The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025
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Change 1
17 Amendment of the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013
(1) The Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 are amended as follows. (2) In regulation 6 (tender requirements and procedure)— (a) for paragraph (2), substitute— (2) Subject to paragraphs (3) and (4), where in relation to the specified infrastructure project— (a) the Procurement Act 2023 does not apply, (b) the incumbent undertaker relies on an exemption under the Procurement Act 2023, or (c) the incumbent undertaker awards a contract directly under sections 41 or 43 of the Procurement Act 2023, the provisions of the Procurement Act 2023 mentioned in the first column of the table in Part 1 of Schedule 2 (application of the Procurement Act 2023) apply in relation to that project. ; (b) in paragraph (3)— (i) in the words before sub-paragraph (a), for “Utilities Contracts Regulations 2016” substitute “Procurement Act 2023”; (ii) in sub-paragraph (b)(i), for “utility” substitute “contracting authority”; (iii) after sub-paragraph (b)(i), insert— (ia) references to a “public contract” were references to a “contract”. ; (iv) omit sub-paragraph (b)(ii); (c) after paragraph (3), insert— (3A) Where the Procurement Regulations 2024 apply by virtue of the application of the Procurement Act 2023 in accordance with Schedule 2, references to a “public contract” are to be read as if they were references to a “contract”. ; (d) in paragraph (4), in the words before sub-paragraph (a), for “and (3)” substitute “, (3) and (3A)”; (e) in paragraph (8)— (i) in the words before sub-paragraph (a), for “and (3)” substitute “, (3) and (3A)”; (ii) in sub-paragraph (b), for “regulations 42 and 98 of the Utilities Contracts Regulations 2016” substitute “sections 81 to 83 and 98 of the Procurement Act 2023”. (3) In Schedule 2— (a) for the heading substitute “Application of the Procurement Act 2023”; (b) in Part 1, for the table substitute— Provision applied | Modification Section 1 | Subsection (1)(b) does not apply, and the remaining provisions apply as if references to “covered procurement” were omitted Section 2 Section 4 Section 6 | Subsections (5) and (6) do not apply Section 12 Section 15 Section 16 Section 18 Section 19 | Subsection (9) does not apply Section 20 | Subsection (9) does not apply Section 21 Section 22 Section 23 | Subsection (6) does not apply Section 24 Section 25 Section 26 Section 27 Section 28 Section 30 Section 31 Section 34 | Subsection (7) does not apply Section 35 | Subsection (3) does not apply Section 40 Section 43 Section 44 Section 45 | Subsection (9) does not apply Section 46 | Subsection (11) does not apply Section 47 | Subsection (5)(c) does not apply Section 48 Section 49 Section 50 Section 51 | In subsection (3), only paragraphs (c), (d) and (e) apply, and paragraph (c) applies as though it referred only to section 43 (switching to direct award) Section 54 | Entries relating to light touch contracts do not apply Section 56 Section 57 Section 58 Section 59 | Subsection (1)(a)(iv) and (v) do not apply Section 62 | Only subsections (3) and (4) apply Section 74 | Subsection (1) applies as though the reference to a “convertible contract” were omitted; subsection (2) does not apply Section 78 Section 79 Section 81 | Applies as though the word “covered” were omitted every time it appears Section 82 | Applies as though the word “covered” were omitted Section 83 | Applies as though the word “covered” were omitted Section 89 Section 90 Section 94 Section 96 | Applies as though the word “covered” were omitted both times it appears Section 98 | Applies as though for the words “this Act” were substituted “the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013”, and as though, for subsection (4)(a) were substituted “the day on which the contracting authority decides not to award the contract”. Subsection (5) does not apply. Section 99 Section 100 | Subsection (6) does not apply Section 101 | Subsection (1) applies as if the words “or a convertible contract” were omitted; subsection (4) does not apply Section 102 Section 103 Section 104 Section 105 Section 110 Section 123 | Subsections (4) and (5) do not apply Schedule 1 | Only paragraphs 4 and 5 apply Schedule 3 | Paragraph 3 does not apply Schedule 4 Schedule 6 Schedule 7 Schedule 8 | Paragraphs 2, 3, 10 and 11 do not apply Schedule 9 (c) omit Part 2.
17 Amendment of the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013
(1) The Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 are amended as follows. (2) In regulation 6 (tender requirements and procedure)— (a) for paragraph (2), substitute— (2) Subject to paragraphs (3) and (4), where in relation to the specified infrastructure project— (a) the Procurement Act 2023 does not apply, (b) the incumbent undertaker relies on an exemption under the Procurement Act 2023, or (c) the incumbent undertaker awards a contract directly under sections 41 or 43 of the Procurement Act 2023, the provisions of the Procurement Act 2023 mentioned in the first column of the table in Part 1 of Schedule 2 (application of the Procurement Act 2023) apply in relation to that project. ; (b) in paragraph (3)— (i) in the words before sub-paragraph (a), for “Utilities Contracts Regulations 2016” substitute “Procurement Act 2023”; (ii) in sub-paragraph (b)(i), for “utility” substitute “contracting authority”; (iii) after sub-paragraph (b)(i), insert— (ia) references to a “public contract” were references to a “contract”. ; (iv) omit sub-paragraph (b)(ii); (c) after paragraph (3), insert— (3A) Where the Procurement Regulations 2024 apply by virtue of the application of the Procurement Act 2023 in accordance with Schedule 2, references to a “public contract” are to be read as if they were references to a “contract”. ; (d) in paragraph (4), in the words before sub-paragraph (a), for “and (3)” substitute “, (3) and (3A)”; (e) in paragraph (8)— (i) in the words before sub-paragraph (a), for “and (3)” substitute “, (3) and (3A)”; (ii) in sub-paragraph (b), for “regulations 42 and 98 of the Utilities Contracts Regulations 2016” substitute “sections 81 to 83 and 98 of the Procurement Act 2023”. (3) In Schedule 2— (a) for the heading substitute “Application of the Procurement Act 2023”; (b) in Part 1, for the table substitute— Provision applied | Modification Section 1 | Subsection (1)(b) does not apply, and the remaining provisions apply as if references to “covered procurement” were omitted Section 2 Section 4 Section 6 | Subsections (5) and (6) do not apply Section 12 Section 15 Section 16 Section 18 Section 19 | Subsection (9) does not apply Section 20 | Subsection (9) does not apply Section 21 Section 22 Section 23 | Subsection (6) does not apply Section 24 Section 25 Section 26 Section 27 Section 28 Section 30 Section 31 Section 34 | Subsection (7) does not apply Section 35 | Subsection (3) does not apply Section 40 Section 43 Section 44 Section 45 | Subsection (9) does not apply Section 46 | Subsection (11) does not apply Section 47 | Subsection (5)(c) does not apply Section 48 Section 49 Section 50 Section 51 | In subsection (3), only paragraphs (c), (d) and (e) apply, and paragraph (c) applies as though it referred only to section 43 (switching to direct award) Section 54 | Entries relating to light touch contracts do not apply Section 56 Section 57 Section 58 Section 59 | Subsection (1)(a)(iv) and (v) do not apply Section 62 | Only subsections (3) and (4) apply Section 74 | Subsection (1) applies as though the reference to a “convertible contract” were omitted; subsection (2) does not apply Section 78 Section 79 Section 81 | Applies as though the word “covered” were omitted every time it appears Section 82 | Applies as though the word “covered” were omitted Section 83 | Applies as though the word “covered” were omitted Section 89 Section 90 Section 94 Section 96 | Applies as though the word “covered” were omitted both times it appears Section 98 | Applies as though for the words “this Act” were substituted “the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013”, and as though, for subsection (4)(a) were substituted “the day on which the contracting authority decides not to award the contract”. Subsection (5) does not apply. Section 99 Section 100 | Subsection (6) does not apply Section 101 | Subsection (1) applies as if the words “or a convertible contract” were omitted; subsection (4) does not apply Section 102 Section 103 Section 104 Section 105 Section 110 Section 123 | Subsections (4) and (5) do not apply Schedule 1 | Only paragraphs 4 and 5 apply Schedule 3 | Paragraph 3 does not apply Schedule 4 Schedule 6 Schedule 7 Schedule 8 | Paragraphs 2, 3, 10 and 11 do not apply Schedule 9 (c) omit Part 2.
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