The Public Procurement (Amendment etc.) (EU Exit) (No. 2) Regulations 2019

Amendment of the Public Procurement (Amendment etc.) (EU Exit) Regulations 2019

2.—(1) The Public Procurement (Amendment etc.) (EU Exit) Regulations 2019(1) are amended as follows.

(2) In regulation 1 (citation, commencement and transitional and saving provision)—

(a) in paragraph (2), for “and 10” substitute “10 and 21”;

(b) in paragraph (3)—

(i) for “8 and 10” substitute “8, 10 and 21”;

(ii) for “eight” substitute “18”.

(3) In regulation 5 (amendments to the Public Contracts Regulations 2015(2) that are commenced on exit day)—

(a) in paragraph (20) (amendment of regulation 25 which concerns conditions relating to the GPA and other international agreements)—

(i) omit sub-paragraph (a);

(ii) in sub-paragraph (b)—

(aa) for paragraph (i) substitute—

“(i) for “is bound” substitute “was, immediately before exit day, bound”;”;

(bb) omit paragraph (ii);

(b) in paragraph (45) (amendment of regulation 68 which concerns life-cycle costing), in sub-paragraph (a), for paragraph (ii) substitute—

“(ii) for “is bound” substitute “was, immediately before exit day, bound”;”;

(c) in paragraph (58) (amendment of regulation 90 which concerns the duty owed to economic operators from certain states)—

(i) in sub-paragraph (a)(i)(bb), for “Condition 1 or Condition 2” substitute “Condition 1, Condition 2 or Condition 3”;

(ii) for sub-paragraph (c) substitute—

“(c) in paragraph (3)—

(i) for the words from the beginning to “applies if” substitute “Condition 3 is that”;

(ii) in sub-paragraph (a)—

(aa) for “there is” substitute “immediately before exit day there was”;

(bb) for “is bound” substitute “was bound”;

(ca) after paragraph (3) insert—

“(3A) Paragraph (3)(b) is to be applied as if the United Kingdom were a member State.”;”.

(4) In the heading to regulation 6 (amendments commenced eight months after exit day), for “eight” substitute “18”.

(5) In regulation 7 (amendments to the Concession Contracts Regulations 2016(3) that are commenced on exit day), in paragraph (28) (amendment of regulation 51 which concerns the duty owed to economic operators from certain states)—

(a) in sub-paragraph (a)(i)(bb), for “Condition 1 or Condition 2” substitute “Condition 1, Condition 2 or Condition 3”;

(b) for sub-paragraph (c) substitute—

“(c) in paragraph (3)—

(i) for the words from the beginning to “applies if” substitute “Condition 3 is that”;

(ii) in sub-paragraph (a)—

(aa) for “there is” substitute “immediately before exit day there was”;

(bb) for “is bound” substitute “was bound”;

(ca) after paragraph (3) insert—

“(3A) Paragraph (3)(b) is to be applied as if the United Kingdom were a member State.”;”.

(6) In the heading to regulation 8 (amendment commenced eight months after exit day), for “eight” substitute “18”.

(7) In regulation 9 (amendments to the Utilities Contracts Regulations 2016(4) that are commenced on exit day)—

(a) in paragraph (28) (amendment of regulation 43 which concerns conditions relating to the GPA and other international agreements)—

(i) omit sub-paragraph (a);

(ii) in sub-paragraph (b)—

(aa) for paragraph (i) substitute—

“(i) for “is bound” substitute “was, immediately before exit day, bound”;”;

(bb) omit paragraph (ii);

(b) in paragraph (47) (amendment of regulation 83 which concerns life-cycle costing), in sub-paragraph (a), for paragraph (ii) substitute—

“(ii) for “is bound” substitute “was, immediately before exit day, bound”;”;

(c) in paragraph (60) (amendment of regulation 105 which concerns the duty owed to economic operators from certain states)—

(i) in sub-paragraph (a)(i)(bb), for “Condition 1 or Condition 2” substitute “Condition 1, Condition 2 or Condition 3”;

(ii) for sub-paragraph (c) substitute—

“(c) in paragraph (3)—

(i) for the words from the beginning to “applies if” substitute “Condition 3 is that”;

(ii) in sub-paragraph (a)—

(aa) for “there is” substitute “immediately before exit day there was”;

(bb) for “is bound” substitute “was bound”;

(ca) after paragraph (3) insert—

“(3A) Paragraph (3)(b) is to be applied as if the United Kingdom were a member State.”;”.

(8) In the heading to regulation 10 (amendments commenced eight months after exit day), for “eight” substitute “18”.

(9) In regulation 21 (cessation of rights etc under certain international agreements), in paragraph (1), in the words after sub-paragraph (b), for “on exit day” substitute “when this regulation comes into force”.

(10) In the Schedule (transitional and saving provision)—

(a) in paragraph 3(2)—

(i) in paragraph (a), omit sub-paragraph (ii);

(ii) in paragraph (c), omit sub-paragraph (i);

(b) omit paragraph 9.

(1)

S.I. 2019/560.

(2)

S.I. 2015/102, amended by S.I. 2016/275; there are other amending instruments but none is relevant.

(3)

S.I. 2016/273.

(4)

S.I. 2016//274, to which there are amendments not relevant to these Regulations.