The Procurement Act 2023 (Commencement No. 3 and Transitional and Saving Provisions) Regulations 2024
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Change 1
8 Saving provisions relating to the 2016 UC Regulations
(1) Despite the revocation of the 2016 UC Regulations by section 119(1) of, and paragraph 7 of Schedule 11 to, the Act, those Regulations continue to apply , as modified by paragraph 4(b), (c), (d) and (e), in respect of procurement procedures, contracts, framework agreements , dynamic purchasing systems and qualification systems in any of the circumstances described in paragraphs (2) and (3). (2) The circumstances in this paragraph are that, with reference to the 2016 UC Regulations, before 26th May 2023, a utility submitted for publication in accordance with regulation 71 (publication on the UK e-notification service) a periodic indicative notice as a call for competition in accordance with regulation 44(4)(a). (3) The circumstances in this paragraph are that, with reference to the 2016 UC Regulations, before 24th February 2025— (a) a utility has awarded the contract, concluded the framework agreement or established the dynamic purchasing system; (b) a utility has contacted an economic operator in respect of a proposed contract to which regulation 33 (contracts subject to special arrangements) applies; (c) a utility has contacted an economic operator to commence the negotiated procedure without prior call for competition in any of the cases set out in regulation 50 (use of the negotiated procedure without prior call for competition); (d) one of the following notices has been submitted for publication in accordance with regulation 71(1) (publication on the UK e-notification service)— (i) a notice on the existence of a qualification system required by regulation 68; (ii) a contract notice required by regulation 69; (iii) a contest notice required by regulation 95. (4) Where the 2016 UC Regulations continue to apply in accordance with paragraph (1)— (a) the Act does not apply; (b) the period of validity of a dynamic purchasing system under regulation 52 of the 2016 UC Regulations— (i) may not be changed after 23rd February 2026, and (ii) expires (if it has not already done so) at the end of 23rd February 2029; (c) the period of validity of a qualification system under regulation 68 of the 2016 UC Regulations— (i) may not be changed after 23rd February 2026, and (ii) expires (if it has not already done so) at the end of 23rd February 2029 ; (d) in relation to framework agreements, Schedule 3 to the 2016 UC Regulations (international trade agreements) is to be read as if, at the end was inserted— Strategic Partnership and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Kazakhstan signed at Astana on 24th April 2024. Agreement on Partnership and Cooperation between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Iraq signed at London on 14th January 2025. Comprehensive Economic and Trade Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of India, signed at Buckinghamshire on 24th July 2025. ; (e) in relation to dynamic purchasing systems and qualification systems, Schedule 3 to the 2016 UC Regulations is to be read as if, at the end was inserted— Agreement on Partnership and Cooperation between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Iraq signed at London on 14th January 2025. Comprehensive Economic and Trade Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of India, signed at Buckinghamshire on 24th July 2025. (5) Terms used in this regulation have the same meaning as in the 2016 UC Regulations as they had effect immediately before 24th February 2025.
8 Saving provisions relating to the 2016 UC Regulations
(1) Despite the revocation of the 2016 UC Regulations by section 119(1) of, and paragraph 7 of Schedule 11 to, the Act, those Regulations continue to apply , as modified by paragraph 4(b), (c), (d) and (e), in respect of procurement procedures, contracts, framework agreements , dynamic purchasing systems and qualification systems in any of the circumstances described in paragraphs (2) and (3). (2) The circumstances in this paragraph are that, with reference to the 2016 UC Regulations, before 26th May 2023, a utility submitted for publication in accordance with regulation 71 (publication on the UK e-notification service) a periodic indicative notice as a call for competition in accordance with regulation 44(4)(a). (3) The circumstances in this paragraph are that, with reference to the 2016 UC Regulations, before 24th February 2025— (a) a utility has awarded the contract, concluded the framework agreement or established the dynamic purchasing system; (b) a utility has contacted an economic operator in respect of a proposed contract to which regulation 33 (contracts subject to special arrangements) applies; (c) a utility has contacted an economic operator to commence the negotiated procedure without prior call for competition in any of the cases set out in regulation 50 (use of the negotiated procedure without prior call for competition); (d) one of the following notices has been submitted for publication in accordance with regulation 71(1) (publication on the UK e-notification service)— (i) a notice on the existence of a qualification system required by regulation 68; (ii) a contract notice required by regulation 69; (iii) a contest notice required by regulation 95. (4) Where the 2016 UC Regulations continue to apply in accordance with paragraph (1)— (a) the Act does not apply; (b) the period of validity of a dynamic purchasing system under regulation 52 of the 2016 UC Regulations— (i) may not be changed after 23rd February 2026, and (ii) expires (if it has not already done so) at the end of 23rd February 2029; (c) the period of validity of a qualification system under regulation 68 of the 2016 UC Regulations— (i) may not be changed after 23rd February 2026, and (ii) expires (if it has not already done so) at the end of 23rd February 2029 ; (d) in relation to framework agreements, Schedule 3 to the 2016 UC Regulations (international trade agreements) is to be read as if, at the end was inserted— Strategic Partnership and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Kazakhstan signed at Astana on 24th April 2024. Agreement on Partnership and Cooperation between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Iraq signed at London on 14th January 2025. Comprehensive Economic and Trade Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of India, signed at Buckinghamshire on 24th July 2025. ; (e) in relation to dynamic purchasing systems and qualification systems, Schedule 3 to the 2016 UC Regulations is to be read as if, at the end was inserted— Agreement on Partnership and Cooperation between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Iraq signed at London on 14th January 2025. Comprehensive Economic and Trade Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of India, signed at Buckinghamshire on 24th July 2025. (5) Terms used in this regulation have the same meaning as in the 2016 UC Regulations as they had effect immediately before 24th February 2025.
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