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Statutory Instruments

2021 No. 787

Public Procurement

The Public Procurement (International Trade Agreements) (Amendment) Regulations 2021

Made

1st July 2021

Coming into force

2nd July 2021

The Minister for the Cabinet Office makes these Regulations in exercise of the powers conferred by sections 2 and 5(1) of the Trade Act 2021(1).

In accordance with paragraph 4(1) of Schedule 2 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

PART 1GENERAL

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Public Procurement (International Trade Agreements) (Amendment) Regulations 2021 and come into force the day after the day they are made.

(2) The amendments made by these Regulations have the same extent as the provisions to which they relate.

PART 2AMENDMENT OF UNITED KINGDOM SECONDARY LEGISLATION

Amendments to the Public Contracts Regulations 2015

2.—(1) The Public Contracts Regulations 2015(2) are amended as follows.

(2) After regulation 25A (conditions relating to the GPA), insert—

Conditions relating to international agreements by which the United Kingdom is bound, other than the GPA

25B.(1) Where a relevant international trade agreement applies to a procurement, the contracting authority shall accord to the works, supplies, services and economic operators of the signatories to that agreement treatment no less favourable than the treatment accorded to the works, supplies, services and economic operators of the United Kingdom.

(2) For the purposes of paragraph (1), a relevant international trade agreement applies if the procurement is covered by an agreement listed in Schedule 4A..

(3) After regulation 90A (duty owed to economic operators from GPA countries), insert—

Duty owed to economic operators from countries with whom the United Kingdom has an international agreement, other than the GPA

90B.(1) The duty owed in accordance with regulation 89 is a duty owed also to an economic operator from a country in respect of which a relevant international trade agreement applies, but only where the agreement applies to the procurement concerned.

(2) For the purposes of paragraph (1), a relevant international trade agreement applies if the procurement is covered by an agreement listed in Schedule 4A..

(4) After Schedule 4 (list of products relevant to thresholds), insert—

Regulation 25B and 90B

SCHEDULE 4AINTERNATIONAL TRADE AGREEMENTS

Amendments to the Concession Contracts Regulations 2016

3.—(1) The Concession Contracts Regulations 2016(3) are amended as follows.

(2) After regulation 51A (duty owed to economic operators from GPA countries), insert—

Duty owed to economic operators from countries with whom the United Kingdom has an international agreement, other than the GPA

51B.(1) The duty owed in accordance with regulation 50 is a duty owed also to an economic operator from a country in respect of which a relevant international trade agreement applies, but only where the agreement applies to the procurement concerned.

(2) For the purposes of paragraph (1), a relevant international trade agreement applies if the procurement is covered by an agreement listed in Schedule 4..

(3) After Schedule 3 (social and other specific services), insert—

Regulation 51B

SCHEDULE 4INTERNATIONAL TRADE AGREEMENTS

Amendments to the Utilities Contracts Regulations 2016

4.—(1) The Utilities Contracts Regulations 2016(4) are amended as follows.

(2) After regulation 43A (conditions relating to the GPA), insert—

Conditions relating to international agreements by which the United Kingdom is bound, other than the GPA

43B.(1) Where a relevant international trade agreement applies to a procurement, utilities within the meaning of regulation 5(1)(a) (utilities) shall accord to the works, supplies, services and economic operators of the signatories to that agreement treatment no less favourable than the treatment accorded to the works, supplies, services and economic operators of the United Kingdom.

(2) For the purposes of paragraph (1), a relevant international trade agreement applies if the procurement is covered by an agreement listed in Schedule 3..

(3) After regulation 105A (duty owed to economic operators from GPA countries), insert—

Duty owed to economic operators from countries with whom the United Kingdom has an international agreement, other than the GPA

105B.(1) The duty owed in accordance with regulation 104 is a duty owed also to an economic operator from a country in respect of which a relevant international trade agreement applies, but only where the agreement applies to the procurement concerned.

(2) For the purposes of paragraph (1), a relevant international trade agreement applies if the procurement is covered by an agreement listed in Schedule 3..

(4) After Schedule 2 (social and other specific services), insert—

Regulation 43B and 105B

SCHEDULE 3INTERNATIONAL TRADE AGREEMENTS

PART 3AMENDMENT OF SCOTTISH SECONDARY LEGISLATION

Amendment to the Public Contracts (Scotland) Regulations 2015

5.—(1) The Public Contracts (Scotland) Regulations 2015(5) are amended as follows.

(2) After regulation 26A (conditions relating to the GPA), insert—

Conditions relating to international agreements by which the United Kingdom is bound, other than the GPA

26B.(1) Where a relevant international trade agreement applies to a procurement, the contracting authority must accord to the works, supplies, services and economic operators of the signatories to that agreement treatment no less favourable than the treatment accorded to the works, supplies, services and economic operators of the United Kingdom.

(2) For the purposes of paragraph (1), a relevant international trade agreement applies if the procurement is covered by an agreement listed in Schedule 4A (international trade agreements)..

(3) After regulation 87A (duty owed to economic operators from GPA countries), insert—

Duty owed to economic operators from countries with whom the United Kingdom has an international agreement, other than the GPA

87B.(1) The duty owed in accordance with regulation 87(1) (duty owed to economic operators, including from countries with whom the EU has a relevant international agreement other than the GPA) is a duty owed also to an economic operator from a country in respect of which a relevant international trade agreement applies, but only where the agreement applies to the procurement concerned.

(2) For the purposes of paragraph (1), a relevant international trade agreement applies if the procurement is covered by an agreement listed in Schedule 4A (international trade agreements)..

(4) After Schedule 4 (list of products relevant to thresholds), insert—

Regulation 26B and 87B

SCHEDULE 4AINTERNATIONAL TRADE AGREEMENTS

Amendments to the Utilities Contracts (Scotland) Regulations 2016

6.—(1) The Utilities Contracts (Scotland) Regulations 2016(6) are amended as follows.

(2) After regulation 41A (conditions relating to the GPA), insert—

Conditions relating to international agreements by which the United Kingdom is bound, other than the GPA

41B.(1) Where a relevant international trade agreement applies to a procurement, a utility within the meaning of regulation 4(1)(a) (utilities) must accord to the works, supplies, services and economic operators of the signatories to that agreement treatment no less favourable than the treatment accorded to the works, supplies, services and economic operators of the United Kingdom.

(2) For the purposes of paragraph (1), a relevant international trade agreement applies if the procurement is covered by an agreement listed in Schedule 2A (international trade agreements)..

(3) After regulation 100A (duty owed to economic operators from GPA countries), insert—

Duty owed to economic operators from countries with whom the United Kingdom has an international agreement, other than the GPA

100B.(1) The duty owed in accordance with regulation 100(1) (duty owed to economic operators, including from countries with whom the EU has an international agreement other than the GPA) is a duty owed also to an economic operator from a country in respect of which a relevant international trade agreement applies, but only where the agreement applies to the procurement concerned.

(2) For the purposes of paragraph (1), a relevant international trade agreement applies if the procurement is covered by an agreement listed in Schedule 2A (international trade agreements)..

(4) After Schedule 2 (social and other specific services), insert—

Regulation 41B and 100B

SCHEDULE 2AINTERNATIONAL TRADE AGREEMENTS

Amendments to the Concession Contracts (Scotland) Regulations 2016

7.—(1) The Concession Contracts (Scotland) Regulations 2016(7) are amended as follows.

(2) After regulation 51A (duty owed to economic operators from GPA countries), insert—

Duty owed to economic operators from countries with whom the United Kingdom has an international agreement, other than the GPA

51B.(1) The duty owed in accordance with regulation 51(1) (duty owed to economic operators, including from countries with whom the EU has an international agreement other than the GPA) is a duty owed also to an economic operator from a country in respect of which a relevant international trade agreement applies, but only where the agreement applies to the procurement concerned.

(2) For the purposes of paragraph (1), a relevant international trade agreement applies if the procurement is covered by an agreement listed in Schedule 5 (international trade agreements)..

(3) After Schedule 4 (list of international social and environmental conventions referred to in regulation 40(9)), insert—

Regulation 51B

SCHEDULE 5INTERNATIONAL TRADE AGREEMENTS

Julia Lopez

Parliamentary Secretary

Cabinet Office

1st July 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to various United Kingdom and Scottish public procurement regulations for the purpose of implementing various international trade agreements to which the United Kingdom is a signatory.

The amendments made by these Regulations are “steady state amendments”, as that term is defined in the Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319) and the Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468) (“the EU Exit SIs”). As such, in accordance with the transitional provisions in the EU Exit SIs, these amendments do not affect any procedure (as that term is defined in the Schedules to the EU Exit SIs) launched before but not yet finalised by IP completion day.

(1)

2021 c. 10. See the definitions of “appropriate authority” and “free trade agreement” in section 5(1).

(2)

S.I. 2015/102, as amended by S.I. 2016/275, S.I. 2020/1319 and S.I. 2021/573; there are other amending instruments but none is relevant.