transport services

63000000

Supporting and auxiliary transport services; travel agencies services

63100000

Cargo handling and storage services

63110000

Cargo handling services

63111000

Container handling services

63112000

Baggage handling services

63112100

Passenger baggage handling services

63112110

Baggage collection services

63120000

Storage and warehousing services

63121000

Storage and retrieval services

63121100

Storage services

63121110

Gas storage services

63122000

Warehousing services

63500000

Travel agency, tour operator and tourist assistance services

63510000

Travel agency and similar services

63511000

Organisation of package tours

63512000

Sale of travel tickets and package tours services

63513000

Tourist information services

63514000

Tourist guide services

63515000

Travel services

63516000

Travel management services

63520000

Transport agency services

63521000

Freight transport agency services

63522000

Ship brokerage services

63523000

Port and forwarding agency services

63524000

Transport document preparation services

63700000

Support services for land, water and air transport

63710000

Support services for land transport

63711000

Support services for railway transport

63711100

Train monitoring services

63712000

Support services for road transport

63712100

Bus station services

63712200

Highway operation services

63712210

Highway toll services

63712300

Bridge and tunnel operation services

63712310

Bridge operating services

63712311

Bridge toll services

63712320

Tunnel operation services

63712321

Tunnel toll services

63712400

Parking services

63712500

Weighbridge services

63712600

Vehicle refuelling services

63720000

Support services for water transport

63721000

Port and waterway operation services and associated services

63721100

Bunkering services

63721200

Port operation services

63721300

Waterway operation services

63721400

Ship refuelling services

63721500

Passenger terminal operation services

63722000

Ship-piloting services

63723000

Berthing services

63724000

Navigation services

63724100

Offshore positioning services

63724110

Lightship positioning services

63724200

Lightship services

63724300

Buoy positioning services

63724310

Buoy marking services

63724400

Lighthouse services

63725000

Salvage and refloating services

63725100

Vessel-salvaging services

63725200

Standby vessel services

63725300

Vessel refloating services

63726000

Miscellaneous water transport support services

63726100

Vessel registration services

63726200

Ice-breaking services

63726300

Vessel storage services

63726400

Ship chartering services

63726500

Vessel laying-up services

63726600

Ship-operating services

63726610

Ship-launching services

63726620

ROV services

63726700

Fishing-vessel services

63726800

Research vessel services

63726900

Anchor handling services

63727000

Towing and pushing services of ships

63727100

Towing services

63727200

Pushing services

63730000

Support services for air transport

63731000

Airport operation services

63731100

Airport slot coordination services

63732000

Air-traffic control services

63733000

Aircraft refuelling services

63734000

Hangar services

98361000

Aquatic marine services

Personal placement and supply services but not employment contracts

79600000

Recruitment services

79610000

Placement services of personnel

79612000

Placement services of office-support personnel

79613000

Employee relocation services

79620000

Supply services of personnel including temporary staff

79621000

Supply services of office personnel

79623000

Supply services of commercial or industrial workers

79630000

Personnel services except placement and supply services

79631000

Personnel and payroll services

79634000

Career guidance services

79635000

Assessment centre services for recruitment

98510000

Services of commercial and industrial workers

98511000

Services of commercial workers

98512000

Services of industrial workers

Schedule 2Central government authorities

Regulation 44

Central government authorities

Lead authority

Related authority

(1)

(2)

Agri-Food and Biosciences Institute

Armagh Observatory

Armagh Planetarium

Arts Council of Northern Ireland

Attorney General’s Office

Government Legal Department

Belfast Health and Social Care Trust

Belfast Metropolitan College

Cabinet Office

Office of the Parliamentary Counsel

Boundary Commission for England

Crown Commercial Service

Charity Commission

The Charity Commission for Northern Ireland

Chief Inspector of Criminal Justice

Comhairle na Gaelscolaiochta

Commissioner for Children and Young People for Northern Ireland

Commissioner for Older People for Northern Ireland

Commissioner for Public Appointments for Northern Ireland

Commissioner for Victims and Survivors

Community Relations Council

Construction Industry Training Board – Construction Skills NI

Corporate Officer of the House of Commons

Corporate Officer of the House of Lords

Council for Catholic Maintained Schools

Council for the Curriculum, Examinations and Assessment

Crown Estate – Vote Expenditure Only

Crown Prosecution Service

Department for Business, Energy and Industrial Strategy

Competition Appeal Tribunal

Competition and Markets Authority

Competition Service

Intellectual Property Office

Nuclear Decommissioning Authority

Meteorological Office (known as “Met Office”)

Office of Manpower Economics

Oil and Gas Authority

UK Research and Innovation

Department for Digital, Culture, Media and Sport

Arts Council England

British Library

British Museum

The Gambling Commission

Historic Buildings and Monuments

Commission for England (known as “Historic England”)

Imperial War Museum

National Gallery

National Maritime Museum

National Portrait Gallery

Natural History Museum

Board of Trustees of the Science Museum (known as “Science Museum Group”)

Tate Gallery

Victoria and Albert Museum

Wallace Collection

Department for Education

Office for Students

Department for Environment, Food and Rural Affairs

Natural England

Plant Variety Rights Office

Royal Botanic Gardens, Kew

Department for International Trade

Department for Transport

Maritime and Coastguard Agency

Highways England Company Ltd (known as “Highways England”)

Department for Work and Pensions

Office of Nuclear Regulation

Social Security Advisory Committee

Pensions Regulator

Department of Health and Social Care

NHS Business Services Authority

NHS Commissioning Board (known as “NHS England”)

NHS Trusts

NHS Foundation Trusts

Education and Library Boards

Education Authority

Equality Commission for Northern Ireland

Exceptional Circumstances Body

Export Credits Guarantee Department (known as “UK Export Finance”)

Foreign, Commonwealth and Development Office

Wilton Park

General Teaching Council for Northern Ireland

Government Actuary’s Department

Health and Safety Executive for Northern Ireland

Health and Social Care Regulation and Quality Improvement Authority

Home Office

HM Inspectorate of Constabulary and Fire & Rescue Services

ILEX Urban Regeneration Company Limited

Invest Northern Ireland

Labour Relations Agency

Lay Observer for Northern Ireland

Livestock and Meat Commission for Northern Ireland

Local Government Staff Commission

Maze Long Kesh Development Corporation

Middletown Centre for Autism

Ministry of Defence

Defence Equipment & Support

Ministry of Housing, Communities and Local Government

Ministry of Justice

Court of Appeal (England and Wales)

Employment Appeals Tribunal

Employment Tribunals

First-tier Tribunal

Her Majesty’s Courts and Tribunals Service

Law Commission

Legal Aid Agency – England and Wales

Office of the Official Solicitor to the Senior Courts and the Public Trustee

Office of the Public Guardian

Parole Board

UK Supreme Court

Upper Tribunal

The National Archives

National Audit Office

National Museums Northern Ireland

National Savings and Investments

North West Regional College

Northern Health and Social Care Trust

Northern Ireland Ambulance Service Trust

Northern Ireland Assembly Commission

Northern Ireland Blood Transfusion Service

Northern Ireland Building Regulations Advisory Committee

Northern Ireland Council for Integrated Education

Northern Ireland Environment Agency

Northern Ireland Fire and Rescue Service

Northern Ireland Fishery Harbour Authority

Northern Ireland Guardian Ad Litem Agency

Northern Ireland Housing Executive

Northern Ireland Judicial Appointments Commission

Northern Ireland Law Commission

Northern Ireland Legal Services Commission

Northern Ireland Library Authority

Northern Ireland Local Government Officers’ Superannuation Committee

Northern Ireland Medical and Dental Training Agency

Northern Ireland Ministers

Agricultural Wages Board for Northern Ireland

Attorney General for Northern Ireland

Department of Agriculture, Environment and Rural Affairs

Department for Communities

Department for the Economy

Consumer Council Northern Ireland (with respect only to the functions transferred from the National Consumer Council which were themselves transferred from the Gas and Electricity Consumer Council)

Department of Education

Department of Finance

Department of Health

Department for Infrastructure

Department of Justice

Coroners Service

County Courts

Court of Appeal and High Court of Justice in Northern Ireland

Crown Court

Enforcement of Judgements Office

Forensic Science Northern Ireland

Legal Service Agency Northern Ireland

Magistrates’ Courts

Pensions Appeals Tribunals (Northern Ireland)

Police Service of Northern Ireland

Probation Board for Northern Ireland

Office of the Social Security Commissioners and Child Support Commissioners (Northern Ireland)

State Pathologist’s Department

Executive Office

Northern Ireland Museums Council

Northern Ireland Office

Office of the Chief Electoral Officer for Northern Ireland

Public Prosecution Service for Northern Ireland

Northern Ireland Policing Board

Northern Ireland Policing Fund

Northern Ireland Practice and Education Council for Nursing and Midwifery

Northern Ireland Prisoner Ombudsman

Northern Ireland Screen

Northern Ireland Social Care Council

Northern Ireland Tourist Board

Northern Ireland, Department for Social Development

Northern Regional College

Office for National Statistics

National Health Service Central Register

Parliamentary and Health Service Ombudsman

Patient and Client Council

Planning and Water Appeals Commission

Police Ombudsman Northern Ireland

Police Retraining and Rehabilitation Trust

Privy Council Office

Public Service Commission for Northern Ireland

Regional Agency for Public Health and Social Well Being

Regional Business Services Organisation

Restoration and Renewal Delivery Authority Ltd

HM Revenue and Customs

Revenue Scotland

Royal Hospital, Chelsea

Royal Mint

RUC George Cross Foundation

Rural Payments Agency

The Scotland Office

Scotland, Auditor-General

Scotland, Crown Office and Procurator Fiscal Service

Scotland, National Records of Scotland

Scotland, Queen’s and Lord Treasurer’s Remembrancer

Scotland, Registers of Scotland

The Scottish Ministers

Architecture and Design Scotland

Crofting Commission

Lands Tribunal for Scotland

National Galleries of Scotland

National Library of Scotland

National Museums of Scotland

Royal Botanic Garden, Edinburgh

Scottish Courts and Tribunals Service

Scottish Further and Higher Education Funding Council

Scottish Law Commission

Special Health Boards

Health Boards

The Office of the Accountant of Court

High Court of Justiciary

Court of Session

HM Inspectorate of Constabulary

Parole Board for Scotland

Pensions Appeal Tribunals (Scotland)

Scottish Land Court

Sheriff Courts

Scottish Natural Heritage

Scottish Police Authority

First-tier Tribunal for Scotland

Upper Tribunal for Scotland

Historic Environment Scotland

The Scottish Parliamentary Corporate Body

South Eastern Health and Social Care Trust

South Eastern Regional College

South West College

Southern Health and Social Care Trust

Southern Regional College

Sport NI

Staff Commission for Education and Library Boards

Statistics Advisory Committee

Stranmillis University College

Strategic Investment Board

HM Treasury

United Kingdom Debt Management Office

Ulster Supported Employment Limited

Victims and Survivors Service Ltd

The Wales Office – Office of the Secretary of State for Wales

Western Health and Social Care Trust

Youth Council for Northern Ireland

Schedule 3Works activities

Regulation 45

CPV code

Activity

45000000

Construction work

45100000

Site preparation work

45110000

Building demolition and wrecking work and earthmoving work

45111000

Demolition, site preparation and clearance work

45111100

Demolition work

45111200

Site preparation and clearance work

45111210

Blasting and associated rock-removal work

45111211

Blasting work

45111212

Rock-removal work

45111213

Site-clearance work

45111214

Blast-clearing work

45111220

Scrub-removal work

45111230

Ground-stabilisation work

45111240

Ground-drainage work

45111250

Ground investigation work

45111260

Site-preparation work for mining

45111290

Primary works for services

45111291

Site-development work

45111300

Dismantling works

45111310

Dismantling works for military installations

45111320

Dismantling works for security installations

45112000

Excavating and earth moving work

45112100

Trench-digging work

45112200

Soil-stripping work

45112210

Topsoil-stripping work

45112300

Infill and land-reclamation work

45112310

Infill work

45112320

Land-reclamation work

45112330

Site-reclamation work

45112340

Soil-decontamination work

45112350

Reclamation of wasteland

45112360

Land rehabilitation work

45112400

Excavating work

45112410

Grave-digging work

45112420

Basement excavation work

45112440

Terracing of hillsides

45112441

Terracing work

45112450

Excavation work at archaeological sites

45112500

Earthmoving work

45112600

Cut and fill

45112700

Landscaping work

45112710

Landscaping work for green areas

45112711

Landscaping work for parks

45112712

Landscaping work for gardens

45112713

Landscaping work for roof gardens

45112714

Landscaping work for cemeteries

45112720

Landscaping work for sports grounds and recreational areas

45112721

Landscaping work for golf courses

45112722

Landscaping work for riding areas

45112723

Landscaping work for playgrounds

45112730

Landscaping work for roads and motorways

45112740

Landscaping work for airports

45113000

Siteworks

45120000

Test drilling and boring work

45121000

Test drilling work

45122000

Test boring work

45200000

“Works for complete or part construction and civil engineering work”

45210000

Building construction work

45211000

Construction work for multi-dwelling buildings and individual houses

45211100

Construction work for houses

45211200

Sheltered housing construction work

45211300

Houses construction work

45211310

Bathrooms construction work

45211320

Porches construction work

45211340

Multi-dwelling buildings construction work

45211341

Flats construction work

45211350

Multi-functional buildings construction work

45211360

Urban development construction work

45211370

Construction works for saunas

45212000

Construction work for buildings relating to leisure, sports, culture, lodging and restaurants

45212100

Construction work of leisure facilities

45212110

Leisure centre construction work

45212120

Theme park construction work

45212130

Amusement park construction work

45212140

Recreation installation

45212150

Cinema construction work

45212160

Casino construction work

45212170

Entertainment building construction work

45212171

Entertainment centre construction work

45212172

Recreation centre construction work

45212180

Ticket offices construction work

45212190

Sun-protection works

45212200

Construction work for sports facilities

45212210

Single-purpose sports facilities construction work

45212211

Ice rink construction work

45212212

Construction work for swimming pool

45212213

Sport markings works

45212220

Multi-purpose sports facilities construction work

45212221

Construction work in connection with structures for sports ground

45212222

Gymnasium construction work

45212223

Winter-sports facilities construction work

45212224

Stadium construction work

45212225

Sports hall construction work

45212230

Installation of changing rooms

45212290

Repair and maintenance work in connection with sports facilities

45212300

Construction work for art and cultural buildings

45212310

Construction work for buildings relating to exhibitions

45212311

Art gallery construction work

45212312

Exhibition centre construction work

45212313

Museum construction work

45212314

Historical monument or memorial construction work

45212320

Construction work for buildings relating to artistic performances

45212321

Auditorium construction work

45212322

Theatre construction work

45212330

Library construction work

45212331

Multimedia library construction work

45212340

Lecture hall construction work

45212350

Buildings of particular historical or architectural interest

45212351

Prehistoric monument construction work

45212352

Industrial monument construction work

45212353

Palace construction work

45212354

Castle construction work

45212360

Religious buildings construction work

45212361

Church construction work

45212400

Accommodation and restaurant buildings

45212410

Construction work for lodging buildings

45212411

Hotel construction work

45212412

Hostel construction work

45212413

Short-stay accommodation construction work

45212420

Construction work for restaurants and similar facilities

45212421

Restaurant construction work

45212422

Canteen construction work

45212423

Cafeteria construction work

45212500

Kitchen or restaurant conversion

45212600

Pavilion construction work

45213000

Construction work for commercial buildings, warehouses and industrial buildings, buildings relating to transport

45213100

Construction work for commercial buildings

45213110

Shop buildings construction work

45213111

Shopping centre construction work

45213112

Shop units construction work

45213120

Post office construction work

45213130

Bank construction work

45213140

Market construction work

45213141

Covered market construction work

45213142

Open-air market construction work

45213150

Office block construction work

45213200

Construction work for warehouses and industrial buildings

45213210

Cold-storage installations

45213220

Construction work for warehouses

45213221

Warehouse stores construction work

45213230

Abattoir construction work

45213240

Agricultural buildings construction work

45213241

Barn construction work

45213242

Cowsheds construction work

45213250

Construction work for industrial buildings

45213251

Industrial units construction work

45213252

Workshops construction work

45213260

Stores depot construction work

45213270

Construction works for recycling station

45213280

Construction works for compost facility

45213300

Buildings associated with transport

45213310

Construction work for buildings relating to road transport

45213311

Bus station construction work

45213312

Car park building construction work

45213313

Service-area building construction work

45213314

Bus garage construction work

45213315

Bus-stop shelter construction work

45213316

Installation works of walkways

45213320

Construction work for buildings relating to railway transport

45213321

Railway station construction work

45213322

Rail terminal building construction work

45213330

Construction work for buildings relating to air transport

45213331

Airport buildings construction work

45213332

Airport control tower construction work

45213333

Installation works of airport check-in counters

45213340

Construction work for buildings relating to water transport

45213341

Ferry terminal building construction work

45213342

Ro-ro terminal construction work

45213350

Construction work for buildings relating to various means of transport

45213351

Maintenance hangar construction work

45213352

Service depot construction work

45213353

Installation works of passenger boarding bridges

45213400

Installation of staffrooms

45214000

Construction work for buildings relating to education and research

45214100

Construction work for kindergarten buildings

45214200

Construction work for school buildings

45214210

Primary school construction work

45214220

Secondary school construction work

45214230

Special school construction work

45214300

Construction work for college buildings

45214310

Vocational college construction work

45214320

Technical college construction work

45214400

Construction work for university buildings

45214410

Polytechnic construction work

45214420

Lecture theatre construction work

45214430

Language laboratory construction work

45214500

Construction work for buildings of further education

45214600

Construction work for research buildings

45214610

Laboratory building construction work

45214620

Research and testing facilities construction work

45214630

Scientific installations

45214631

Installation works of cleanrooms

45214640

Meteorological stations construction work

45214700

Construction work for halls of residence

45214710

Entrance hall construction work

45214800

Training facilities building

45215000

Construction work for buildings relating to health and social services, for crematoriums and public conveniences

45215100

Construction work for buildings relating to health

45215110

Spa construction work

45215120

Special medical building construction work

45215130

Clinic construction work

45215140

Hospital facilities construction work

45215141

Operating theatre construction work

45215142

Intensive-care unit construction work

45215143

Diagnostic screening room construction work

45215144

Screening rooms construction work

45215145

Fluoroscopy room construction work

45215146

Pathology room construction work

45215147

Forensic room construction work

45215148

Catheter room construction work

45215200

Construction work for social services buildings

45215210

Construction work for subsidised residential accommodation

45215212

Retirement home construction work

45215213

Nursing home construction work

45215214

Residential homes construction work

45215215

Children's home construction work

45215220

Construction work for social facilities other than subsidised residential accommodation

45215221

Daycare centre construction work

45215222

Civic centre construction work

45215300

Construction work for crematoriums

45215400

Cemetery works

45215500

Public conveniences

45216000

Construction work for buildings relating to law and order or emergency services and for military buildings

45216100

Construction work for buildings relating to law and order or emergency services

45216110

Construction work for buildings relating to law and order

45216111

Police station construction work

45216112

Court building construction work

45216113

Prison building construction work

45216114

Parliament and public assembly buildings

45216120

Construction work for buildings relating to emergency services

45216121

Fire station construction work

45216122

Ambulance station construction work

45216123

Mountain-rescue building construction work

45216124

Lifeboat station construction work

45216125

Emergency-services building construction work

45216126

Coastguard building construction work

45216127

Rescue-service station construction work

45216128

Lighthouse construction work

45216129

Protective shelters

45216200

Construction work for military buildings and installations

45216220

Military bunker construction work

45216230

Military shelter construction work

45216250

Trench defences construction work

45217000

Inflatable buildings construction work

45220000

Engineering works and construction works

45221000

Construction work for bridges and tunnels, shafts and subways

45221100

Construction work for bridges

45221110

Bridge construction work

45221111

Road bridge construction work

45221112

Railway bridge construction work

45221113

Footbridge construction work

45221114

Construction work for iron bridges

45221115

Construction work for steel bridges

45221117

Weighbridge construction work

45221118

Pipeline-carrying bridge construction work

45221119

Bridge renewal construction work

45221120

Viaduct construction work

45221121

Road viaduct construction work

45221122

Railway viaduct construction work

45221200

Construction work for tunnels, shafts and subways

45221210

Covered or partially-covered excavations

45221211

Underpass

45221213

Covered or partially-covered railway excavations

45221214

Covered or partially-covered road excavations

45221220

Culverts

45221230

Shafts

45221240

Construction work for tunnels

45221241

Road tunnel construction work

45221242

Railway tunnel construction work

45221243

Pedestrian tunnel construction work

45221244

Canal tunnel construction work

45221245

Under-river tunnel construction work

45221246

Undersea tunnel construction work

45221247

Tunnelling works

45221248

Tunnel linings construction work

45221250

Underground work other than tunnels, shafts and subways

45222000

Construction work for engineering works except bridges, tunnels, shafts and subways

45222100

Waste-treatment plant construction work

45222110

Waste disposal site construction work

45222200

Engineering work for military installations

45222300

Engineering work for security installations

45223000

Structures construction work

45223100

Assembly of metal structures

45223110

Installation of metal structures

45223200

Structural works

45223210

Structural steelworks

45223220

Structural shell work

45223300

Parking lot construction work

45223310

Underground car park construction work

45223320

Park-and-ride facility construction work

45223400

Radar station construction work

45223500

Reinforced-concrete structures

45223600

Dog kennels construction work

45223700

Service area construction work

45223710

Motorway service area construction work

45223720

Petrol/gas stations construction work

45223800

Assembly and erection of prefabricated structures

45223810

Prefabricated constructions

45223820

Prefabricated units and components

45223821

Prefabricated units

45223822

Prefabricated components

45230000

Construction work for pipelines, communication and power lines, for highways, roads, airfields and railways; flatwork

45231000

Construction work for pipelines, communication and power lines

45231100

General construction work for pipelines

45231110

Pipelaying construction work

45231111

Pipeline lifting and relaying

45231112

Installation of pipe system

45231113

Pipeline relaying works

45231200

Construction work for oil and gas pipelines

45231210

Construction work for oil pipelines

45231220

Construction work for gas pipelines

45231221

Gas supply mains construction work

45231222

Gasholder works

45231223

Gas distribution ancillary work

45231300

Construction work for water and sewage pipelines

45231400

Construction work for electricity powerlines

45231500

Compressed-air pipeline work

45231510

Compressed-air pipeline work for mailing system

45231600

Construction work for communication lines

45232000

Ancillary works for pipelines and cables

45232100

Ancillary works for water pipelines

45232120

Irrigation works

45232121

Irrigation piping construction work

45232130

Storm-water piping construction work

45232140

District-heating mains construction work

45232141

Heating works

45232142

Heat-transfer station construction work

45232150

Works related to water-distribution pipelines

45232151

Water-main refurbishment construction work

45232152

Pumping station construction work

45232153

Construction work for water towers

45232154

Construction work of elevated tanks for drinking water

45232200

Ancillary works for electricity powerlines

45232210

Overhead line construction

45232220

Substation construction work

45232221

Transformer substation

45232300

Construction and ancillary works for telephone and communication lines

45232310

Construction work for telephone lines

45232311

Roadside emergency telephone lines

45232320

Cable broadcasting lines

45232330

Erection of aerials

45232331

Ancillary works for broadcasting

45232332

Ancillary works for telecommunications

45232340

Mobile-telephone base-stations construction work

45232400

Sewer construction work

45232410

Sewerage work

45232411

Foul-water piping construction work

45232420

Sewage work

45232421

Sewage treatment works

45232422

Sludge-treatment works

45232423

Sewage pumping stations construction work

45232424

Sewage outfall construction work

45232430

Water-treatment work

45232431

Wastewater pumping station

45232440

Construction work for sewage pipes

45232450

Drainage construction works

45232451

Drainage and surface works

45232452

Drainage works

45232453

Drains construction work

45232454

Rain-water basin construction work

45232460

Sanitary works

45232470

Waste transfer station

45233000

Construction, foundation and surface works for highways, roads

45233100

Construction work for highways, roads

45233110

Motorway construction works

45233120

Road construction works

45233121

Main road construction works

45233122

Ring road construction work

45233123

Secondary road construction work

45233124

Trunk road construction work

45233125

Road junction construction work

45233126

Grade-separated junction construction work

45233127

T-junction construction work

45233128

Roundabout construction work

45233129

Crossroad construction work

45233130

Construction work for highways

45233131

Construction work for elevated highways

45233139

Highway maintenance work

45233140

Roadworks

45233141

Road-maintenance works

45233142

Road-repair works

45233144

Overpass construction work

45233150

Traffic-calming works

45233160

Paths and other metalled surfaces

45233161

Footpath construction work

45233162

Cycle path construction work

45233200

Various surface works

45233210

Surface work for highways

45233220

Surface work for roads

45233221

Road-surface painting work

45233222

Paving and asphalting works

45233223

Carriageway resurfacing works

45233224

Dual carriageway construction work

45233225

Single carriageway construction work

45233226

Access road construction work

45233227

Slip road construction work

45233228

Surface coating construction work

45233229

Verge maintenance work

45233250

Surfacing work except for roads

45233251

Resurfacing works

45233252

Surface work for streets

45233253

Surface work for footpaths

45233260

Pedestrian ways construction work

45233261

Pedestrian overpass construction work

45233262

Pedestrian zone construction work

45233270

Parking-lot-surface painting work

45233280

Erection of road-barriers

45233290

Installation of road signs

45233291

Installation of bollards

45233292

Installation of safety equipment

45233293

Installation of street furniture

45233294

Installation of road signals

45233300

Foundation work for highways, roads, streets and footpaths

45233310

Foundation work for highways

45233320

Foundation work for roads

45233330

Foundation work for streets

45233340

Foundation work for footpaths

45234000

Construction work for railways and cable transport systems

45234100

Railway construction works

45234110

Intercity railway works

45234111

City railway construction work

45234112

Railway depot construction work

45234113

Demolition of tracks

45234114

Railway embankment construction work

45234115

Railway signalling works

45234116

Track construction works

45234120

Urban railway works

45234121

Tramway works

45234122

Underground railway works

45234123

Partially underground railway works

45234124

Underground passenger railway transport

45234125

Underground railway station

45234126

Tramline construction works

45234127

Tramway depot construction work

45234128

Tramway platforms construction work

45234129

Urban railway track construction works

45234130

Ballast construction works

45234140

Level crossing construction works

45234160

Catenary's construction works

45234170

Locomotive-substations construction works

45234180

Construction work for railways workshop

45234181

Construction work for rail track sectioning cabins

45234200

Cable-supported transport systems

45234210

Cable-supported transport systems with cabins

45234220

Construction work for ski lifts

45234230

Construction work for chair lifts

45234240

Funicular railway system

45234250

Teleferic construction work

45235000

Construction work for airfields, runways and manoeuvring surfaces

45235100

Construction work for airports

45235110

Construction work for air fields

45235111

Airfield pavement construction work

45235200

Runway construction works

45235210

Runway resurfacing

45235300

Construction work for aircraft-manoeuvring surfaces

45235310

Taxiway construction work

45235311

Taxiway pavement construction work

45235320

Construction work for aircraft aprons

45236000

Flatwork

45236100

Flatwork for miscellaneous sports installations

45236110

Flatwork for sports fields

45236111

Flatwork for golf course

45236112

Flatwork for tennis court

45236113

Flatwork for racecourse

45236114

Flatwork for running tracks

45236119

Repair work on sports fields

45236200

Flatwork for recreation installations

45236210

Flatwork for children's play area

45236220

Flatwork for zoo

45236230

Flatwork for gardens

45236250

Flatwork for parks

45236290

Repair work on recreational areas

45236300

Flatwork for cemeteries

45237000

Stage construction works

45240000

Construction work for water projects

45241000

Harbour construction works

45241100

Quay construction work

45241200

Offshore terminal in situ construction work

45241300

Pier construction work

45241400

Dock construction work

45241500

Wharf construction work

45241600

Installation of port lighting equipment

45242000

Waterside leisure facilities construction work

45242100

Water-sports facilities construction work

45242110

Launchway construction work

45242200

Marina construction work

45242210

Yacht harbour construction work

45243000

Coastal-defence works

45243100

Cliff-protection works

45243110

Cliff-stabilisation works

45243200

Breakwater construction work

45243300

Sea wall construction work

45243400

Beach-consolidation works

45243500

Sea defences construction work

45243510

Embankment works

45243600

Quay wall construction work

45244000

Marine construction works

45244100

Marine installations

45244200

Jetties

45245000

Dredging and pumping works for water treatment plant installations

45246000

River regulation and flood control works

45246100

River-wall construction

45246200

Riverbank protection works

45246400

Flood-prevention works

45246410

Flood-defences maintenance works

45246500

Promenade construction work

45246510

Boardwalk construction work

45247000

Construction work for dams, canals, irrigation channels and aqueducts

45247100

Construction work for waterways

45247110

Canal construction

45247111

Irrigation channel construction work

45247112

Drainage canal construction work

45247120

Waterways except canals

45247130

Aqueduct construction work

45247200

Construction work for dams and similar fixed structures

45247210

Dam construction work

45247211

Dam wall construction work

45247212

Dam-reinforcement works

45247220

Weir construction work

45247230

Dyke construction work

45247240

Static barrage construction work

45247270

Reservoir construction works

45248000

Construction work for hydro-mechanical structures

45248100

Canal locks construction work

45248200

Dry docks construction work

45248300

Construction work for floating docks

45248400

Landing stages construction work

45248500

Movable barrages construction work

45250000

Construction works for plants, mining and manufacturing and for buildings relating to the oil and gas industry

45251000

Construction works for power plants and heating plants

45251100

Construction work for power plant

45251110

Nuclear-power station construction work

45251111

Construction work for nuclear reactors

45251120

Hydro-electric plant construction work

45251140

Thermal power plant construction work

45251141

Geothermal power station construction work

45251142

Wood-fired power station construction work

45251143

Compressed-air generating plant construction work

45251150

Construction work for cooling towers

45251160

Wind-power installation works

45251200

Heating plant construction work

45251220

Cogeneration plant construction work

45251230

Steam-generation plant construction work

45251240

Landfill-gas electricity generating plant construction work

45251250

District-heating plant construction work

45252000

Construction works for sewage treatment plants, purification plants and refuse incineration plants

45252100

Sewage-treatment plant construction work

45252110

Mobile plant construction work

45252120

Water-treatment plant construction work

45252121

Sedimentation installations

45252122

Sewage digesters

45252123

Screening installations

45252124

Dredging and pumping works

45252125

Rock-dumping work

45252126

Drinking-water treatment plant construction work

45252127

Wastewater treatment plant construction work

45252130

Sewage plant equipment

45252140

Sludge-dewatering plant construction work

45252150

Coal-handling plant construction work

45252200

Purification plant equipment

45252210

Water purification plant construction work

45252300

Refuse-incineration plant construction work

45253000

Construction work for chemical-processing plant

45253100

Demineralisation plant construction work

45253200

Desulphurisation plant construction work

45253300

Distilling or rectifying plant construction work

45253310

Water-distillation plants construction work

45253320

Alcohol-distillation plants construction work

45253400

Construction work for petrochemical plant

45253500

Construction work for pharmaceutical plant

45253600

Deionisation plant construction work

45253700

Digestion plant construction work

45253800

Composting plant construction work

45254000

Construction work for mining and manufacturing

45254100

Construction work for mining

45254110

Pithead construction work

45254200

Construction work for manufacturing plant

45255000

Construction work for the oil and gas industry

45255100

Construction work for production platforms

45255110

Wells construction work

45255120

Platforms facilities construction work

45255121

Topside facilities construction work

45255200

Oil refinery construction work

45255210

Oil terminal construction work

45255300

Gas terminal construction work

45255400

Fabrication work

45255410

Offshore fabrication work

45255420

Onshore fabrication work

45255430

Demolition of oil platforms

45255500

Drilling and exploration work

45255600

Coiled-tubing well work

45255700

Coal-gasification plant construction work

45255800

Gas-production plant construction work

45259000

Repair and maintenance of plant

45259100

Wastewater-plant repair and maintenance work

45259200

Purification-plant repair and maintenance work

45259300

Heating-plant repair and maintenance work

45259900

Plant upgrade work

45260000

Roof works and other special trade construction works

45261000

Erection and related works of roof frames and coverings

45261100

Roof-framing work

45261200

Roof-covering and roof-painting work

45261210

Roof-covering work

45261211

Roof-tiling work

45261212

Roof-slating work

45261213

Metal roof-covering work

45261214

Bituminous roof-covering work

45261215

Solar panel roof-covering work

45261220

Roof-painting and other coating work

45261221

Roof-painting work

45261222

Cement roof-coating work

45261300

Flashing and guttering work

45261310

Flashing work

45261320

Guttering work

45261400

Sheeting work

45261410

Roof insulation work

45261420

Waterproofing work

45261900

Roof repair and maintenance work

45261910

Roof repair

45261920

Roof maintenance work

45262000

Special trade construction works other than roof works

45262100

Scaffolding work

45262110

Scaffolding dismantling work

45262120

Scaffolding erection work

45262200

Foundation work and water-well drilling

45262210

Foundation work

45262211

Pile driving

45262212

Trench sheeting work

45262213

Diaphragm wall technique

45262220

Water-well drilling

45262300

Concrete work

45262310

Reinforced-concrete work

45262311

Concrete carcassing work

45262320

Screed works

45262321

Floor-screed works

45262330

Concrete repair work

45262340

Grouting work

45262350

Unreinforced-concrete work

45262360

Cementing work

45262370

Concrete-coating work

45262400

Structural steel erection work

45262410

Structural steel erection work for buildings

45262420

Structural steel erection work for structures

45262421

Offshore mooring work

45262422

Subsea drilling work

45262423

Deck-fabrication work

45262424

Offshore-module fabrication work

45262425

Jacket-fabrication work

45262426

Pile-fabrication work

45262500

Masonry and bricklaying work

45262510

Stonework

45262511

Stone carving

45262512

Dressed stonework

45262520

Bricklaying work

45262521

Facing brickwork

45262522

Masonry work

45262600

Miscellaneous special-trade construction work

45262610

Industrial chimneys

45262620

Supporting walls

45262630

Construction of furnaces

45262640

Environmental improvement works

45262650

Cladding works

45262660

Asbestos-removal work

45262670

Metalworking

45262680

Welding

45262690

Refurbishment of run-down buildings

45262700

Building alteration work

45262710

Fresco maintenance work

45262800

Building extension work

45262900

Balcony work

45300000

Building installation work

45310000

Electrical installation work

45311000

Electrical wiring and fitting work

45311100

Electrical wiring work

45311200

Electrical fitting work

45312000

Alarm system and antenna installation work

45312100

Fire-alarm system installation work

45312200

Burglar-alarm system installation work

45312300

Antenna installation work

45312310

Lightning-protection works

45312311

Lightning-conductor installation work

45312320

Television aerial installation work

45312330

Radio aerial installation work

45313000

Lift and escalator installation work

45313100

Lift installation work

45313200

Escalator installation work

45313210

Travelator installation work

45314000

Installation of telecommunications equipment

45314100

Installation of telephone exchanges

45314120

Installation of switchboards

45314200

Installation of telephone lines

45314300

Installation of cable infrastructure

45314310

Installation of cable laying

45314320

Installation of computer cabling

45315000

Electrical installation work of heating and other electrical building-equipment

45315100

Electrical engineering installation works

45315200

Turbine works

45315300

Electricity supply installations

45315400

High voltage installation work

45315500

Medium-voltage installation work

45315600

Low-voltage installation work

45315700

Switching station installation work

45316000

Installation work of illumination and signalling systems

45316100

Installation of outdoor illumination equipment

45316110

Installation of road lighting equipment

45316200

Installation of signalling equipment

45316210

Installation of traffic monitoring equipment

45316211

Installation of illuminated road signs

45316212

Installation of traffic lights

45316213

Installation of traffic guidance equipment

45316220

Installation of airport signalling equipment

45316230

Installation of port signalling equipment

45317000

Other electrical installation work

45317100

Electrical installation work of pumping equipment

45317200

Electrical installation work of transformers

45317300

Electrical installation work of electrical distribution apparatus

45317400

Electrical installation work of filtration equipment

45320000

Insulation work

45321000

Thermal insulation work

45323000

Sound insulation work

45324000

Plasterboard works

45330000

Plumbing and sanitary works

45331000

Heating, ventilation and air-conditioning installation work

45331100

Central-heating installation work

45331110

Boiler installation work

45331200

Ventilation and air-conditioning installation work

45331210

Ventilation installation work

45331211

Outdoor ventilation installation work

45331220

Air-conditioning installation work

45331221

Partial air-conditioning installation work

45331230

Installation work of cooling equipment

45331231

Installation work of refrigeration equipment

45332000

Plumbing and drain-laying work

45332200

Water plumbing work

45332300

Drain-laying work

45332400

Sanitary fixture installation work

45333000

Gas-fitting installation work

45333100

Gas regulation equipment installation work

45333200

Gas meter installation work

45340000

Fencing, railing and safety equipment installation work

45341000

Erection of railings

45342000

Erection of fencing

45343000

Fire-prevention installation works

45343100

Fireproofing work

45343200

Firefighting equipment installation work

45343210

CO2 fire-extinguishing equipment installation work

45343220

Fire-extinguishers installation work

45343230

Sprinkler systems installation work

45350000

Mechanical installations

45351000

Mechanical engineering installation works

45400000

Building completion work

45410000

Plastering work

45420000

Joinery and carpentry installation work

45421000

Joinery work

45421100

Installation of doors and windows and related components

45421110

Installation of door and window frames

45421111

Installation of door frames

45421112

Installation of window frames

45421120

Installation of thresholds

45421130

Installation of doors and windows

45421131

Installation of doors

45421132

Installation of windows

45421140

Installation of metal joinery except doors and windows

45421141

Installation of partitioning

45421142

Installation of shutters

45421143

Installation work of blinds

45421144

Installation work of awnings

45421145

Installation work of roller blinds

45421146

Installation of suspended ceilings

45421147

Installation of grilles

45421148

Installation of gates

45421150

Non-metal joinery installation work

45421151

Installation of fitted kitchens

45421152

Installation of partition walls

45421153

Installation of built-in furniture

45421160

Ironmongery work

45422000

Carpentry installation work

45422100

Woodwork

45430000

Floor and wall covering work

45431000

Tiling work

45431100

Floor-tiling work

45431200

Wall-tiling work

45432000

Floor-laying and covering, wall-covering and wall-papering work

45432100

Floor laying and covering work

45432110

Floor-laying work

45432111

Laying work of flexible floor coverings

45432112

Laying of paving

45432113

Parquet flooring

45432114

Wood flooring work

45432120

False floor installation work

45432121

Computer floors

45432130

Floor-covering work

45432200

Wall-covering and wall-papering work

45432210

Wall-covering work

45432220

Wall-papering work

45440000

Painting and glazing work

45441000

Glazing work

45442000

Application work of protective coatings

45442100

Painting work

45442110

Painting work of buildings

45442120

Painting and protective-coating work of structures

45442121

Painting work of structures

45442180

Repainting work

45442190

Paint-stripping work

45442200

Application work of anti-corrosive coatings

45442210

Galvanizing works

45442300

Surface-protection work

45443000

Façade work

45450000

Other building completion work

45451000

Decoration work

45451100

Ornamentation fitting work

45451200

Panelling work

45451300

Interior gardens

45452000

Exterior cleaning work for buildings

45452100

Blast cleaning work for building exteriors

45453000

Overhaul and refurbishment work

45453100

Refurbishment work

45454000

Restructuring work

45454100

Restoration work

45500000

Hire of construction and civil engineering machinery and equipment with operator

45510000

Hire of cranes with operator

45520000

Hire of earth moving equipment with operator

Explanatory Note

(This note is not part of the Regulations)

These Regulations supplement the Procurement Act 2023 (c. 54) (“PA 2023”).

Part 2 makes provision about the transparency of procurements carried out by contracting authorities under the PA 2023. Regulation 5 provides that certain notices, documents or information must be published or given by publishing them on the central digital platform which is an online system provided by the Minister for the Cabinet Office at the following website address: https://www.gov.uk/find-tender.

Regulations 6 and 7 make provision about how core supplier information (such as information about a supplier’s connected persons) is given to a contracting authority with a view to the award of a public contract. They provide that the authority must obtain confirmation that the supplier has shared that information through the central digital platform before a deadline. Regulations 9 to 12 set out what information is core supplier information.

Regulation 13 to 41 make provision about what information must be included in notices, documents or information which must be published under the PA 2023. In some cases, a provision sets out what other information must be included in addition to information which must be included in accordance with the PA 2023 itself. For example, regulation 17 sets out other information which must be included in a preliminary market engagement notice, in addition to the information which must be included in accordance with section 17(2)(a) of the PA 2023.

Part 3 makes provision which supplements the PA 2023 otherwise than in relation to transparency measures.

Regulation 42 and Schedule 1 specify the categories of services that qualify as “light touch” services for the purposes of sections 9 and 33 of the PA 2023. If a service is “light touch” it may be procured according to different rules from those that apply to the other types of contract whose procurement is covered by the PA 2023. These provisions also set out which of those services may be reserved such that a contracting authority may provide that only a qualifying public service mutual, as defined by the PA 2023, can bid for a contract for those services.

Regulation 43 disapplies the PA 2023 in respect of procurement by the NHS in England. The Health Care Services (Provider Selection Regime) Regulations 2023 (S.I. 2023/1348) instead apply in this area.

Regulations 44 and 45 and Schedules 2 and 3 define the terms “central government authority” and “works” as they are used in the PA 2023. In Schedule 2, the entities defined as central government authorities are listed under the headings “lead authority” and “related authority” in order to provide consistency with the way the UK authorities covered by the WTO’s Agreement on Government Procurement are set out in the annexes to that agreement. As a result, entities may not always appear in alphabetical order. Regulation 46 defines the term “defence authority” as used in the PA 2023.

Part 4 of these Regulations contains amendments to the PA 2023. The amendments at regulation 47 insert into the PA 2023 new provisions which set out how that Act applies where a contracting authority which is a devolved Scottish authority wishes either to participate in a joint procurement or similar arrangement which is governed by the PA 2023, or to make use of a framework or dynamic market established under that Act.

Regulation 48 amends section 17 of the PA 2023 to disapply the requirement to publish a preiminary market engagement notice in respect of reserved and transferred Northern Ireland procurement by private utilities.

Part 5 makes provision about how these Regulations apply in relation to devolved Welsh authorities and devolved Scottish authorities.

An impact assessment in relation to the PA 2023 and associated reforms was published in May 2022 and can be found at https://bills.parliament.uk/publications/46429/documents/1767 or may obtained by writing to the Cabinet Office, 70 Whitehall, London, SW1A 2AS, United Kingdom.