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The Procurement Regulations 2024

Draft Legislation:

This is a draft item of legislation and has not yet been made as a UK Statutory Instrument.

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.

Draft Statutory Instruments

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 2023(1).

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—

(a)

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

(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 commencement

1.—(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 purpose(2).

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

Extent and application

2.—(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.

Interpretation

3.  In these Regulations(3)—

CA 2006” means the Companies Act 2006(4);

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 Vocabulary(5).

PA 2023” means the Procurement Act 2023.

Part 2Transparency of procurements under the Procurement Act 2023

Interpretation of Part 2

4.  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 2023(6), 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 1994(7), 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 platform

5.—(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.uk(8).

(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 notice(11), 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 platform

6.—(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 procedure(12),

(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) This regulation is subject to regulation 7.

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

7.—(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 system

8.—(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 information

9.—(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 1994(13)), 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 2006(14), 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 enterprise(15),

(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 information

10.—(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 information

11.—(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 control(16) 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”—

(a)

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

(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 information

12.—(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 2015(17),

(ii)section 1, 4 or 32 of the Human Trafficking and Exploitation (Scotland) Act 2015(18), or

(iii)section 1, 2 or 4 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015(19), 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 1998(20)), 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 information

13.  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-matter

14.—(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 Statistics(22) 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 notices

15.—(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 notices

16.—(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 notices

17.—(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 procedure

18.—(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 contract(23) 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 procedure

19.—(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: frameworks

20.—(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 markets

21.—(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 notices

22.—(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 documents

23.—(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—

(a)regulation 18(2),

(b)regulation 19(2),

(c)regulation 20(2),

(d)regulation 21(2), or

(e)regulation 22(2),

(as the case may be).

Below-threshold tender notices

24.—(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 notices

26.—(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 utilities

27.—(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 provider(24), 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 2016(25), 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 utilities

28.—(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 awards

29.—(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: frameworks

30.—(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 summaries

31.—(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 procedure

32.—(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: frameworks

33.—(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 frameworks

34.—(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 award

35.—(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 contracts

36.—(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 notices

37.—(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 notices

38.—(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 termination

39.—(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—

RatingDescription
GoodPerformance is meeting or exceeding the key performance indicators
Approaching targetPerformance is close to meeting the key performance indicators
Requires improvementPerformance is below the key performance indicators
InadequatePerformance is significantly below the key performance indicators
OtherPerformance 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 notices

40.—(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 2023(26).

(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 notices

41.—(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 services

42.—(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 procurement

43.  The PA 2023 does not apply in relation to regulated health procurement(27).

Central government authorities

44.—(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 2023

45.  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 authorities

46.  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 PLC(28);

(c)the National Crime Agency(29);

(d)the Oil and Pipelines Agency(30).

Part 4Amendment of the Procurement Act 2023

Regulation of procurement by devolved Scottish authorities

47.—(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—

115A.    Application 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 2015(31), or

(b)a utility within the meaning of regulation 4 of the Utilities Contracts (Scotland) Regulations 2016(32)..

(4) After Schedule 9, insert—

Section 115A

Schedule 9AProcurement by devolved scottish authorities

Provision of the PA 2023Modification
(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 contractsApplies 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 utilities

48.—(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 authorities

49.—(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 authorities

50.  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.

Name

Parliamentary Secretary

Cabinet Office

Schedules

Regulation 42

Schedule 1Light touch services

Table 1

Light touch services

CPV codeServiceReservable
(1)(2)(3)
Health, social and related services
75231200Services related to the detention or rehabilitation of criminals
75231240Probation services
79611000Job search services
79622000Supply services of domestic help personnelR
79624000Supply services of nursing personnelR
79625000Supply services of medical personnelR
85000000Health and social work servicesR
85100000Health servicesR
85110000Hospital and related servicesR
85111000Hospital servicesR
85111100Surgical hospital servicesR
85111200Medical hospital servicesR
85111300Gynaecological hospital servicesR
85111310In vitro fertilisation servicesR
85111320Obstetrical hospital servicesR
85111400Rehabilitation hospital servicesR
85111500Psychiatric hospital servicesR
85111600Orthotic servicesR
85111700Oxygen-therapy servicesR
85111800Pathology servicesR
85111810Blood analysis servicesR
85111820Bacteriological analysis servicesR
85111900Hospital dialysis servicesR
85112000Hospital support servicesR
85112100Hospital-bedding servicesR
85112200Outpatient care servicesR
85120000Medical practice and related servicesR
85121000Medical practice servicesR
85121100General-practitioner servicesR
85121200Medical specialist servicesR
85121210Gynaecologic or obstetric servicesR
85121220Nephrology or nervous system specialist servicesR
85121230Cardiology services or pulmonary specialists servicesR
85121231Cardiology servicesR
85121232Pulmonary specialists servicesR
85121240ENT or audiologist servicesR
85121250Gastroenterologist and geriatric servicesR
85121251Gastroenterologist servicesR
85121252Geriatric servicesR
85121270Psychiatrist or psychologist servicesR
85121271Home for the psychologically disturbed servicesR
85121280Ophthalmologist, dermatology or orthopedics servicesR
85121281Ophthalmologist servicesR
85121282Dermatology servicesR
85121283Orthopaedic servicesR
85121290Paediatric or urologist servicesR
85121291Paediatric servicesR
85121292Urologist servicesR
85121300Surgical specialist servicesR
85130000Dental practice and related servicesR
85131000Dental-practice servicesR
85131100Orthodontic servicesR
85131110Orthodontic-surgery servicesR
85140000Miscellaneous health servicesR
85141000Services provided by medical personnelR
85141100Services provided by midwivesR
85141200Services provided by nursesR
85141210Home medical treatment servicesR
85141211Dialysis home medical treatment servicesR
85141220Advisory services provided by nursesR
85142000Paramedical servicesR
85142100Physiotherapy servicesR
85142200Homeopathic servicesR
85142300Hygiene servicesR
85142400Home delivery of incontinence productsR
85143000Ambulance servicesR
85144000Residential health facilities servicesR
85144100Residential nursing care servicesR
85145000Services provided by medical laboratoriesR
85146000Services provided by blood banksR
85146100Services provided by sperm banksR
85146200Services provided by transplant organ banksR
85147000Company health servicesR
85148000Medical analysis servicesR
85149000Pharmacy servicesR
85150000Medical imaging servicesR
85160000Optician servicesR
85170000Acupuncture and chiropractor servicesR
85171000Acupuncture servicesR
85172000Chiropractor servicesR
85200000Veterinary servicesR
85210000Domestic animal nurseriesR
85300000Social work and related servicesR
85310000Social work servicesR
85311000Social work services with accommodationR
85311100Welfare services for the elderlyR
85311200Welfare services for disabled peopleR
85311300Welfare services for children and young peopleR
85312000Social work services without accommodationR
85312100Daycare servicesR
85312110Child daycare servicesR
85312120Daycare services for disabled children and young peopleR
85312200Home delivery of provisionsR
85312300Guidance and counselling servicesR
85312310Guidance servicesR
85312320Counselling servicesR
85312330Family-planning servicesR
85312400Welfare services not delivered through residential institutionsR
85312500Rehabilitation servicesR
85312510Vocational rehabilitation servicesR
85320000Social servicesR
85321000Administrative social servicesR
85322000Community action programmeR
85323000Community health servicesR
98133000Services furnished by social membership organisationsR
98133100Civic betterment and community facility support servicesR
98200000Equal opportunities consultancy services
98500000Private households with employed persons
98513000Manpower services for households
98513100Agency staff services for households
98513200Clerical staff services for households
98513300Temporary staff for households
98513310Home-help services
98514000Domestic services
Administrative social, educational, healthcare and cultural services
75000000Administration, defence and social security services
75121000Administrative educational servicesR
75122000Administrative healthcare servicesR
75124000Administrative recreational, cultural and religious services
79950000Exhibition, fair and congress organisation services
79951000Seminar organisation services
79952000Event services
79952100Cultural event organisation services
79953000Festival organisation services
79954000Party organisation services
79955000Fashion shows organisation services
79956000Fair and exhibition organisation services
79995000Library management services
79995100Archiving services
79995200Cataloguing services
80000000Education and training services
80100000Primary education services
80110000Pre-school education servicesR
80200000Secondary education services
80210000Technical and vocational secondary education services
80211000Technical secondary education services
80212000Vocational secondary education services
80300000Higher education servicesR
80310000Youth education servicesR
80320000Medical education servicesR
80330000Safety education servicesR
80340000Special education servicesR
80400000Adult and other education services
80410000Various school services
80411000Driving-school services
80411100Driving-test services
80411200Driving lessons
80412000Flying-school services
80413000Sailing-school services
80414000Diving-school services
80415000Ski-training services
80420000E-learning servicesR
80430000Adult-education services at university levelR
80490000Operation of an educational centre
80500000Training services
80510000Specialist training services
80511000Staff training servicesR
80512000Dog training services
80513000Horse riding school services
80520000Training facilitiesR
80521000Training programme servicesR
80522000Training seminarsR
80530000Vocational training services
80531000Industrial and technical training services
80531100Industrial training services
80531200Technical training services
80532000Management training services
80533000Computer-user familiarisation and training services
80533100Computer training services
80533200Computer courses
80540000Environmental training services
80550000Safety training services
80560000Health and first-aid training services
80561000Health training services
80562000First-aid training services
80570000Personal development training services
80580000Provision of language courses
80590000Tutorial servicesR
80600000Training services in defence and security materials
80610000Training and simulation in security equipment
80620000Training and simulation in firearms and ammunition
80630000Training and simulation in military vehicles
80640000Training and simulation in warships
80650000Training and simulation in aircrafts, missiles and spacecrafts
80660000Training and simulation in military electronic systems
92000000Recreational, cultural and sporting services
92100000Motion picture and video services
92110000Motion picture and video tape production and related services
92111000Motion picture and video production services
92111100Training-film and video-tape production
92111200Advertising, propaganda and information film and video-tape production
92111210Advertising film production
92111220Advertising video-tape production
92111230Propaganda film production
92111240Propaganda video-tape production
92111250Information film production
92111260Information video-tape production
92111300Entertainment film and video-tape production
92111310Entertainment film production
92111320Entertainment video-tape production
92112000Services in connection with motion-picture and video-tape production
92120000Motion-picture or video-tape distribution services
92121000Video-tape distribution services
92122000Motion picture distribution services
92130000Motion picture projection services
92140000Video-tape projection services
92200000Radio and television services
92210000Radio services
92211000Radio production services
92213000Small scale radio systems services
92214000Radio studio or equipment services
92215000General Mobile Radio Services (GMRS)
92220000Television services
92221000Television production services
92222000Closed circuit television services
92224000Digital television
92225000Interactive television
92225100Film-on-demand television
92226000Teleprogrammation
92230000Radio and television cable services
92231000International bilateral services and international private leased lines
92232000Cable TV
92300000Entertainment services
92310000Artistic and literary creation and interpretation services
92311000Works of art
92312000Artistic services
92312100Theatrical producers’, singer groups’, bands’ and orchestras’ entertainment services
92312110Theatrical producer entertainment services
92312120Singer group entertainment services
92312130Band entertainment services
92312140Orchestral entertainment services
92312200Services provided by authors, composers, sculptors, entertainers and other individual artists
92312210Services provided by authors
92312211Writing agency services
92312212Services related to the preparation of training manuals
92312213Technical author services
92312220Services provided by composers
92312230Services provided by sculptors
92312240Services provided by entertainers
92312250Services provided by individual artists
92312251Disk-jockey services
92320000Arts-facility operation services
92330000Recreational-area services
92331000Fair and amusement park services
92331100Fair services
92331200Amusement park services
92331210Children animation services
92332000Beach services
92340000Dance and performance entertainment services
92341000Circus services
92342000Dance-instruction services
92342100Ballroom dance-instruction services
92342200Discotheque dance-instruction services
92350000Gambling and betting services
92351000Gambling services
92351100Lottery operating services
92351200Casino operating services
92352000Betting services
92352100Totalisator operating services
92352200Bookmaking services
92360000Pyrotechnic services
92370000Sound technician
92400000News-agency services
92500000Library, archives, museums and other cultural servicesR
92510000Library and archive servicesR
92511000Library servicesR
92512000Archive servicesR
92512100Archive destruction servicesR
92520000Museum services and preservation services of historical sites and buildingsR
92521000Museum servicesR
92521100Museum-exhibition servicesR
92521200Preservation services of exhibits and specimensR
92521210Preservation services of exhibitsR
92521220Preservation services of specimensR
92522000Preservation services of historical sites and buildingsR
92522100Preservation services of historical sitesR
92522200Preservation services of historical buildingsR
92530000Botanical and zoological garden services and nature reserve servicesR
92531000Botanical garden servicesR
92532000Zoological garden servicesR
92533000Nature reserve servicesR
92534000Wildlife preservation servicesR
92600000Sporting servicesR
92610000Sports facilities operation servicesR
92620000Sport-related servicesR
92621000Sports-event promotion servicesR
92622000Sports-event organisation servicesR
92700000Cybercafé services
Compulsory social security services
75300000Compulsory social security services
Benefit services
75310000Benefit services
75311000Sickness benefits
75312000Maternity benefits
75313000Disability benefits
75313100Temporary disablement benefits
75314000Unemployment compensation benefits
75320000Government employee pension schemes
75330000Family allowances
75340000Child allowances
Other community, social and personal services including services furnished by trade unions, political organisations, youth associations and other membership organisations services
98000000Other community, social and personal services
98120000Services furnished by trade unions
98130000Miscellaneous membership organisations services
98132000Services furnished by political organisations
98133110Services provided by youth associationsR
Religious services
98131000Religious services
Hotel and restaurant services
55100000Hotel services
55110000Hotel accommodation services
55120000Hotel meeting and conference services
55130000Other hotel services
55200000Camping sites and other non-hotel accommodation
55210000Youth hostel services
55220000Camping-site services
55221000Caravan-site services
55240000Holiday centre and holiday home services
55241000Holiday centre services
55242000Holiday home services
55243000Children’s holiday-camp services
55250000Letting services of short-stay furnished accommodation
55260000Sleeping-car services
55270000Services provided by bed and breakfast establishments
55300000Restaurant and food-serving services
55310000Restaurant waiter services
55311000Restricted-clientele restaurant waiter services
55312000Unrestricted-clientele restaurant waiter services
55320000Meal-serving services
55321000Meal-preparation services
55322000Meal-cooking services
55330000Cafeteria services
55400000Beverage-serving services
55410000Bar management services
55510000Canteen services
55511000Canteen and other restricted-clientele cafeteria services
55512000Canteen management services
55520000Catering services
55521000Catering services for private households
55521100Meals-on-wheels services
55521200Meal delivery service
55522000Catering services for transport enterprises
55523000Catering services for other enterprises or other institutions
55523100School-meal services
55524000School catering services
Legal services, to the extent not included by paragraph 14 of Schedule 2 to the Procurement Act 2023
75231100Law-courts-related administrative services
79100000Legal services
79110000Legal advisory and representation services
79111000Legal advisory services
79112000Legal representation services
79112100Stakeholders representation services
79120000Patent and copyright consultancy services
79121000Copyright consultancy services
79121100Software copyright consultancy services
79130000Legal documentation and certification services
79131000Documentation services
79132000Certification services
79132100Electronic signature certification services
79140000Legal advisory and information services
Other administrative services and government services
75100000Administration services
75110000General public services
75111000Executive and legislative services
75111100Executive services
75111200Legislative services
75112000Administrative services for business operations
75112100Administrative development project services
75120000Administrative services of agencies
75123000Administrative housing servicesR
75125000Administrative services related to tourism affairs
75130000Supporting services for the government
75131000Government services
Provision of services to the community
75200000Provision of services to the community
75210000Foreign affairs and other services
75211000Foreign-affairs services
75211100Diplomatic services
75211110Consular services
75211200Foreign economic-aid-related services
75211300Foreign military-aid-related services
75220000Defence services
75221000Military defence services
75222000Civil defence services
75230000Justice services
75231000Judicial 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
75231210Imprisonment services
75231220Prisoner-escort services
75231230Prison services
75240000Public security, law and order services
75241000Public security services
75241100Police services
75242000Public law and order services
75242100Public-order services
75242110Bailiff services
75250000Fire-brigade and rescue services
75251000Fire-brigade services
75251100Firefighting services
75251110Fire-prevention services
75251120Forest-firefighting services
75252000Rescue services
79430000Crisis management services
98113100Nuclear safety services
Investigation and security services
79700000Investigation and security services
79710000Security services
79711000Alarm-monitoring services
79713000Guard services
79714000Surveillance services
79714100Tracing system services
79714110Absconder-tracing services
79715000Patrol services
79716000Identification badge release services
79720000Investigation services
79721000Detective agency services
79722000Graphology services
79723000Waste analysis services
International services
98900000Services provided by extra-territorial organisations and bodies
98910000Services specific to international organisations and bodies
Postal services
64000000Postal and telecommunications services
64100000Post and courier services
64110000Postal services
64111000Postal services related to newspapers and periodicals
64112000Postal services related to letters
64113000Postal services related to parcels
64114000Post office counter services
64115000Mailbox rental
64116000Post-restante services
64122000Internal office mail and messenger services
Miscellaneous services
50116510Tyre-remoulding services
71550000Blacksmith services

Table 2

Additional light touch services for certain defence and security contracts

Service
Hotel and restaurant services
98340000Accommodation and office services
98341000Accommodation services
98341100Accommodation management services
Support and auxiliary transport services
63000000Supporting and auxiliary transport services; travel agencies services
63100000Cargo handling and storage services
63110000Cargo handling services
63111000Container handling services
63112000Baggage handling services
63112100Passenger baggage handling services
63112110Baggage collection services
63120000Storage and warehousing services
63121000Storage and retrieval services
63121100Storage services
63121110Gas storage services
63122000Warehousing services
63500000Travel agency, tour operator and tourist assistance services
63510000Travel agency and similar services
63511000Organisation of package tours
63512000Sale of travel tickets and package tours services
63513000Tourist information services
63514000Tourist guide services
63515000Travel services
63516000Travel management services
63520000Transport agency services
63521000Freight transport agency services
63522000Ship brokerage services
63523000Port and forwarding agency services
63524000Transport document preparation services
63700000Support services for land, water and air transport
63710000Support services for land transport
63711000Support services for railway transport
63711100Train monitoring services
63712000Support services for road transport
63712100Bus station services
63712200Highway operation services
63712210Highway toll services
63712300Bridge and tunnel operation services
63712310Bridge operating services
63712311Bridge toll services
63712320Tunnel operation services
63712321Tunnel toll services
63712400Parking services
63712500Weighbridge services
63712600Vehicle refuelling services
63720000Support services for water transport
63721000Port and waterway operation services and associated services
63721100Bunkering services
63721200Port operation services
63721300Waterway operation services
63721400Ship refuelling services
63721500Passenger terminal operation services
63722000Ship-piloting services
63723000Berthing services
63724000Navigation services
63724100Offshore positioning services
63724110Lightship positioning services
63724200Lightship services
63724300Buoy positioning services
63724310Buoy marking services
63724400Lighthouse services
63725000Salvage and refloating services
63725100Vessel-salvaging services
63725200Standby vessel services
63725300Vessel refloating services
63726000Miscellaneous water transport support services
63726100Vessel registration services
63726200Ice-breaking services
63726300Vessel storage services
63726400Ship chartering services
63726500Vessel laying-up services
63726600Ship-operating services
63726610Ship-launching services
63726620ROV services
63726700Fishing-vessel services
63726800Research vessel services
63726900Anchor handling services
63727000Towing and pushing services of ships
63727100Towing services
63727200Pushing services
63730000Support services for air transport
63731000Airport operation services
63731100Airport slot coordination services
63732000Air-traffic control services
63733000Aircraft refuelling services
63734000Hangar services
98361000Aquatic marine services
Personal placement and supply services but not employment contracts
79600000Recruitment services
79610000Placement services of personnel
79612000Placement services of office-support personnel
79613000Employee relocation services
79620000Supply services of personnel including temporary staff
79621000Supply services of office personnel
79623000Supply services of commercial or industrial workers
79630000Personnel services except placement and supply services
79631000Personnel and payroll services
79634000Career guidance services
79635000Assessment centre services for recruitment
98510000Services of commercial and industrial workers
98511000Services of commercial workers
98512000Services of industrial workers

Regulation 44

Schedule 2Central government authorities

Central government authorities

Lead authorityRelated authority
(1)(2)
Agri-Food and Biosciences Institute
Armagh Observatory
Armagh Planetarium
Arts Council of Northern Ireland
Attorney General’s OfficeGovernment Legal Department
Belfast Health and Social Care Trust
Belfast Metropolitan College
Cabinet OfficeOffice 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 StrategyCompetition 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 SportArts 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 EducationOffice for Students
Department for Environment, Food and Rural AffairsNatural England
Plant Variety Rights Office
Royal Botanic Gardens, Kew
Department for International Trade
Department for TransportMaritime and Coastguard Agency
Highways England Company Ltd (known as “Highways England”)
Department for Work and PensionsOffice of Nuclear Regulation
Social Security Advisory Committee
Pensions Regulator
Department of Health and Social CareNHS 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 OfficeWilton 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 OfficeHM 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 DefenceDefence Equipment & Support
Ministry of Housing, Communities and Local Government
Ministry of JusticeCourt 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 MinistersAgricultural 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 OfficeOffice 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 StatisticsNational 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 MinistersArchitecture 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 TreasuryUnited 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

Regulation 45

Schedule 3Works activities

CPV codeActivity
45000000Construction work
45100000Site preparation work
45110000Building demolition and wrecking work and earthmoving work
45111000Demolition, site preparation and clearance work
45111100Demolition work
45111200Site preparation and clearance work
45111210Blasting and associated rock-removal work
45111211Blasting work
45111212Rock-removal work
45111213Site-clearance work
45111214Blast-clearing work
45111220Scrub-removal work
45111230Ground-stabilisation work
45111240Ground-drainage work
45111250Ground investigation work
45111260Site-preparation work for mining
45111290Primary works for services
45111291Site-development work
45111300Dismantling works
45111310Dismantling works for military installations
45111320Dismantling works for security installations
45112000Excavating and earth moving work
45112100Trench-digging work
45112200Soil-stripping work
45112210Topsoil-stripping work
45112300Infill and land-reclamation work
45112310Infill work
45112320Land-reclamation work
45112330Site-reclamation work
45112340Soil-decontamination work
45112350Reclamation of wasteland
45112360Land rehabilitation work
45112400Excavating work
45112410Grave-digging work
45112420Basement excavation work
45112440Terracing of hillsides
45112441Terracing work
45112450Excavation work at archaeological sites
45112500Earthmoving work
45112600Cut and fill
45112700Landscaping work
45112710Landscaping work for green areas
45112711Landscaping work for parks
45112712Landscaping work for gardens
45112713Landscaping work for roof gardens
45112714Landscaping work for cemeteries
45112720Landscaping work for sports grounds and recreational areas
45112721Landscaping work for golf courses
45112722Landscaping work for riding areas
45112723Landscaping work for playgrounds
45112730Landscaping work for roads and motorways
45112740Landscaping work for airports
45113000Siteworks
45120000Test drilling and boring work
45121000Test drilling work
45122000Test boring work
45200000“Works for complete or part construction and civil engineering work”
45210000Building construction work
45211000Construction work for multi-dwelling buildings and individual houses
45211100Construction work for houses
45211200Sheltered housing construction work
45211300Houses construction work
45211310Bathrooms construction work
45211320Porches construction work
45211340Multi-dwelling buildings construction work
45211341Flats construction work
45211350Multi-functional buildings construction work
45211360Urban development construction work
45211370Construction works for saunas
45212000Construction work for buildings relating to leisure, sports, culture, lodging and restaurants
45212100Construction work of leisure facilities
45212110Leisure centre construction work
45212120Theme park construction work
45212130Amusement park construction work
45212140Recreation installation
45212150Cinema construction work
45212160Casino construction work
45212170Entertainment building construction work
45212171Entertainment centre construction work
45212172Recreation centre construction work
45212180Ticket offices construction work
45212190Sun-protection works
45212200Construction work for sports facilities
45212210Single-purpose sports facilities construction work
45212211Ice rink construction work
45212212Construction work for swimming pool
45212213Sport markings works
45212220Multi-purpose sports facilities construction work
45212221Construction work in connection with structures for sports ground
45212222Gymnasium construction work
45212223Winter-sports facilities construction work
45212224Stadium construction work
45212225Sports hall construction work
45212230Installation of changing rooms
45212290Repair and maintenance work in connection with sports facilities
45212300Construction work for art and cultural buildings
45212310Construction work for buildings relating to exhibitions
45212311Art gallery construction work
45212312Exhibition centre construction work
45212313Museum construction work
45212314Historical monument or memorial construction work
45212320Construction work for buildings relating to artistic performances
45212321Auditorium construction work
45212322Theatre construction work
45212330Library construction work
45212331Multimedia library construction work
45212340Lecture hall construction work
45212350Buildings of particular historical or architectural interest
45212351Prehistoric monument construction work
45212352Industrial monument construction work
45212353Palace construction work
45212354Castle construction work
45212360Religious buildings construction work
45212361Church construction work
45212400Accommodation and restaurant buildings
45212410Construction work for lodging buildings
45212411Hotel construction work
45212412Hostel construction work
45212413Short-stay accommodation construction work
45212420Construction work for restaurants and similar facilities
45212421Restaurant construction work
45212422Canteen construction work
45212423Cafeteria construction work
45212500Kitchen or restaurant conversion
45212600Pavilion construction work
45213000Construction work for commercial buildings, warehouses and industrial buildings, buildings relating to transport
45213100Construction work for commercial buildings
45213110Shop buildings construction work
45213111Shopping centre construction work
45213112Shop units construction work
45213120Post office construction work
45213130Bank construction work
45213140Market construction work
45213141Covered market construction work
45213142Open-air market construction work
45213150Office block construction work
45213200Construction work for warehouses and industrial buildings
45213210Cold-storage installations
45213220Construction work for warehouses
45213221Warehouse stores construction work
45213230Abattoir construction work
45213240Agricultural buildings construction work
45213241Barn construction work
45213242Cowsheds construction work
45213250Construction work for industrial buildings
45213251Industrial units construction work
45213252Workshops construction work
45213260Stores depot construction work
45213270Construction works for recycling station
45213280Construction works for compost facility
45213300Buildings associated with transport
45213310Construction work for buildings relating to road transport
45213311Bus station construction work
45213312Car park building construction work
45213313Service-area building construction work
45213314Bus garage construction work
45213315Bus-stop shelter construction work
45213316Installation works of walkways
45213320Construction work for buildings relating to railway transport
45213321Railway station construction work
45213322Rail terminal building construction work
45213330Construction work for buildings relating to air transport
45213331Airport buildings construction work
45213332Airport control tower construction work
45213333Installation works of airport check-in counters
45213340Construction work for buildings relating to water transport
45213341Ferry terminal building construction work
45213342Ro-ro terminal construction work
45213350Construction work for buildings relating to various means of transport
45213351Maintenance hangar construction work
45213352Service depot construction work
45213353Installation works of passenger boarding bridges
45213400Installation of staffrooms
45214000Construction work for buildings relating to education and research
45214100Construction work for kindergarten buildings
45214200Construction work for school buildings
45214210Primary school construction work
45214220Secondary school construction work
45214230Special school construction work
45214300Construction work for college buildings
45214310Vocational college construction work
45214320Technical college construction work
45214400Construction work for university buildings
45214410Polytechnic construction work
45214420Lecture theatre construction work
45214430Language laboratory construction work
45214500Construction work for buildings of further education
45214600Construction work for research buildings
45214610Laboratory building construction work
45214620Research and testing facilities construction work
45214630Scientific installations
45214631Installation works of cleanrooms
45214640Meteorological stations construction work
45214700Construction work for halls of residence
45214710Entrance hall construction work
45214800Training facilities building
45215000Construction work for buildings relating to health and social services, for crematoriums and public conveniences
45215100Construction work for buildings relating to health
45215110Spa construction work
45215120Special medical building construction work
45215130Clinic construction work
45215140Hospital facilities construction work
45215141Operating theatre construction work
45215142Intensive-care unit construction work
45215143Diagnostic screening room construction work
45215144Screening rooms construction work
45215145Fluoroscopy room construction work
45215146Pathology room construction work
45215147Forensic room construction work
45215148Catheter room construction work
45215200Construction work for social services buildings
45215210Construction work for subsidised residential accommodation
45215212Retirement home construction work
45215213Nursing home construction work
45215214Residential homes construction work
45215215Children's home construction work
45215220Construction work for social facilities other than subsidised residential accommodation
45215221Daycare centre construction work
45215222Civic centre construction work
45215300Construction work for crematoriums
45215400Cemetery works
45215500Public conveniences
45216000Construction work for buildings relating to law and order or emergency services and for military buildings
45216100Construction work for buildings relating to law and order or emergency services
45216110Construction work for buildings relating to law and order
45216111Police station construction work
45216112Court building construction work
45216113Prison building construction work
45216114Parliament and public assembly buildings
45216120Construction work for buildings relating to emergency services
45216121Fire station construction work
45216122Ambulance station construction work
45216123Mountain-rescue building construction work
45216124Lifeboat station construction work
45216125Emergency-services building construction work
45216126Coastguard building construction work
45216127Rescue-service station construction work
45216128Lighthouse construction work
45216129Protective shelters
45216200Construction work for military buildings and installations
45216220Military bunker construction work
45216230Military shelter construction work
45216250Trench defences construction work
45217000Inflatable buildings construction work
45220000Engineering works and construction works
45221000Construction work for bridges and tunnels, shafts and subways
45221100Construction work for bridges
45221110Bridge construction work
45221111Road bridge construction work
45221112Railway bridge construction work
45221113Footbridge construction work
45221114Construction work for iron bridges
45221115Construction work for steel bridges
45221117Weighbridge construction work
45221118Pipeline-carrying bridge construction work
45221119Bridge renewal construction work
45221120Viaduct construction work
45221121Road viaduct construction work
45221122Railway viaduct construction work
45221200Construction work for tunnels, shafts and subways
45221210Covered or partially-covered excavations
45221211Underpass
45221213Covered or partially-covered railway excavations
45221214Covered or partially-covered road excavations
45221220Culverts
45221230Shafts
45221240Construction work for tunnels
45221241Road tunnel construction work
45221242Railway tunnel construction work
45221243Pedestrian tunnel construction work
45221244Canal tunnel construction work
45221245Under-river tunnel construction work
45221246Undersea tunnel construction work
45221247Tunnelling works
45221248Tunnel linings construction work
45221250Underground work other than tunnels, shafts and subways
45222000Construction work for engineering works except bridges, tunnels, shafts and subways
45222100Waste-treatment plant construction work
45222110Waste disposal site construction work
45222200Engineering work for military installations
45222300Engineering work for security installations
45223000Structures construction work
45223100Assembly of metal structures
45223110Installation of metal structures
45223200Structural works
45223210Structural steelworks
45223220Structural shell work
45223300Parking lot construction work
45223310Underground car park construction work
45223320Park-and-ride facility construction work
45223400Radar station construction work
45223500Reinforced-concrete structures
45223600Dog kennels construction work
45223700Service area construction work
45223710Motorway service area construction work
45223720Petrol/gas stations construction work
45223800Assembly and erection of prefabricated structures
45223810Prefabricated constructions
45223820Prefabricated units and components
45223821Prefabricated units
45223822Prefabricated components
45230000Construction work for pipelines, communication and power lines, for highways, roads, airfields and railways; flatwork
45231000Construction work for pipelines, communication and power lines
45231100General construction work for pipelines
45231110Pipelaying construction work
45231111Pipeline lifting and relaying
45231112Installation of pipe system
45231113Pipeline relaying works
45231200Construction work for oil and gas pipelines
45231210Construction work for oil pipelines
45231220Construction work for gas pipelines
45231221Gas supply mains construction work
45231222Gasholder works
45231223Gas distribution ancillary work
45231300Construction work for water and sewage pipelines
45231400Construction work for electricity powerlines
45231500Compressed-air pipeline work
45231510Compressed-air pipeline work for mailing system
45231600Construction work for communication lines
45232000Ancillary works for pipelines and cables
45232100Ancillary works for water pipelines
45232120Irrigation works
45232121Irrigation piping construction work
45232130Storm-water piping construction work
45232140District-heating mains construction work
45232141Heating works
45232142Heat-transfer station construction work
45232150Works related to water-distribution pipelines
45232151Water-main refurbishment construction work
45232152Pumping station construction work
45232153Construction work for water towers
45232154Construction work of elevated tanks for drinking water
45232200Ancillary works for electricity powerlines
45232210Overhead line construction
45232220Substation construction work
45232221Transformer substation
45232300Construction and ancillary works for telephone and communication lines
45232310Construction work for telephone lines
45232311Roadside emergency telephone lines
45232320Cable broadcasting lines
45232330Erection of aerials
45232331Ancillary works for broadcasting
45232332Ancillary works for telecommunications
45232340Mobile-telephone base-stations construction work
45232400Sewer construction work
45232410Sewerage work
45232411Foul-water piping construction work
45232420Sewage work
45232421Sewage treatment works
45232422Sludge-treatment works
45232423Sewage pumping stations construction work
45232424Sewage outfall construction work
45232430Water-treatment work
45232431Wastewater pumping station
45232440Construction work for sewage pipes
45232450Drainage construction works
45232451Drainage and surface works
45232452Drainage works
45232453Drains construction work
45232454Rain-water basin construction work
45232460Sanitary works
45232470Waste transfer station
45233000Construction, foundation and surface works for highways, roads
45233100Construction work for highways, roads
45233110Motorway construction works
45233120Road construction works
45233121Main road construction works
45233122Ring road construction work
45233123Secondary road construction work
45233124Trunk road construction work
45233125Road junction construction work
45233126Grade-separated junction construction work
45233127T-junction construction work
45233128Roundabout construction work
45233129Crossroad construction work
45233130Construction work for highways
45233131Construction work for elevated highways
45233139Highway maintenance work
45233140Roadworks
45233141Road-maintenance works
45233142Road-repair works
45233144Overpass construction work
45233150Traffic-calming works
45233160Paths and other metalled surfaces
45233161Footpath construction work
45233162Cycle path construction work
45233200Various surface works
45233210Surface work for highways
45233220Surface work for roads
45233221Road-surface painting work
45233222Paving and asphalting works
45233223Carriageway resurfacing works
45233224Dual carriageway construction work
45233225Single carriageway construction work
45233226Access road construction work
45233227Slip road construction work
45233228Surface coating construction work
45233229Verge maintenance work
45233250Surfacing work except for roads
45233251Resurfacing works
45233252Surface work for streets
45233253Surface work for footpaths
45233260Pedestrian ways construction work
45233261Pedestrian overpass construction work
45233262Pedestrian zone construction work
45233270Parking-lot-surface painting work
45233280Erection of road-barriers
45233290Installation of road signs
45233291Installation of bollards
45233292Installation of safety equipment
45233293Installation of street furniture
45233294Installation of road signals
45233300Foundation work for highways, roads, streets and footpaths
45233310Foundation work for highways
45233320Foundation work for roads
45233330Foundation work for streets
45233340Foundation work for footpaths
45234000Construction work for railways and cable transport systems
45234100Railway construction works
45234110Intercity railway works
45234111City railway construction work
45234112Railway depot construction work
45234113Demolition of tracks
45234114Railway embankment construction work
45234115Railway signalling works
45234116Track construction works
45234120Urban railway works
45234121Tramway works
45234122Underground railway works
45234123Partially underground railway works
45234124Underground passenger railway transport
45234125Underground railway station
45234126Tramline construction works
45234127Tramway depot construction work
45234128Tramway platforms construction work
45234129Urban railway track construction works
45234130Ballast construction works
45234140Level crossing construction works
45234160Catenary's construction works
45234170Locomotive-substations construction works
45234180Construction work for railways workshop
45234181Construction work for rail track sectioning cabins
45234200Cable-supported transport systems
45234210Cable-supported transport systems with cabins
45234220Construction work for ski lifts
45234230Construction work for chair lifts
45234240Funicular railway system
45234250Teleferic construction work
45235000Construction work for airfields, runways and manoeuvring surfaces
45235100Construction work for airports
45235110Construction work for air fields
45235111Airfield pavement construction work
45235200Runway construction works
45235210Runway resurfacing
45235300Construction work for aircraft-manoeuvring surfaces
45235310Taxiway construction work
45235311Taxiway pavement construction work
45235320Construction work for aircraft aprons
45236000Flatwork
45236100Flatwork for miscellaneous sports installations
45236110Flatwork for sports fields
45236111Flatwork for golf course
45236112Flatwork for tennis court
45236113Flatwork for racecourse
45236114Flatwork for running tracks
45236119Repair work on sports fields
45236200Flatwork for recreation installations
45236210Flatwork for children's play area
45236220Flatwork for zoo
45236230Flatwork for gardens
45236250Flatwork for parks
45236290Repair work on recreational areas
45236300Flatwork for cemeteries
45237000Stage construction works
45240000Construction work for water projects
45241000Harbour construction works
45241100Quay construction work
45241200Offshore terminal in situ construction work
45241300Pier construction work
45241400Dock construction work
45241500Wharf construction work
45241600Installation of port lighting equipment
45242000Waterside leisure facilities construction work
45242100Water-sports facilities construction work
45242110Launchway construction work
45242200Marina construction work
45242210Yacht harbour construction work
45243000Coastal-defence works
45243100Cliff-protection works
45243110Cliff-stabilisation works
45243200Breakwater construction work
45243300Sea wall construction work
45243400Beach-consolidation works
45243500Sea defences construction work
45243510Embankment works
45243600Quay wall construction work
45244000Marine construction works
45244100Marine installations
45244200Jetties
45245000Dredging and pumping works for water treatment plant installations
45246000River regulation and flood control works
45246100River-wall construction
45246200Riverbank protection works
45246400Flood-prevention works
45246410Flood-defences maintenance works
45246500Promenade construction work
45246510Boardwalk construction work
45247000Construction work for dams, canals, irrigation channels and aqueducts
45247100Construction work for waterways
45247110Canal construction
45247111Irrigation channel construction work
45247112Drainage canal construction work
45247120Waterways except canals
45247130Aqueduct construction work
45247200Construction work for dams and similar fixed structures
45247210Dam construction work
45247211Dam wall construction work
45247212Dam-reinforcement works
45247220Weir construction work
45247230Dyke construction work
45247240Static barrage construction work
45247270Reservoir construction works
45248000Construction work for hydro-mechanical structures
45248100Canal locks construction work
45248200Dry docks construction work
45248300Construction work for floating docks
45248400Landing stages construction work
45248500Movable barrages construction work
45250000Construction works for plants, mining and manufacturing and for buildings relating to the oil and gas industry
45251000Construction works for power plants and heating plants
45251100Construction work for power plant
45251110Nuclear-power station construction work
45251111Construction work for nuclear reactors
45251120Hydro-electric plant construction work
45251140Thermal power plant construction work
45251141Geothermal power station construction work
45251142Wood-fired power station construction work
45251143Compressed-air generating plant construction work
45251150Construction work for cooling towers
45251160Wind-power installation works
45251200Heating plant construction work
45251220Cogeneration plant construction work
45251230Steam-generation plant construction work
45251240Landfill-gas electricity generating plant construction work
45251250District-heating plant construction work
45252000Construction works for sewage treatment plants, purification plants and refuse incineration plants
45252100Sewage-treatment plant construction work
45252110Mobile plant construction work
45252120Water-treatment plant construction work
45252121Sedimentation installations
45252122Sewage digesters
45252123Screening installations
45252124Dredging and pumping works
45252125Rock-dumping work
45252126Drinking-water treatment plant construction work
45252127Wastewater treatment plant construction work
45252130Sewage plant equipment
45252140Sludge-dewatering plant construction work
45252150Coal-handling plant construction work
45252200Purification plant equipment
45252210Water purification plant construction work
45252300Refuse-incineration plant construction work
45253000Construction work for chemical-processing plant
45253100Demineralisation plant construction work
45253200Desulphurisation plant construction work
45253300Distilling or rectifying plant construction work
45253310Water-distillation plants construction work
45253320Alcohol-distillation plants construction work
45253400Construction work for petrochemical plant
45253500Construction work for pharmaceutical plant
45253600Deionisation plant construction work
45253700Digestion plant construction work
45253800Composting plant construction work
45254000Construction work for mining and manufacturing
45254100Construction work for mining
45254110Pithead construction work
45254200Construction work for manufacturing plant
45255000Construction work for the oil and gas industry
45255100Construction work for production platforms
45255110Wells construction work
45255120Platforms facilities construction work
45255121Topside facilities construction work
45255200Oil refinery construction work
45255210Oil terminal construction work
45255300Gas terminal construction work
45255400Fabrication work
45255410Offshore fabrication work
45255420Onshore fabrication work
45255430Demolition of oil platforms
45255500Drilling and exploration work
45255600Coiled-tubing well work
45255700Coal-gasification plant construction work
45255800Gas-production plant construction work
45259000Repair and maintenance of plant
45259100Wastewater-plant repair and maintenance work
45259200Purification-plant repair and maintenance work
45259300Heating-plant repair and maintenance work
45259900Plant upgrade work
45260000Roof works and other special trade construction works
45261000Erection and related works of roof frames and coverings
45261100Roof-framing work
45261200Roof-covering and roof-painting work
45261210Roof-covering work
45261211Roof-tiling work
45261212Roof-slating work
45261213Metal roof-covering work
45261214Bituminous roof-covering work
45261215Solar panel roof-covering work
45261220Roof-painting and other coating work
45261221Roof-painting work
45261222Cement roof-coating work
45261300Flashing and guttering work
45261310Flashing work
45261320Guttering work
45261400Sheeting work
45261410Roof insulation work
45261420Waterproofing work
45261900Roof repair and maintenance work
45261910Roof repair
45261920Roof maintenance work
45262000Special trade construction works other than roof works
45262100Scaffolding work
45262110Scaffolding dismantling work
45262120Scaffolding erection work
45262200Foundation work and water-well drilling
45262210Foundation work
45262211Pile driving
45262212Trench sheeting work
45262213Diaphragm wall technique
45262220Water-well drilling
45262300Concrete work
45262310Reinforced-concrete work
45262311Concrete carcassing work
45262320Screed works
45262321Floor-screed works
45262330Concrete repair work
45262340Grouting work
45262350Unreinforced-concrete work
45262360Cementing work
45262370Concrete-coating work
45262400Structural steel erection work
45262410Structural steel erection work for buildings
45262420Structural steel erection work for structures
45262421Offshore mooring work
45262422Subsea drilling work
45262423Deck-fabrication work
45262424Offshore-module fabrication work
45262425Jacket-fabrication work
45262426Pile-fabrication work
45262500Masonry and bricklaying work
45262510Stonework
45262511Stone carving
45262512Dressed stonework
45262520Bricklaying work
45262521Facing brickwork
45262522Masonry work
45262600Miscellaneous special-trade construction work
45262610Industrial chimneys
45262620Supporting walls
45262630Construction of furnaces
45262640Environmental improvement works
45262650Cladding works
45262660Asbestos-removal work
45262670Metalworking
45262680Welding
45262690Refurbishment of run-down buildings
45262700Building alteration work
45262710Fresco maintenance work
45262800Building extension work
45262900Balcony work
45300000Building installation work
45310000Electrical installation work
45311000Electrical wiring and fitting work
45311100Electrical wiring work
45311200Electrical fitting work
45312000Alarm system and antenna installation work
45312100Fire-alarm system installation work
45312200Burglar-alarm system installation work
45312300Antenna installation work
45312310Lightning-protection works
45312311Lightning-conductor installation work
45312320Television aerial installation work
45312330Radio aerial installation work
45313000Lift and escalator installation work
45313100Lift installation work
45313200Escalator installation work
45313210Travelator installation work
45314000Installation of telecommunications equipment
45314100Installation of telephone exchanges
45314120Installation of switchboards
45314200Installation of telephone lines
45314300Installation of cable infrastructure
45314310Installation of cable laying
45314320Installation of computer cabling
45315000Electrical installation work of heating and other electrical building-equipment
45315100Electrical engineering installation works
45315200Turbine works
45315300Electricity supply installations
45315400High voltage installation work
45315500Medium-voltage installation work
45315600Low-voltage installation work
45315700Switching station installation work
45316000Installation work of illumination and signalling systems
45316100Installation of outdoor illumination equipment
45316110Installation of road lighting equipment
45316200Installation of signalling equipment
45316210Installation of traffic monitoring equipment
45316211Installation of illuminated road signs
45316212Installation of traffic lights
45316213Installation of traffic guidance equipment
45316220Installation of airport signalling equipment
45316230Installation of port signalling equipment
45317000Other electrical installation work
45317100Electrical installation work of pumping equipment
45317200Electrical installation work of transformers
45317300Electrical installation work of electrical distribution apparatus
45317400Electrical installation work of filtration equipment
45320000Insulation work
45321000Thermal insulation work
45323000Sound insulation work
45324000Plasterboard works
45330000Plumbing and sanitary works
45331000Heating, ventilation and air-conditioning installation work
45331100Central-heating installation work
45331110Boiler installation work
45331200Ventilation and air-conditioning installation work
45331210Ventilation installation work
45331211Outdoor ventilation installation work
45331220Air-conditioning installation work
45331221Partial air-conditioning installation work
45331230Installation work of cooling equipment
45331231Installation work of refrigeration equipment
45332000Plumbing and drain-laying work
45332200Water plumbing work
45332300Drain-laying work
45332400Sanitary fixture installation work
45333000Gas-fitting installation work
45333100Gas regulation equipment installation work
45333200Gas meter installation work
45340000Fencing, railing and safety equipment installation work
45341000Erection of railings
45342000Erection of fencing
45343000Fire-prevention installation works
45343100Fireproofing work
45343200Firefighting equipment installation work
45343210CO2 fire-extinguishing equipment installation work
45343220Fire-extinguishers installation work
45343230Sprinkler systems installation work
45350000Mechanical installations
45351000Mechanical engineering installation works
45400000Building completion work
45410000Plastering work
45420000Joinery and carpentry installation work
45421000Joinery work
45421100Installation of doors and windows and related components
45421110Installation of door and window frames
45421111Installation of door frames
45421112Installation of window frames
45421120Installation of thresholds
45421130Installation of doors and windows
45421131Installation of doors
45421132Installation of windows
45421140Installation of metal joinery except doors and windows
45421141Installation of partitioning
45421142Installation of shutters
45421143Installation work of blinds
45421144Installation work of awnings
45421145Installation work of roller blinds
45421146Installation of suspended ceilings
45421147Installation of grilles
45421148Installation of gates
45421150Non-metal joinery installation work
45421151Installation of fitted kitchens
45421152Installation of partition walls
45421153Installation of built-in furniture
45421160Ironmongery work
45422000Carpentry installation work
45422100Woodwork
45430000Floor and wall covering work
45431000Tiling work
45431100Floor-tiling work
45431200Wall-tiling work
45432000Floor-laying and covering, wall-covering and wall-papering work
45432100Floor laying and covering work
45432110Floor-laying work
45432111Laying work of flexible floor coverings
45432112Laying of paving
45432113Parquet flooring
45432114Wood flooring work
45432120False floor installation work
45432121Computer floors
45432130Floor-covering work
45432200Wall-covering and wall-papering work
45432210Wall-covering work
45432220Wall-papering work
45440000Painting and glazing work
45441000Glazing work
45442000Application work of protective coatings
45442100Painting work
45442110Painting work of buildings
45442120Painting and protective-coating work of structures
45442121Painting work of structures
45442180Repainting work
45442190Paint-stripping work
45442200Application work of anti-corrosive coatings
45442210Galvanizing works
45442300Surface-protection work
45443000Façade work
45450000Other building completion work
45451000Decoration work
45451100Ornamentation fitting work
45451200Panelling work
45451300Interior gardens
45452000Exterior cleaning work for buildings
45452100Blast cleaning work for building exteriors
45453000Overhaul and refurbishment work
45453100Refurbishment work
45454000Restructuring work
45454100Restoration work
45500000Hire of construction and civil engineering machinery and equipment with operator
45510000Hire of cranes with operator
45520000Hire 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.

(1)

2023 c. 54. See section 123(1) of the Procurement Act 2023 for the definitions of “appropriate authority” and “Minister of the Crown”.

(2)

Section 11 comes into force on such day as a Minister of the Crown may by regulations appoint; and different days may be appointed for different purposes. See section 127 of the Procurement Act 2023.

(3)

Also see section 123 of the Procurement Act 2023 for an index of defined definitions in that Act.

(5)

EUR 2195/2002, as amended by S.I. 2020/1319; this is a reference to the retained version of Regulation (EC) 2195/2002. That retained version is available online at https://www.legislation.gov.uk/eur/2002/2195/contents.

(9)

Planned procurement notices include qualifying planned procurement notices by virtue of section 15(3) of the Procurement Act 2023.

(10)

Dynamic market notices under section 39(2) include qualifying utilities dynamic market notices by virtue of section 40(6) of the Procurement Act 2023.

(11)

For an index of defined expressions related to expressions used in the Procurement Act 2023, certain of which, for example “transparency notice”, are also used in these Regulations, see section 124 of that Act.

(12)

For the meaning of “open procedure” see section 20 of the Procurement Act 2023.

(13)

1994 c. 23. Section 5A was inserted by the Taxation (Post-transition Period) Act 2020 (c. 26).

(15)

For the meaning of “small and medium-sized enterprises” see section 123 of the Procurement Act 2023.

(16)

For the meanings of “significant control” as well as the following terms used in this regulation, see paragraph 45 of Schedule 6 to the Procurement Act 2023. The terms are “director”, “event”, “parent undertaking”, “subsidiary undertaking”, “predecessor company” and “shadow director”.

(19)

2015 c. 2 (N.I.).

(23)

For the meaning of “special regime contract”, see section 10(6) of the Procurement Act 2023.

(24)

For the meaning of “supported employment provider” see section 32 of the Procurement Act 2023.

(26)

For provision which requires contracting authorities to publish contracts as modified or modifications in certain cases, see section 77 of the PA 2023.

(27)

See section 120(2) of the PA 2023 for the definition of “regulated health procurement”.

(28)

Company registration no. 02763902.

(29)

The National Crime Agency was established by section 1 of the Crime and Courts Act 2013 (c. 22).

(30)

The Oil and Pipelines Agency was established by section 1 of the Oil and Pipelines Act 1985 (c. 62).

(31)

S.S.I. 2015/446, as amended by paragraph 17(2) of Schedule 3 of the Advanced Research and Invention Agency Act 2022 c. 4. There are other amendments which are not relevant.

(32)

S.S.I. 2016/49, to which there are amendments, none of which are relevant.

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