Procurement Act 2023
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Change 1
SCHEDULE 1 Threshold amounts
Section 3 1 (1) The threshold amount for a contract of a type referred to in the second column of the table below is the threshold set out in the corresponding row of the third column. (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Type of contract | ... | ... | Threshold amount ... 1 | Defence and security contract that is a works contract | ... | ... | £5,193,000 2 | Defence and security contract that is a concession contract | ... | ... | £5,193,000 3 | Defence and security contract not within row 1, 2 or 8 | ... | ... | £415,440 4 | Utilities contract that is a works contract | ... | ... | £5,193,000 5 | Utilities contract that is a light touch contract | ... | ... | £884,720 6 | Utilities contract not within row 3, 4 or 5 | ... | ... | £415,440 7 | Light touch contract that is a concession contract | ... | ... | £5,372,609 8 | Light touch contract not within row 5 or 7 | ... | ... | £663,540 9 | Concession contract not within row 2, 6 or 7 | ... | ... | £5,193,000 10 | Works contract not within row 1, 4 or 9 | ... | ... | £5,193,000 11 | Contract for the supply of goods, services or works to a central government authority not within any other row | ... | ... | £135,018 12 | Contract for the supply of goods, services or works to a sub-central government authority not within any other row | ... | ... | £207,720 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) See section 7(3) in relation to the application of the thresholds in the table to certain contracts concerning defence and security. 2 An appropriate authority may by regulations amend this Schedule for the purpose of amending the threshold amount for— (a) a type of contract in any of rows 4, 6 or 9 to 12 of the table in order to reflect an amendment to the corresponding threshold for contracts of that type in the United Kingdom’s Coverage Schedule to the GPA; (b) the type of contract in row 1 in order to reflect an amendment to the threshold amount for the type of contract in row 10; (c) the type of contract in row 2, in order to reflect an amendment to the threshold amount for the type of contract in row 9; (d) the type of contract in row 3, in order to reflect an amendment to the threshold amount for the type of contract in row 6. 3 An appropriate authority may by regulations amend this Schedule for the purpose of amending the threshold amount for — (a) any type of light touch contract in row 5, 7 or 8 of the table; (b) any type of defence and security contract in rows 1 to 3 where the amendment is not within paragraph 2. 4 A contract is a “works contract” if its main purpose is— (a) the carrying out of works under the contract (whether or not resulting in a complete work), or (b) to facilitate the carrying out of works otherwise than under the contract, where those works are intended to result in a complete work that complies with specifications set out in, or determined under, the contract. 5 (1) In this Schedule— “central government authority” means a contracting authority specified, or of a description specified, in regulations made by an appropriate authority; “complete work” means a functioning structure that results from the carrying out of works; the “GPA” means the Agreement on Government Procurement signed at Marrakesh on 15 April 1994, as amended from time to time; “sub-central government authority” means a contracting authority that is not— a central government authority, or a private utility or a public undertaking; “works” has the meaning given by regulations made by an appropriate authority. (2) In this Schedule— (a) a reference to a contract for the supply of goods, services or works to a particular kind of authority includes a reference to a framework for the future award of such contracts; (b) a reference to a works contract includes a reference to a framework for the future award of works contracts.
SCHEDULE 1 Threshold amounts
Section 3 1 (1) The threshold amount for a contract of a type referred to in the second column of the table below is the threshold set out in the corresponding row of the third column. (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Type of contract | ... | ... | Threshold amount ... 1 | Defence and security contract that is a works contract | ... | ... | £5,193,000 2 | Defence and security contract that is a concession contract | ... | ... | £5,193,000 3 | Defence and security contract not within row 1, 2 or 8 | ... | ... | £415,440 4 | Utilities contract that is a works contract | ... | ... | £5,193,000 5 | Utilities contract that is a light touch contract | ... | ... | £884,720 6 | Utilities contract not within row 3, 4 or 5 | ... | ... | £415,440 7 | Light touch contract that is a concession contract | ... | ... | £5,372,609 8 | Light touch contract not within row 5 or 7 | ... | ... | £663,540 9 | Concession contract not within row 2, 6 or 7 | ... | ... | £5,193,000 10 | Works contract not within row 1, 4 or 9 | ... | ... | £5,193,000 11 | Contract for the supply of goods, services or works to a central government authority not within any other row | ... | ... | £135,018 12 | Contract for the supply of goods, services or works to a sub-central government authority not within any other row | ... | ... | £207,720 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) See section 7(3) in relation to the application of the thresholds in the table to certain contracts concerning defence and security. 2 An appropriate authority may by regulations amend this Schedule for the purpose of amending the threshold amount for— (a) a type of contract in any of rows 4, 6 or 9 to 12 of the table in order to reflect an amendment to the corresponding threshold for contracts of that type in the United Kingdom’s Coverage Schedule to the GPA; (b) the type of contract in row 1 in order to reflect an amendment to the threshold amount for the type of contract in row 10; (c) the type of contract in row 2, in order to reflect an amendment to the threshold amount for the type of contract in row 9; (d) the type of contract in row 3, in order to reflect an amendment to the threshold amount for the type of contract in row 6. 3 An appropriate authority may by regulations amend this Schedule for the purpose of amending the threshold amount for — (a) any type of light touch contract in row 5, 7 or 8 of the table; (b) any type of defence and security contract in rows 1 to 3 where the amendment is not within paragraph 2. 4 A contract is a “works contract” if its main purpose is— (a) the carrying out of works under the contract (whether or not resulting in a complete work), or (b) to facilitate the carrying out of works otherwise than under the contract, where those works are intended to result in a complete work that complies with specifications set out in, or determined under, the contract. 5 (1) In this Schedule— “central government authority” means a contracting authority specified, or of a description specified, in regulations made by an appropriate authority; “complete work” means a functioning structure that results from the carrying out of works; the “GPA” means the Agreement on Government Procurement signed at Marrakesh on 15 April 1994, as amended from time to time; “sub-central government authority” means a contracting authority that is not— a central government authority, or a private utility or a public undertaking; “works” has the meaning given by regulations made by an appropriate authority. (2) In this Schedule— (a) a reference to a contract for the supply of goods, services or works to a particular kind of authority includes a reference to a framework for the future award of such contracts; (b) a reference to a works contract includes a reference to a framework for the future award of works contracts.
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