Procurement Act 2023

Notices about payments and performance

69 Payments compliance notices

(1) Before the end of the period of 30 days beginning with the last day of a reporting period, a contracting authority must publish a payments compliance notice if during that period—

(a) the authority made a payment under a public contract;

(b) a sum owed by the authority under a public contract became payable.

(2) A “payments compliance notice” means a notice setting out—

(a) specified information about the contracting authority’s compliance with the term set out in section 68(2) (payment within 30 days), and

(b) any other specified information.

(3) For the purposes of this section, a reporting period is—

(a) the period beginning with the day on which this section comes into force and ending with the 31 March or 30 September following that day, whichever is earlier, and

(b) each successive period of six months.

(4) A Minister of the Crown or the Welsh Ministers may by regulations make provision about the preparation of a payments compliance notice, including provision requiring that the notice must be approved by a person of a description specified in the regulations.

(5) In subsection (2), “specified information” means information specified in regulations under section 95.

(6) This section does not apply—

(a) to a transferred Northern Ireland authority,

(b) to private utilities,

(c) in relation to a public contract awarded by a school, or

(d) in relation to a concession contract.

70 Information about payments under public contracts

(1) A contracting authority must publish specified information about any payment of more than £30,000 made by the authority under a public contract.

(2) The information must be published before the end of the period of 30 days beginning with the last day of the quarter in which the payment was made.

(3) A Minister of the Crown or the Welsh Ministers may by regulations amend this section for the purpose of changing—

(a) the financial threshold;

(b) the time limit for publication.

(4) This section does not apply in relation to a public contract that is—

(a) a utilities contract awarded by a private utility,

(b) a concession contract,

(c) awarded by a school,

(d) awarded by a transferred Northern Ireland authority, unless it is awarded as part of a procurement under a reserved procurement arrangement or devolved Welsh procurement arrangement, or

(e) awarded as part of a procurement under a transferred Northern Ireland procurement arrangement.

(5) In this section—

• “quarter” means a period of three months ending with 31 March, 30 June, 30 September or 31 December in any year;

• “specified information” means information specified in regulations under section 95.

71 Assessment of contract performance

(1) Subsection (2) applies where a contracting authority has set key performance indicators in accordance with section 52(1).

(2) At least once in every period of twelve months during the life-cycle of the contract and on termination of the contract the contracting authority must —

(a) assess performance against the key performance indicators, and

(b) publish information specified in regulations under section 95 in relation to that assessment.

(3) Subsection (5) applies if—

(a) a supplier has breached a public contract, and

(b) the breach results in—

(i) termination (or partial termination) of the contract,

(ii) the award of damages, or

(iii) a settlement agreement between the supplier and the contracting authority.

(4) Subsection (5) also applies if a contracting authority considers that a supplier—

(a) is not performing a public contract to the authority’s satisfaction,

(b) has been given proper opportunity to improve performance, and

(c) has failed to do so.

(5) Before the end of the period of 30 days beginning with the day on which this subsection first applies in relation to a particular breach or failure to perform, the contracting authority concerned must publish the following information—

(a) that this subsection applies,

(b) the circumstances giving rise to its application, and

(c) any other information specified in regulations under section 95.

(6) Subsection (5) does not apply in relation to a light touch contract.

(7) This section does not apply to private utilities.