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

Part 6 Transitional Provisions

Transitional provision in respect of the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013

33.—(1) Nothing in regulation 17 (amendment of the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013) affects—

(a) any contract award procedure commenced, but not yet awarded, before 24th February 2025;

(b) any contract awarded in accordance with the Utilities Contracts Regulations 2016 (“the 2016 Regulations”), as modified by the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (“the 2013 Regulations”)—

(i) before 24th February 2025, or

(ii) on or after that date but where the award itself was not, by virtue of sub-paragraph (a), affected by these Regulations;

(c) the conclusion of any framework agreement where the procurement process commenced, but where the framework agreement was not concluded, before 24th February 2025;

(d) any framework agreement concluded in accordance with the 2016 Regulations, as modified by the 2013 Regulations—

(i) before 24th February 2025, or

(ii) on or after that date but where the conclusion of the framework agreement was not, by virtue of sub-paragraph (c), affected by these Regulations.

(2) For the purposes of paragraph (1)—

(a) a contract award procedure has been commenced before 24th February 2025 if, before that date, in accordance with regulation 6 (tender requirements and procedure) of the 2013 Regulations—

(i) an incumbent undertaker has contacted an economic operator to commence the negotiated procedure without prior call for competition in accordance with regulation 50(1)(a) (use of the negotiated procedure without prior call for competition) of the 2016 Regulations;

(ii) a notice on the existence of a qualification system required by regulation 68 (notices on the existence of a qualification system) of the 2016 Regulations has been submitted for publication in accordance with regulation 71 (publication on the UK e-notification service) of the 2016 Regulations, as modified by the 2013 Regulations;

(iii) a contract notice required by regulation 69 (contract notices) of the 2016 Regulations has been submitted for publication in accordance with regulation 71 of the 2016 Regulations, as modified by the 2013 Regulations;

(b) the procurement process for a framework agreement has been commenced before the 24th February 2025 if, before that date a contract notice required by regulation 69 of the 2016 Regulations has been submitted for publication in accordance with regulation 71 of the 2016 Regulations, as modified by the 2013 Regulations.

(3) In this regulation—

(a) “an incumbent undertaker” has the same meaning as in the 2013 Regulations, and

(b) any other terms have the same meaning as in the 2016 Regulations as they had effect immediately before 24th February 2025.

Transitional provision in respect of the Health Care Services (Provider Selection Regime) Regulations 2023

34.—(1) Nothing in regulation 28 (amendment of the Health Care Services (Provider Selection Regime) Regulations 2023) affects—

(a) any contract award procedure commenced, but not yet awarded, before 24th February 2025;

(b) any contract awarded in accordance with the Health Care Services (Provider Selection Regime) Regulations 2023 (“the 2023 Regulations”) before—

(i) 24th February 2025, or

(ii) on or after that date but where the award itself was not, by virtue of sub-paragraph (a), affected by these Regulations;

(c) the conclusion of any framework agreement where the procurement process commenced, but where the framework agreement was not concluded, before 24th February 2025;

(d) any framework agreement concluded in accordance with the 2023 Regulations—

(i) before 24th February 2025, or

(ii) on or after that date but where the conclusion of the framework agreement was not, by virtue of sub-paragraph (c), affected by these Regulations.

(2) For the purposes of paragraph (1)—

(a) a contract award procedure has been commenced before 24th February 2025 if, before that date—

(i) a relevant authority has contacted a provider in order to commence Direct Award Process A or Direct Award Process B;

(ii) notice of intention to make an award under Direct Award Process C has been submitted to the UK e-notification service for publication in accordance with regulation 9 (Direct Award Process C) of the 2023 Regulations;

(iii) notice of intention to follow the Most Suitable Provider Process has been submitted to the UK e-notification service for publication in accordance with regulation 10 (the Most Suitable Provider Process) of the 2023 Regulations;

(iv) notice inviting offers in accordance with the Competitive Process has been submitted to the UK e-notification service for publication in accordance with regulation 11 (the Competitive Process) of the 2023 Regulations;

(b) the procurement process for a framework agreement has been commenced before the 24th February 2025 if, before that date, notice inviting offers in accordance with the Competitive Process has been submitted to the UK e-notification service for publication in accordance with regulation 11 of the 2023 Regulations.

(3) In this regulation—

(a) the following have the same meaning as in the 2023 Regulations—

(i) Competitive Process;

(ii) Direct Award Process A;

(iii) Direct Award Process B;

(iv) Direct Award Process C;

(v) framework agreement;

(vi) Most Suitable Provider Process;

(vii) provider;

(viii) UK e-notification service;

(b) “relevant authority” has the same meaning as in section 12ZB(7) of the National Health Service Act 2006(1).

(1)

2006 c. 41, section 12ZB was inserted by section 79 of the Health and Care Act 2022 (c. 31) and amended by paragraph 164 of Schedule 4 to the Levelling-Up and Regeneration Act 2023 (c. 55).