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

Amendment of the Greater London Authority Act 1999

5.—(1) The Greater London Authority Act 1999(1) is amended as follows.

(2) In section 355(2) (duties of waste collection authorities etc.), in subsection (8)—

(a) in paragraph (a), for “Public Procurement Regulations” substitute “Procurement Act 2023”;

(b) for paragraph (b) (but not the “and” after it) substitute—

“(b) in compliance with that Act the authority publishes or provides(3) the tender notice relating to the awarding of that contract,”;

(c) in paragraph (c), for “submits” substitute “publishes or provides”.

(3) In section 356(4) (directions by the Mayor), in subsection (3A)—

(a) in paragraph (a), for “Public Procurement Regulations” substitute “Procurement Act 2023”;

(b) for paragraph (b) substitute—

“(b) in compliance with that Act the authority publishes or provides the tender notice relating to the awarding of that contract.”.

(4) In section 358(5) (information about new waste contracts)—

(a) for subsection (1ZA) substitute—

“(1ZA) Subsection (1A) applies if, in the awarding of a waste contract, a waste authority in compliance with the Procurement Act 2023 decides to publish a planned procurement notice relating to the awarding of the contract.”;

(b) in subsection (1A), in the words before paragraph (a) and in paragraph (a), omit “submit or”;

(c) for subsection (1BA) substitute—

“(1BA) Subsection (1C) applies if, in the awarding of a waste contract, a waste authority in compliance with the Procurement Act 2023—

(a) has decided not to publish a planned procurement notice relating to the awarding of the contract, but

(b) decides to publish or provide a tender notice relating to the awarding of the contract.”;

(d) in subsection (1C), in the words before paragraph (a) and in paragraph (a), for “submit” substitute “publish or provide”;

(e) in subsection (2), for “Public Procurement Regulations” substitute “Procurement Act 2023”.

(5) In section 359(6) (confidential information about waste contracts), in subsection (1)—

(a) at the end of paragraph (b), insert “(“confidentiality requirements”)”;

(b) for paragraph (c) (but not the “and” after it) substitute—

“(c) the waste authority is, by virtue of provision contained in section 94 of the Procurement Act 2023 or in regulations made under that Act, not required to comply with an obligation that, apart from that provision, would otherwise apply to publish or disclose the information under that Act,”;

(c) in paragraph (d), for “that duty” substitute “the confidentiality requirements”.

(6) In section 360(7) (interpretation of sections 353 to 359), in subsection (2)—

(a) omit the definition of—

(i) “buyer profile”;

(ii) “concession notice”;

(iii) “contract notice”;

(iv) “periodic indicative notice”;

(v) “prior information notice”;

(vi) “the Public Procurement Regulations”;

(vii) “qualification system notice”;

(viii) “the UK e-notification service”;

(b) after the definition of “the national waste management plan”, insert—

““planned procurement notice” has the same meaning as in section 15(2) of the Procurement Act 2023,”;

(c) after the definition of “recovery”, insert—

““tender notice” has the same meaning as in section 21(2) of the Procurement Act 2023,”.

(1)

1999 c. 29.

(2)

Section 355(8) was inserted by S.I. 2015/102 and amended by S.I. 2016/275 and 2020/1319.

(3)

See 40 of the Procurement Act 2023 for circumstances when a contracting authority may provide, rather than publish, a tender notice.

(4)

Section 356(3A) was inserted by S.I. 2015/102 and amended by S.I. 2016/275 and 2020/1319.

(5)

Subsections (1ZA) and (1BA) of section 358 were inserted by S.I. 2015/102 and amended by S.I. 2016/275 and 2020/1319; subsection (1A) and (1C) of section 358 were inserted by the Greater London Authority Act 2007 (c. 24), sections 39(1) to (3) and amended by S.I. 2015/102 and 2020/1319.

(6)

Section 359(1)(c) was amended by S.I. 2015/102 and 2016/275.

(7)

Section 360(2) was amended by the Greater London Authority Act 2007 (c. 24), section 39(7), S.I. 2015/102, 2016/275 and 2020/1319; there are other amending instruments but none is relevant.