xmlns:atom="http://www.w3.org/2005/Atom"

This Statutory Instrument has been printed partially to correct errors in S.I. 2021/573 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

2021 No. 872

Public Procurement

The Public Procurement (Agreement on Government Procurement) (Amendment) (No. 2) Regulations 2021

Made

20th July 2021

Laid before Parliament

21st July 2021

Coming into force

16th August 2021

The Minister for the Cabinet Office makes these Regulations in exercise of the powers conferred by sections 1(1)(a), 1(1)(b)(iv), and 4(1)(c) of the Trade Act 2021(1).

PART 1General

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Public Procurement (Agreement on Government Procurement) (Amendment) (No. 2) Regulations 2021 and come into force on 16th August 2021.

(2) The amendments made by these Regulations have the same extent as the provisions to which they relate.

PART 2Amendment of United Kingdom Secondary Legislation

Amendments to the Public Contracts Regulations 2015

2.—(1) The Public Contracts Regulations 2015(2) are amended as follows.

(2) In regulation 2 (definitions), in paragraph (1), in the definition of “GPA”, for “the United Kingdom’s accession” substitute “16th May 2021”.

(3) For Schedule 1 (central government authorities), substitute the Schedule contained in Schedule 1 to these Regulations.

Amendments to the Concession Contracts Regulations 2016

3.—(1) The Concession Contracts Regulations 2016(3) are amended as follows.

(2) In regulation 2 (interpretation), in paragraph (1), in the definition of “GPA”, for “the United Kingdom’s accession” substitute “16th May 2021”.

(3) In regulation 51A (duty owed to economic operators from GPA parties), for paragraph (3) substitute—

“(3) In this regulation, “relevant time” means the date on which the contracting authority or utility submitted a concession notice in respect of the concession contract to the UK e-notification service or would have done so if it had been required by these Regulations to do so.”.

Amendment to the Utilities Contracts Regulations 2016

4.—(1) The Utilities Contracts Regulations 2016(4) are amended as follows.

(2) In regulation 2 (definitions), in paragraph (1), in the definition of “GPA”, for “the United Kingdom’s accession” substitute “16th May 2021”.

PART 3Amendment of Scottish Secondary Legislation

Amendments to the Public Contracts (Scotland) Regulations 2015

5.—(1) The Public Contracts (Scotland) Regulations 2015(5) are amended as follows.

(2) In regulation 2 (interpretation), in paragraph (1), in the definition of “GPA”, for “the United Kingdom’s accession” substitute “16th May 2021”.

(3) For Schedule 1 (central government authorities), substitute the Schedule contained in Schedule 2 to these Regulations.

Amendment to the Utilities Contracts (Scotland) Regulations 2016

6.—(1) The Utilities Contracts (Scotland) Regulations 2016(6) are amended as follows.

(2) In regulation 2 (interpretation), in paragraph (1), in the definition of “GPA”, for “the United Kingdom’s accession” substitute “16th May 2021”.

Amendments to the Concession Contracts (Scotland) Regulations 2016

7.—(1) The Concession Contracts (Scotland) Regulations 2016(7) are amended as follows.

(2) In regulation 2 (interpretation), in paragraph (1), in the definition of “GPA”, for “the United Kingdom’s accession” substitute “16th May 2021”.

(3) In regulation 51A (duty owed to economic operators from GPA parties), for paragraph (3) substitute—

“(3) In this regulation, “relevant time” means the date on which the contracting entity submitted a concession notice in respect of the concession contract to the UK e-notification service or would have done so if it had been required by these Regulations to do so.”.

Julia Lopez

Parliamentary Under Secretary of State

Cabinet Office

20th July 2021

Regulation 2(3)

SCHEDULE 1

Regulation 2(1)

“SCHEDULE 1CENTRAL GOVERNMENT AUTHORITIES

Where an entity listed in this Schedule is succeeded by another entity, which is itself a contracting authority, the successor entity shall be deemed to be included in this Schedule.

PART 1GPA ANNEX 1 CONTRACTING AUTHORITIES(8)

PART 2OTHER CENTRAL GOVERNMENT CONTRACTING AUTHORITIES

Regulation 5(3)

SCHEDULE 2

Regulation 2(1)

“SCHEDULE 1CENTRAL GOVERNMENT AUTHORITIES

Where an entity listed in this Schedule is succeeded by another entity, which is itself a contracting authority, the successor entity shall be deemed to be included in this Schedule.

PART 1GPA ANNEX 1 CONTRACTING AUTHORITIES(9)

PART 2OTHER CENTRAL GOVERNMENT CONTRACTING AUTHORITIES

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to various United Kingdom and Scottish public procurement regulations for the purpose of implementing the Agreement on Government Procurement and in consequence of a modification of the list of central government entities in Annex 1 to the United Kingdom’s Appendix I to the Agreement. This includes consequential amendments. The amendments made by these Regulations are “steady state amendments”, as that term is defined in the Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319) and the Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468) (“the EU Exit SIs”). As such, in accordance with the transitional provisions in the EU Exit SIs, these amendments do not affect any procedure (as that term is defined in the Schedules to the EU Exit SIs) launched before but not yet finalised by IP completion day. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen

(1)

2021 c. 10. See the definition of “appropriate authority” in section 5(1).

(2)

S.I. 2015/102, as amended by S.I. 2016/275, S.I. 2020/1319, S.I. 2021/573 and S.I. 2021/787; there are other amending instruments but none is relevant.

(5)

S.S.I. 2015/446, as amended by S.S.I 2016/47, S.S.I. 2020/468, S.I. 2021/573 and S.I. 2021/787.

(8)

Cmnd. 487

(9)

Cmnd. . 487