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The Public Contracts Regulations 2015

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Changes over time for: Section 108

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Changes to legislation:

The Public Contracts Regulations 2015, Section 108 is up to date with all changes known to be in force on or before 23 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to Regulation 108:

  • Regulations revoked by 2023 c. 54 Sch. 11 para. 5
  • reg. 108(1)(a) word substituted by S.I. 2019/560 reg. 5(62)(a)(i) (This amendment not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319, regs. 1(3), 2(a))
  • reg. 108(1)(a) words substituted by S.I. 2019/560 reg. 5(62)(a)(ii) (This amendment not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319, regs. 1(3), 2(a))
  • reg. 108(5) words substituted by S.I. 2019/560 reg. 5(62)(b)(i) (This amendment not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319, regs. 1(3), 2(a))
  • reg. 108(5) words substituted by S.I. 2019/560 reg. 5(62)(b)(ii) (This amendment not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319, regs. 1(3), 2(a))
  • reg. 108(5) words substituted by S.I. 2019/560 reg. 5(62)(b)(iii) (This amendment not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319, regs. 1(3), 2(a))
  • reg. 108(7) words substituted by S.I. 2019/560 reg. 5(62)(c) (This amendment not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319, regs. 1(3), 2(a))
  • reg. 108(8) word substituted by S.I. 2019/560 reg. 5(62)(d)(i) (This amendment not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319, regs. 1(3), 2(a))
  • reg. 108(8) words substituted by S.I. 2019/560 reg. 5(62)(d)(ii) (This amendment not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319, regs. 1(3), 2(a))

Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:

Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):

  • reg. 6(15A) words omitted by S.I. 2023/506 reg. 2(3)(a) (This amendment not applied to legislation.gov.uk. S.I. 2023/506 revoked before coming into force by The Public Procurement (International Trade Agreements) (Amendment) (Wales) (No. 2) Regulations 2023 (S.I. 2023/567), regs. 1(2), 6)
  • reg. 10(1)(d)(i)(aa) words substituted by S.I. 2019/560 reg. 5(9)(a)(i) (This amendment not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319, regs. 1(3), 2(a))
  • reg. 10(1)(d)(i)(bb) words substituted by S.I. 2019/560 reg. 5(9)(a)(ii) (This amendment not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319, regs. 1(3), 2(a))
  • reg. 18(4) words omitted by S.I. 2023/506 reg. 2(4) (This amendment not applied to legislation.gov.uk. S.I. 2023/506 revoked before coming into force by The Public Procurement (International Trade Agreements) (Amendment) (Wales) (No. 2) Regulations 2023 (S.I. 2023/567), regs. 1(2), 6)

Publication of information on Contracts Finder about contracts awardedU.K.

This section has no associated Explanatory Memorandum

108.—(1) Paragraph (2) applies where a contracting authority—

(a)[F1submits] a contract award notice to the [F2UK e-notification service] for publication; or

(b)awards a contract based on a framework agreement.

(2) In those circumstances, the contracting authority shall cause at least the following information to be published on Contracts Finder:—

(a)the name of the contractor;

(b)the date on which the contract was entered into;

(c)the value of the contract.

(3) But the contracting authority may withhold information from publication where its release—

(a)would impede law enforcement or would otherwise be contrary to the public interest,

(b)would prejudice the legitimate commercial interests of a particular economic operator, whether public or private, or

(c)might prejudice fair competition between economic operators.

(4) Contracting authorities shall comply with paragraph (2) within a reasonable time.

(5) But where a contracting authority [F3submits, or intends to submit], a contract award notice to the [F4UK e-notification service] for publication, the contracting authority shall not cause the information to be published on Contracts Finder [F5before the notice is published on the UK e-notification service].

(6) In complying with this regulation, contracting authorities shall have regard to any guidance issued by the Minister for the Cabinet Office on—

(a)the form and manner in which the information is to be published on Contracts Finder; and

(b)what is a reasonable time (having regard, where relevant, to paragraph (5)) for the purposes of paragraph (4).

(7) Paragraph (8) applies if such guidance confirms that, for the time being, arrangements have been put in place by or on behalf of the Cabinet Office under which the information referred to in paragraph (2) will, without further action by contracting authorities, be extracted and published on Contracts Finder following the publication of contract notices [F6on the UK e-notification service].

(8) In those circumstances, contracting authorities shall be deemed to have complied with paragraph (2) by virtue of [F7submitting] a contract award notice to the [F8UK e-notification service] for publication in accordance with regulation 51.

(9) In this regulation, “contract award notice” means a contract award notice referred to in regulation 50 or 75(3).

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