The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Provision) Regulations 2024

Amendment of the Public Contracts Regulations 2015

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

(2) In regulation 2(1) (definitions) omit the definition of “the Retained Treaties”.

(3) In regulation 9 (public contracts awarded, and design contests organised, pursuant to international rules), in paragraph (1)(a) omit “, concluded in conformity with the Retained Treaties,”.

(4) In regulation 11 (service contracts awarded on the basis of an exclusive right), omit from “which is compatible with” to the end.

(5) In regulation 12 (public contracts between entities in the public sector)—

(a) in paragraph (1)(c), omit “, in conformity with the Retained Treaties,”;

(b) in the words following paragraph (2)(b), omit “, in conformity with the Retained Treaties,”;

(c) in paragraph (4)(c), omit “, in conformity with the Retained Treaties,”.

(6) In regulation 17 (public contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules), in paragraph (1)(a), omit “, concluded in conformity with the Retained Treaties,”.

(7) In regulation 42 (technical specifications)—

(a) in paragraph (9), for “retained EU law” substitute “assimilated law”;

(b) in paragraph (11), for “retained EU law” substitute “assimilated law”.

(8) In regulation 89(1) (duty owed to economic operators from the United Kingdom and Gibraltar)—

(a) omit “and” at the end of sub-paragraph (a);

(b) omit sub-paragraph (b).

(1)

S.I. 2015/102. The definition of “the Retained Treaties” in regulation 2(1) was inserted, and regulations 9(1)(a), 11, 12, 17(1)(a), 42(9) and (11) were amended, by S.I. 2020/1319. Regulation 89 was amended by S.I. 2016/275 and 2020/1319.