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

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.