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The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025

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Change 1

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As published

7 Amendment of the Public Services (Social Value) Act 2012

(1) The Public Services (Social Value) Act 2012 is amended as follows. (2) In section 1 (contracts of relevant authorities)— (a) in subsection (1)— (i) in paragraph (a), for “framework agreement” substitute “framework”; (ii) in paragraph (b)— (aa) for “framework agreement” substitute “framework”; (bb) for “the agreement” substitute “the framework”; (b) in subsection (2)— (i) in paragraph (a)— (aa) for “submitting a notice to the UK e-notification service” substitute “publishing a notice under the Procurement Act 2023”; (bb) for “framework agreement” substitute “framework”; (ii) in paragraphs (b), (c), (d) and (e), for “framework agreement” substitute “framework”; (c) in subsection (4), for “framework agreement” substitute “framework”; (d) in subsection (10), for “Regulations” substitute “Procurement Act 2023”; (e) in subsection (15)— (i) in the definition of “central government authority”, for “Regulations (even though the Regulations do not apply)” substitute “Procurement Act 2023 (see Schedule 1 to that Act) (even though the Act does not apply)”; (ii) after the definition of “central government authority”, insert— “concession contract” has the same meaning as in the Procurement Act 2023 (see section 8 of that Act); “defence and security contract” has the same meaning as in the Procurement Act 2023 (see section 7 of that Act); “exempted contract” is a contract that would be considered an exempted contract for the purposes of Schedule 2 (exempted contracts) to the Procurement Act 2023 (even though that Act does not apply); “framework” has the same meaning as in the Procurement Act 2023 (see section 45 of that Act) (whether or not the Act applies), and a reference to a contract based on a framework is a reference to a contract entered into on terms established by such an arrangement; “light touch contract” has the same meaning as in the Procurement Act 2023 (see section 9 of that Act) (even though the Act does not apply); “public contract” has the same meaning as in the Procurement Act 2023 (see section 3 of that Act); ; (iii) in the definition of “relevant authority”, for “Regulations (whether or not the Regulations apply)” substitute “Procurement Act 2023 (see section 2 of that Act) (whether or not the Act applies)”; (iv) after the definition of “relevant authority”, insert— “sub-central government authority” has the same meaning as in the Procurement Act 2023 (see Schedule 1 to that Act) (even though the Act does not apply); “utilities contract” has the same meaning as in the Procurement Act 2023 (see section 6 of that Act) ; (v) omit the definition of— (aa) “framework agreement”; (bb) “the Regulations”; (cc) “sub-central contracting authority”; (dd) “the UK e-notification service”; (f) for subsection (16), substitute— (16) For the purposes of this section references to a public services contract are to— (a) a public contract for the supply of services to which the Procurement Act 2023 applies (or which is treated as such a contract by that Act), other than a utilities contract, defence and security contract or concession contract; (b) a contract, not being a contract within paragraph (a), which— (i) is a light touch contract, (ii) is not an exempted contract, a utilities contract, a defence and security contract or a concession contract, and (iii) falls within subsection (17). (17) A contract falls within this subsection if— (a) it is awarded by a central government authority and is estimated to be of a value equal to or greater than the threshold amount mentioned in row 11 of the table in paragraph 1(1) of Schedule 1 to the Procurement Act 2023, or (b) it is awarded by a sub-central government authority and is estimated to be of a value equal to or greater than the threshold amount mentioned in row 12 of that table. .

Your change, as a redline

7 Amendment of the Public Services (Social Value) Act 2012

(1) The Public Services (Social Value) Act 2012 is amended as follows. (2) In section 1 (contracts of relevant authorities)— (a) in subsection (1)— (i) in paragraph (a), for “framework agreement” substitute “framework”; (ii) in paragraph (b)— (aa) for “framework agreement” substitute “framework”; (bb) for “the agreement” substitute “the framework”; (b) in subsection (2)— (i) in paragraph (a)— (aa) for “submitting a notice to the UK e-notification service” substitute “publishing a notice under the Procurement Act 2023”; (bb) for “framework agreement” substitute “framework”; (ii) in paragraphs (b), (c), (d) and (e), for “framework agreement” substitute “framework”; (c) in subsection (4), for “framework agreement” substitute “framework”; (d) in subsection (10), for “Regulations” substitute “Procurement Act 2023”; (e) in subsection (15)— (i) in the definition of “central government authority”, for “Regulations (even though the Regulations do not apply)” substitute “Procurement Act 2023 (see Schedule 1 to that Act) (even though the Act does not apply)”; (ii) after the definition of “central government authority”, insert— “concession contract” has the same meaning as in the Procurement Act 2023 (see section 8 of that Act); “defence and security contract” has the same meaning as in the Procurement Act 2023 (see section 7 of that Act); “exempted contract” is a contract that would be considered an exempted contract for the purposes of Schedule 2 (exempted contracts) to the Procurement Act 2023 (even though that Act does not apply); “framework” has the same meaning as in the Procurement Act 2023 (see section 45 of that Act) (whether or not the Act applies), and a reference to a contract based on a framework is a reference to a contract entered into on terms established by such an arrangement; “light touch contract” has the same meaning as in the Procurement Act 2023 (see section 9 of that Act) (even though the Act does not apply); “public contract” has the same meaning as in the Procurement Act 2023 (see section 3 of that Act); ; (iii) in the definition of “relevant authority”, for “Regulations (whether or not the Regulations apply)” substitute “Procurement Act 2023 (see section 2 of that Act) (whether or not the Act applies)”; (iv) after the definition of “relevant authority”, insert— “sub-central government authority” has the same meaning as in the Procurement Act 2023 (see Schedule 1 to that Act) (even though the Act does not apply); “utilities contract” has the same meaning as in the Procurement Act 2023 (see section 6 of that Act) ; (v) omit the definition of— (aa) “framework agreement”; (bb) “the Regulations”; (cc) “sub-central contracting authority”; (dd) “the UK e-notification service”; (f) for subsection (16), substitute— (16) For the purposes of this section references to a public services contract are to— (a) a public contract for the supply of services to which the Procurement Act 2023 applies (or which is treated as such a contract by that Act), other than a utilities contract, defence and security contract or concession contract; (b) a contract, not being a contract within paragraph (a), which— (i) is a light touch contract, (ii) is not an exempted contract, a utilities contract, a defence and security contract or a concession contract, and (iii) falls within subsection (17). (17) A contract falls within this subsection if— (a) it is awarded by a central government authority and is estimated to be of a value equal to or greater than the threshold amount mentioned in row 11 of the table in paragraph 1(1) of Schedule 1 to the Procurement Act 2023, or (b) it is awarded by a sub-central government authority and is estimated to be of a value equal to or greater than the threshold amount mentioned in row 12 of that table. .

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