http://www.legislation.gov.uk/uksi/2022/766The Public Procurement (International Trade Agreements) (Amendment) Regulations 2022enPUBLIC PROCUREMENTStatute Law Database2025-06-18Expert Participation2025-02-24 These Regulations make amendments to various United Kingdom and Scottish public procurement regulations for the purpose of implementing the Free Trade Agreement between Iceland, Liechtenstein and Norway and the United Kingdom (“EEA EFTA Agreement”). This includes consequential amendments. The Public Procurement (International Trade Agreements) (Amendment) Regulations 2022 2022 No. 766 Public Procurement The Public Procurement (International Trade Agreements) (Amendment) Regulations 2022 Made 26th June 2022 Coming into force 27th June 2022

The Minister for the Cabinet Office makes these Regulations in exercise of the powers conferred by sections 2(1) and (2), 4(1)(c) and (d) and 5(1) of the Trade Act 2021.

 In accordance with paragraph 4(1) of Schedule 2 to the Trade Act 2021, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament. PART 1GENERALCitation, commencement and extent11These Regulations may be cited as the Public Procurement (International Trade Agreements) (Amendment) Regulations 2022 and come into force on the day after the day they are made.2The amendments made by these Regulations have the same extent as the provisions to which they relate.PART 2AMENDMENT OF UNITED KINGDOM SECONDARY LEGISLATIONAmendments to the Public Contracts Regulations 20152. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Amendments to the Concession Contracts Regulations 20163. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Amendments to the Utilities Contracts Regulations 20164. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .PART 3AMENDMENT OF SCOTTISH SECONDARY LEGISLATIONAmendments to the Public Contracts (Scotland) Regulations 201551The Public Contracts (Scotland) Regulations 2015 are amended as follows.2In regulation 69(2) (abnormally low tenders), after sub-paragraph (e) insert—gwhether the price or costs take into account the grant of subsidies..3In Schedule 4A (international trade agreements), after the last entry (for the Government of the Republic of Serbia), insert—Free Trade Agreement between Iceland, the Principality of Liechtenstein and the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland, signed at London on 8th July 2021..Amendments to the Utilities Contracts (Scotland) Regulations 201661The Utilities Contracts (Scotland) Regulations 2016 are amended as follows.2In regulation 82(2) (abnormally low tenders), after sub-paragraph (e) insert—gwhether the price or costs take into account the grant of subsidies..3In Schedule 2A (international trade agreements), after the last entry (for the Government of the Republic of Serbia), insert—Free Trade Agreement between Iceland, the Principality of Liechtenstein and the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland, signed at London on 8th July 2021..Amendments to the Concession Contracts (Scotland) Regulations 201671The Concession Contracts (Scotland) Regulations 2016 are amended as follows.2In Schedule 5 (international trade agreements), after the last entry (for the Government of the Republic of Serbia), insert—Free Trade Agreement between Iceland, the Principality of Liechtenstein and the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland, signed at London on 8th July 2021..PART 4TRANSITIONAL ARRANGEMENTSInterpretation of Part 481In this Part—“Procurement Regulations” means the following and, in relation to any procedure, means whichever of the following applies to that procedure—the Public Contracts Regulations 2015;the Public Contracts (Scotland) Regulations 2015;the Utilities Contracts (Scotland) Regulations 2016;the Concession Contracts (Scotland) Regulations 2016;the Concession Contracts Regulations 2016;the Utilities Contracts Regulations 2016.2In this Part, the following have the same meaning as in the applicable Procurement Regulations—acontracting authority;bdesign contest;cdynamic purchasing system;deconomic operator;eframework agreement;fprocurement;gUK e-notification service;hutility.Transitional provisions91Nothing in these Regulations affects any procurement commenced before these Regulations come into force.2For the purposes of paragraph (1), a procurement is commenced before these Regulations come into force if, before that date, in accordance with the applicable Procurement Regulations—aa notice has been sent to the UK e-notification service in order to—iinvite offers or requests to be selected to tender for or to negotiate in respect of a proposed contract, framework agreement or dynamic purchasing system; oriipublicise an intention to hold a design contest;bthe contracting authority or utility has had published any form of advertisement seeking offers or expressions of interest in a proposed contract, framework agreement or dynamic purchasing system; orcthe contracting authority or utility has contacted any economic operator in order to—iseek expressions of interest or offers in respect of a proposed contract, framework agreement or dynamic purchasing system; oriirespond to an unsolicited expression of interest or offer received from that economic operator in relation to a proposed contract, framework agreement or dynamic purchasing system.3For the purposes of this regulation, a procurement covers the whole of the procedures which, in accordance with the applicable Procurement Regulations, stem from that commencement.4Procedures taken for the purpose of modifying a contract or framework agreement are not to be regarded, for the purposes of paragraph (3), as stemming from the commencement of the procurement from which the award of that contract or framework agreement had itself stemmed.5A procedure commenced as described in paragraph (2)(a)(i), (b) or (c) is not to be regarded, for the purposes of paragraph (3), as stemming from the commencement of any design contest that had previously been held in relation to the subject-matter of the procurement.Jacob Rees-MoggMinister of StateCabinet Office26th June 2022 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 Free Trade Agreement between Iceland, Liechtenstein and Norway and the United Kingdom (“EEA EFTA Agreement”). This includes consequential amendments.

The amendments made by these Regulations implement the EEA EFTA Agreement generally, as well as a provision contained in the Agreement with respect to abnormally low tenders. To ensure contracting authorities take a consistent approach, the abnormally low tenders amendment has been made applicable to all procurements and economic operators as a consequential amendment to the EEA EFTA Agreement implementation under section 4(1)(c) of the Trade Act 2021.

These Regulations also make provision for transitional arrangements, in exercise of the power conferred by section 4(1)(d) of the Trade Act 2021.

 2021 c. 10. See the definition of “international trade agreement” in section 2(2) and the definitions of “appropriate authority” and “free trade agreement” in section 5(1). S.S.I. 2015/446, as amended by S.S.I 2016/47, S.S.I. 2020/468, S.I. 2021/573, S.I. 2021/787, S.I. 2021/872 and S.S.I. 2021/378. S.S.I. 2016/49, as amended by S.S.I. 2020/468, S.I. 2021/573, S.I. 2021/787, S.I. 2021/872 and S.S.I. 2021/378. S.S.I. 2016/65, as amended by S.S.I. 2016/125, S.S.I. 2020/468, S.I. 2021/573, S.I. 2021/787, S.I. 2021/872 and S.S.I. 2021/378. Reg. 1 in force at 27.6.2022, see reg. 1(1)Reg. 5 in force at 27.6.2022, see reg. 1(1)Reg. 6 in force at 27.6.2022, see reg. 1(1)Reg. 7 in force at 27.6.2022, see reg. 1(1)Reg. 8 in force at 27.6.2022, see reg. 1(1)Reg. 9 in force at 27.6.2022, see reg. 1(1)Regs. 2-4 revoked (24.2.2025) by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), reg. 1(2), Sch. Pt. 2