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

Amendment of the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013

17.—(1) The Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013(1) 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.

(1)

S.I. 2013/1582, as amended by S.I. 2015/102, 2016/275 and 2020/1319; there are other amending instruments but none is relevant.