The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020

The Public Contracts Regulations 2006 U.K.

12.—(1) To the extent that the Public Contracts Regulations 2006(1) (“the 2006 Regulations”) continue to have prospective effect, their effect is modified as follows.

(2) The 2006 Regulations have prospective effect as if the following were omitted—

(a) regulation 14(2) (which requires certain reports to be supplied to the European Commission on request);

(b) regulation 32(16) (which provides for the provision of certain reports requested by the European Commission);

(c) regulation 40(2) (which requires certain information to be provided for the European Commission).

(3) Where—

(a) immediately before IP completion day, a procurement has been commenced,

(b) on or after IP completion day, a contract is awarded or any other act is done, pursuant to that procurement, and

(c) that award or other act would, if it had occurred before IP completion day, have been covered by an exemption from requirements of the 2006 Regulations by virtue of any provision in those Regulations,

that award or other act is covered by that exemption on and after IP completion day regardless of whether the terms used to define that exemption in the 2006 Regulations would otherwise have been apt to continue to achieve that effect on and after IP completion day.

Commencement Information

I1 Reg. 12 in force at 31.12.2020 on IP completion day, see reg. 1(2)

(1)

S.I. 2006/5. The Regulations were revoked by S.I. 2015/102 but subject to savings. Before being revoked, the Regulations had been amended by S.I. 2007/3542, 2008/2256, 2683, 2848, 2009/1307, 2992, 2010/133, 976, 2011/1043, 1848, 2053, 2581, 3058, 2013/252, 1431, 2014/834 and by the Enterprise and Regulatory Reform Act 2013 (c. 24), Schedule 20, paragraph 2.