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

Cessation of certain prohibitions on the grounds of nationality

25.  Any rights, powers, liabilities, obligations, restrictions, remedies and procedures in the field of public procurement which—

(a) continue by virtue of section 4(1) of the European Union (Withdrawal) Act 2018(1); and

(b) are derived from—

(i) Article 18 of the Treaty on the Functioning of the European Union;

(ii) Article 4 of the EEA Agreement;

(iii) Article 9 of the Agreement establishing an Association between the European Economic Community and Turkey signed in Ankara on 12th September 1963(2),

cease to be recognised and available in domestic law (and to be enforced, allowed and followed accordingly) when this regulation comes into force, to the extent that they do not so cease by virtue of regulation 4 of the Freedom of Establishment and Free Movement of Services (EU Exit) Regulations 2019(3).

(1)

2018 c. 16; section 4(1) is prospectively amended by section 25(3) of the European Union (Withdrawal Agreement) Act 2020 (c. 1).

(2)

This Agreement was concluded, approved and confirmed on behalf of the Community by Council Decision 64/732/EEC of 23 December 1963, and is a pre-accession treaty falling within paragraph 7 of Part 1 of Schedule 1 to the European Communities Act 1972 (c. 68).

(3)

S.I. 2019/1401.