One would have thought that with a new Government, 45 pages of Regulations and amendments to the Procurement Act 2023 (PA 23) and related legislation might have signalled a change of direction. Not a bit of it!
Most of the changes made by the draft of The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025* are ‘technical’ and are to ‘correct’ things that should have been picked up earlier when the legislation was first introduced.
Had the legislation first been published as a consultation draft with sufficient time for consideration and amendment, rather than being rushed out as a draft Bill (as we have suggested previously**) the kinds of corrections made by these Regulations could have been ironed out at the time.
Having said all this, there are a couple of changes that contracting authorities ought to be aware of and prepare for:
- Regulation 3 introduces new thresholds which will be:
- £5,372,609 for works; and
- £214,904 for services or supplies; and
- Regulation 4 extends the Late Payment of Commercial Debts (Interest) Act 1998 to all contracting authorities (currently registered providers of social housing that are community benefit societies are not caught by this legislation).
Many of the Regulations amend other legislation that is impacted by the PA 23, and which should have been amended by the PA23 itself. There are even 11 pages of amendments to the Procurement Regulations 2024 that were passed only earlier this year. However, it is good that these corrections are being made to put right some of the previous omissions. The Regulations amend the following legislation:
- Procurement Act 2023;
- Late Payment of Commercial Debts (Interest) Act 1998;
- Greater London Authority Act 1999;
- Equality Act 2010;
- Public Services (Social Value) Act 2012;
- Procurement Regulations 2024;
- Occupational Pension Schemes (Scheme Administration) Regulations 1996;
- Occupational Pension Schemes (Scheme Administration) Regulations (Northern Ireland) 1996;
- Service Charges (Consultation Requirements)(England) Regulations 2003 – but they seem to have missed off the Welsh version of these, so expect further amendment Regulations in future;
- Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) Regulations 2009;
- Quality Contracts Schemes (Tendering Requirements)(England) Regulations 2009;
- Cleaner Road Transport Vehicles Regulations 2011;
- Elected Local Policing Bodies (Specified Information) Order 2011;
- Schools Forums (England) Regulations 2012; and
- Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013
The most important thing that the publication of these Regulations tells us though is that the new Government is still pressing on with the proposals to implement in the PA 23 in the New Year and wants everything to be ready on time.
*The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025