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This Statutory Instrument has been printed partially to correct errors in S.I. 2021/573 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

2021 No. 872

Public Procurement

The Public Procurement (Agreement on Government Procurement) (Amendment) (No. 2) Regulations 2021

Made

20th July 2021

Laid before Parliament

21st July 2021

Coming into force

16th August 2021

The Minister for the Cabinet Office makes these Regulations in exercise of the powers conferred by sections 1(1)(a), 1(1)(b)(iv), and 4(1)(c) of the Trade Act 2021(1).

PART 1U.K.General

Citation, commencement and extentU.K.

1.—(1) These Regulations may be cited as the Public Procurement (Agreement on Government Procurement) (Amendment) (No. 2) Regulations 2021 and come into force on 16th August 2021.

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

Commencement Information

I1Reg. 1 in force at 16.8.2021, see reg. 1(1)

PART 2U.K.Amendment of United Kingdom Secondary Legislation

Amendments to the Public Contracts Regulations 2015U.K.

F12.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments to the Concession Contracts Regulations 2016U.K.

F13.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment to the Utilities Contracts Regulations 2016U.K.

F14.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3U.K.Amendment of Scottish Secondary Legislation

Amendments to the Public Contracts (Scotland) Regulations 2015U.K.

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

(2) In regulation 2 (interpretation), in paragraph (1), in the definition of “GPA”, for “the United Kingdom’s accession” substitute “16th May 2021”.

(3) For Schedule 1 (central government authorities), substitute the Schedule contained in Schedule 2 to these Regulations.

Commencement Information

I2Reg. 5 in force at 16.8.2021, see reg. 1(1)

Amendment to the Utilities Contracts (Scotland) Regulations 2016U.K.

6.—(1) The Utilities Contracts (Scotland) Regulations 2016(3) are amended as follows.

(2) In regulation 2 (interpretation), in paragraph (1), in the definition of “GPA”, for “the United Kingdom’s accession” substitute “16th May 2021”.

Commencement Information

I3Reg. 6 in force at 16.8.2021, see reg. 1(1)

Amendments to the Concession Contracts (Scotland) Regulations 2016U.K.

7.—(1) The Concession Contracts (Scotland) Regulations 2016(4) are amended as follows.

(2) In regulation 2 (interpretation), in paragraph (1), in the definition of “GPA”, for “the United Kingdom’s accession” substitute “16th May 2021”.

(3) In regulation 51A (duty owed to economic operators from GPA parties), for paragraph (3) substitute—

(3) In this regulation, “relevant time” means the date on which the contracting entity submitted a concession notice in respect of the concession contract to the UK e-notification service or would have done so if it had been required by these Regulations to do so..

Commencement Information

I4Reg. 7 in force at 16.8.2021, see reg. 1(1)

Julia Lopez

Parliamentary Under Secretary of State

Cabinet Office

20th July 2021

Regulation 2(3)

SCHEDULE 1U.K.

Commencement Information

I5Sch. 1 in force at 16.8.2021, see reg. 1(1)

Regulation 2(1)

SCHEDULE 1U.K.CENTRAL GOVERNMENT AUTHORITIES

Where an entity listed in this Schedule is succeeded by another entity, which is itself a contracting authority, the successor entity shall be deemed to be included in this Schedule.

PART 1U.K.GPA ANNEX 1 CONTRACTING AUTHORITIES(5)

PART 2U.K.OTHER CENTRAL GOVERNMENT CONTRACTING AUTHORITIES

Regulation 5(3)

SCHEDULE 2U.K.

Commencement Information

I6Sch. 2 in force at 16.8.2021, see reg. 1(1)

Regulation 2(1)

SCHEDULE 1U.K.CENTRAL GOVERNMENT AUTHORITIES

Where an entity listed in this Schedule is succeeded by another entity, which is itself a contracting authority, the successor entity shall be deemed to be included in this Schedule.

PART 1U.K.GPA ANNEX 1 CONTRACTING AUTHORITIES(6)

PART 2U.K.OTHER CENTRAL GOVERNMENT CONTRACTING AUTHORITIES

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 the Agreement on Government Procurement and in consequence of a modification of the list of central government entities in Annex 1 to the United Kingdom’s Appendix I to the Agreement. This includes consequential amendments. 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. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen

(1)

2021 c. 10. See the definition of “appropriate authority” in section 5(1).

(5)

Cmnd. 487

(6)

Cmnd. . 487