This Statutory Instrument has been printed partially to correct errors in S.I. 2021/573 and is being issued free of charge to all known recipients of that Statutory Instrument.
2021 No. 872
The Public Procurement (Agreement on Government Procurement) (Amendment) (No. 2) Regulations 2021
Made
Laid before Parliament
Coming into force
The Minister for the Cabinet Office makes these Regulations in exercise of the powers conferred by sections 1(1)(a), 1(1)(b)(iv), and 4(1)(c) of the Trade Act 20211.
PART 1General
Citation, commencement and extent1
1
These Regulations may be cited as the Public Procurement (Agreement on Government Procurement) (Amendment) (No. 2) Regulations 2021 and come into force on 16th August 2021.
2
The amendments made by these Regulations have the same extent as the provisions to which they relate.
PART 2Amendment of United Kingdom Secondary Legislation
Amendments to the Public Contracts Regulations 20152
1
The Public Contracts Regulations 20152 are amended as follows.
2
In regulation 2 (definitions), in paragraph (1), in the definition of “GPA”, for “the United Kingdom’s accession” substitute “16th May 2021”.
3
For Schedule 1 (central government authorities), substitute the Schedule contained in Schedule 1 to these Regulations.
Amendments to the Concession Contracts Regulations 20163
1
The Concession Contracts Regulations 20163 are amended as follows.
2
In regulation 2 (interpretation), in paragraph (1), in the definition of “GPA”, for “the United Kingdom’s accession” substitute “16th May 2021”.
3
In regulation 51A (duty owed to economic operators from GPA parties), for paragraph (3) substitute—
3
In this regulation, “relevant time” means the date on which the contracting authority or utility submitted a concession notice in respect of the concession contract to the UK e-notification service or would have done so if it had been required by these Regulations to do so.
Amendment to the Utilities Contracts Regulations 20164
1
The Utilities Contracts Regulations 20164 are amended as follows.
2
In regulation 2 (definitions), in paragraph (1), in the definition of “GPA”, for “the United Kingdom’s accession” substitute “16th May 2021”.
PART 3Amendment of Scottish Secondary Legislation
Amendments to the Public Contracts (Scotland) Regulations 20155
1
The Public Contracts (Scotland) Regulations 20155 are amended as follows.
2
In regulation 2 (interpretation), in paragraph (1), in the definition of “GPA”, for “the United Kingdom’s accession” substitute “16th May 2021”.
3
For Schedule 1 (central government authorities), substitute the Schedule contained in Schedule 2 to these Regulations.
Amendment to the Utilities Contracts (Scotland) Regulations 20166
1
The Utilities Contracts (Scotland) Regulations 20166 are amended as follows.
2
In regulation 2 (interpretation), in paragraph (1), in the definition of “GPA”, for “the United Kingdom’s accession” substitute “16th May 2021”.
Amendments to the Concession Contracts (Scotland) Regulations 20167
1
The Concession Contracts (Scotland) Regulations 20167 are amended as follows.
2
In regulation 2 (interpretation), in paragraph (1), in the definition of “GPA”, for “the United Kingdom’s accession” substitute “16th May 2021”.
3
In regulation 51A (duty owed to economic operators from GPA parties), for paragraph (3) substitute—
3
In this regulation, “relevant time” means the date on which the contracting entity submitted a concession notice in respect of the concession contract to the UK e-notification service or would have done so if it had been required by these Regulations to do so.
SCHEDULE 1
SCHEDULE 1CENTRAL GOVERNMENT AUTHORITIES
Where an entity listed in this Schedule is succeeded by another entity, which is itself a contracting authority, the successor entity shall be deemed to be included in this Schedule.
PART 1GPA ANNEX 1 CONTRACTING AUTHORITIES8
Attorney General’s Office
Government Legal Department
Cabinet Office
Office of the Parliamentary Counsel
Boundary Commission for England
Crown Commercial Service
Charity Commission
Crown Estate – Vote Expenditure Only
Crown Prosecution Service
Department for Business, Energy and Industrial Strategy
Competition Appeal Tribunal
Competition and Markets Authority
Competition Service
Intellectual Property Office
Nuclear Decommissioning Authority
Metrological Office (known as “Met Office”)
Office of Manpower Economics
Oil and Gas Authority
UK Research and Innovation
Department for Education
Office for Students
Ministry of Housing, Communities and Local Government
Department for Digital, Culture, Media and Sport
Arts Council England
British Library
British Museum
The Gambling Commission
Historic Buildings and Monuments Commission for England (known as “Historic England”)
Imperial War Museum
National Gallery
National Maritime Museum
National Portrait Gallery
Natural History Museum
Board of Trustees of the Science Museum (known as “Science Museum Group”)
Tate Gallery
Victoria and Albert Museum
Wallace Collection
Department for Environment, Food and Rural Affairs
Natural England
Plant Variety Rights Office
Royal Botanic Gardens, Kew
Department of Health and Social Care
NHS Business Services Authority
NHS Commissioning Board (known as “NHS England”)
NHS Trusts
NHS Foundation Trusts
Department for International Trade
Department for Transport
Maritime and Coastguard Agency
Highways England Company Ltd (known as “Highways England”)
Department for Work and Pensions
Office of Nuclear Regulation
Pensions Regulator
Social Security Advisory Committee
Export Credits Guarantee Department (known as “UK Export Finance”)
Foreign, Commonwealth and Development Office
Wilton Park
Government Actuary’s Department
Government Communications Headquarters
Home Office
HM Inspectorate of Constabulary and Fire & Rescue Services
Corporate Officer of the House of Commons
Corporate Officer of the House of Lords
Ministry of Defence
Defence Equipment & Support
Ministry of Justice
Court of Appeal (England and Wales)
Employment Appeals Tribunal
Employment Tribunals
First-tier Tribunal
Her Majesty’s Courts and Tribunals Service
Law Commission
Legal Aid Agency – England and Wales
Office of the Official Solicitor to the Senior Courts and the Public Trustee
Office of the Public Guardian
Parole Board
UK Supreme Court
Upper Tribunal
The National Archives
National Audit Office
National Savings and Investments
Northern Ireland Assembly Commission
Northern Ireland Ministers
Agricultural Wages Board for Northern Ireland
Attorney General for Northern Ireland
Department of Agriculture, Environment and Rural Affairs
Department for Communities
Department for the Economy
Consumer Council Northern Ireland (with respect only to the functions transferred from the National Consumer Council which were themselves transferred from the Gas and Electricity Consumer Council)
Department of Education
Department of Finance
Department of Health
Department for Infrastructure
Department of Justice
Coroners Service
County Courts
Court of Appeal and High Court of Justice in Northern Ireland
Crown Court
Enforcement of Judgements Office
Forensic Science Northern Ireland
Legal Service Agency Northern Ireland
Magistrates’ Courts
Pensions Appeals Tribunals (Northern Ireland)
Police Service of Northern Ireland
Probation Board for Northern Ireland
Office of the Social Security Commissioners and Child Support Commissioners (Northern Ireland)
State Pathologist’s Department
Executive Office
Northern Ireland Office
Office of the Chief Electoral Officer for Northern Ireland
Public Prosecution Service for Northern Ireland
Office for National Statistics
National Health Service Central Register
Parliamentary Works Sponsor Body
Parliamentary and Health Service Ombudsman
Postal business of the Post Office
Postal business of the Post Office
Privy Council Office
Restoration and Renewal Delivery Authority Ltd
HM Revenue and Customs
Royal Hospital, Chelsea
Royal Mint
Rural Payments Agency
Scotland, Auditor-General
Scotland, Crown Office and Procurator Fiscal Service
Scotland, National Records of Scotland
Scotland, Queen’s and Lord Treasurer’s Remembrancer
Scotland, Registers of Scotland
The Scotland Office
The Scottish Ministers
Architecture and Design Scotland
Crofting Commission
Lands Tribunal for Scotland
National Galleries of Scotland
National Library of Scotland
National Museums of Scotland
Royal Botanic Garden, Edinburgh
Scottish Courts and Tribunals Service
Scottish Further and Higher Education Funding Council
Scottish Law Commission
Special Health Boards
Health Boards
The Office of the Accountant of Court
High Court of Justiciary
Court of Session
HM Inspectorate of Constabulary
Parole Board for Scotland
Pensions Appeal Tribunals (Scotland)
Scottish Land Court
Sheriff Courts
Scottish Natural Heritage
Scottish Police Authority
First-tier Tribunal for Scotland
Upper Tribunal for Scotland
Historic Environment Scotland
The Scottish Parliamentary Corporate Body
HM Treasury
United Kingdom Debt Management Office
The Wales Office – Office of the Secretary of State for Wales
The Welsh Ministers
Agricultural Dwelling House Advisory Committees (Wales)
Agricultural Land Tribunal for Wales
Higher Education Funding Council for Wales
Local Democracy and Boundary Commission for Wales
Rent Assessment Committee (Wales)
The Royal Commission on the Ancient and Historical Monuments of Wales
Valuation Tribunals for Wales
Welsh National Health Service Trusts and Local Health Boards
PART 2OTHER CENTRAL GOVERNMENT CONTRACTING AUTHORITIES
Agri-Food and Biosciences Institute
Armagh Observatory
Armagh Planetarium
Arts Council of Northern Ireland
Arts Council of Wales
Belfast Health and Social Care Trust
Belfast Metropolitan College
Care Council for Wales
Chief Inspector of Criminal Justice
Comhairle na Gaelscolaiochta
Commissioner for Children and Young People for Northern Ireland
Commissioner for Older People for Northern Ireland
Commissioner for Public Appointments for Northern Ireland
Commissioner for Victims and Survivors
Community Relations Council
Construction Industry Training Board – ConstructionSkills NI
Council for Catholic Maintained Schools
Council for the Curriculum, Examinations and Assessment
Education and Library Boards
Education Authority
Equality Commission for Northern Ireland
Exceptional Circumstances Body
General Teaching Council for Northern Ireland
Health and Safety Executive for Northern Ireland
Health and Social Care Regulation and Quality Improvement Authority
ILEX Urban Regeneration Company Limited
Invest Northern Ireland
Labour Relations Agency
Lay Observer for Northern Ireland
Livestock and Meat Commission for Northern Ireland
Local Government Staff Commission
Maze Long Kesh Development Corporation
Middletown Centre for Autism
National Library of Wales
National Museum Wales
National Museums Northern Ireland
Natural Resources Wales
North West Regional College
Northern Health and Social Care Trust
Northern Ireland Ambulance Service Trust
Northern Ireland Blood Transfusion Service
Northern Ireland Building Regulations Advisory Committee
Northern Ireland Council for Integrated Education
Northern Ireland Environment Agency
Northern Ireland Fire and Rescue Service
Northern Ireland Fishery Harbour Authority
Northern Ireland Guardian Ad Litem Agency
Northern Ireland Housing Executive
Northern Ireland Judicial Appointments Commission
Northern Ireland Law Commission
Northern Ireland Legal Services Commission
Northern Ireland Library Authority
Northern Ireland Local Government Officers’ Superannuation Committee
Northern Ireland Medical and Dental Training Agency
Northern Ireland Museums Council
Northern Ireland Policing Board
Northern Ireland Policing Fund
Northern Ireland Practice and Education Council for Nursing and Midwifery
Northern Ireland Prisoner Ombudsman
Northern Ireland Screen
Northern Ireland Social Care Council
Northern Ireland Tourist Board
Northern Ireland, Department for Social Development
Northern Regional College
Patient and Client Council
Planning and Water Appeals Commission
Police Ombudsman Northern Ireland
Police Retraining and Rehabilitation Trust
Public Service Commission for Northern Ireland
Regional Agency for Public Health and Social Well Being
Regional Business Services Organisation
Regional Health and Social Care Board
Revenue Scotland
RUC George Cross Foundation
South Eastern Health and Social Care Trust
South Eastern Regional College
South West College
Southern Health and Social Care Trust
Southern Regional College
Sport NI
Sport Wales
Staff Commission for Education and Library Boards
Statistics Advisory Committee
Stranmillis University College
Strategic Investment Board
The Charity Commission for Northern Ireland
The National Assembly for Wales Commission
The Welsh Revenue Authority
Ulster Supported Employment Limited
Victims and Survivors Service Ltd
Welsh Language Commissioner
Welsh NHS bodies
Western Health and Social Care Trust
Youth Council for Northern Ireland
SCHEDULE 2
SCHEDULE 1CENTRAL GOVERNMENT AUTHORITIES
Where an entity listed in this Schedule is succeeded by another entity, which is itself a contracting authority, the successor entity shall be deemed to be included in this Schedule.
PART 1GPA ANNEX 1 CONTRACTING AUTHORITIES9
Attorney General’s Office
Government Legal Department
Cabinet Office
Office of the Parliamentary Counsel
Boundary Commission for England
Crown Commercial Service
Charity Commission
Crown Estate – Vote Expenditure Only
Crown Prosecution Service
Department for Business, Energy and Industrial Strategy
Competition Appeal Tribunal
Competition and Markets Authority
Competition Service
Intellectual Property Office
Nuclear Decommissioning Authority
Metrological Office (known as “Met Office”)
Office of Manpower Economics
Oil and Gas Authority
UK Research and Innovation
Department for Education
Office for Students
Ministry of Housing, Communities and Local Government
Department for Digital, Culture, Media and Sport
Arts Council England
British Library
British Museum
The Gambling Commission
Historic Buildings and Monuments Commission for England (known as “Historic England”)
Imperial War Museum
National Gallery
National Maritime Museum
National Portrait Gallery
Natural History Museum
Board of Trustees of the Science Museum (known as “Science Museum Group”)
Tate Gallery
Victoria and Albert Museum
Wallace Collection
Department for Environment, Food and Rural Affairs
Natural England
Plant Variety Rights Office
Royal Botanic Gardens, Kew
Department of Health and Social Care
NHS Business Services Authority
NHS Commissioning Board (known as “NHS England”)
NHS Trusts
NHS Foundation Trusts
Department for International Trade
Department for Transport
Maritime and Coastguard Agency
Highways England Company Ltd (known as “Highways England”)
Department for Work and Pensions
Office of Nuclear Regulation
Pensions Regulator
Social Security Advisory Committee
Export Credits Guarantee Department (known as “UK Export Finance”)
Foreign, Commonwealth and Development Office
Wilton Park
Government Actuary’s Department
Government Communications Headquarters
Home Office
HM Inspectorate of Constabulary and Fire & Rescue Services
Corporate Officer of the House of Commons
Corporate Officer of the House of Lords
Ministry of Defence
Defence Equipment & Support
Ministry of Justice
Court of Appeal (England and Wales)
Employment Appeals Tribunal
Employment Tribunals
First-tier Tribunal
Her Majesty’s Courts and Tribunals Service
Law Commission
Legal Aid Agency – England and Wales
Office of the Official Solicitor to the Senior Courts and the Public Trustee
Office of the Public Guardian
Parole Board
UK Supreme Court
Upper Tribunal
The National Archives
National Audit Office
National Savings and Investments
Northern Ireland Assembly Commission
Northern Ireland Ministers
Agricultural Wages Board for Northern Ireland
Attorney General for Northern Ireland
Department of Agriculture, Environment and Rural Affairs
Department for Communities
Department for the Economy
Consumer Council Northern Ireland (with respect only to the functions transferred from the National Consumer Council which were themselves transferred from the Gas and Electricity Consumer Council)
Department of Education
Department of Finance
Department of Health
Department for Infrastructure
Department of Justice
Coroners Service
County Courts
Court of Appeal and High Court of Justice in Northern Ireland
Crown Court
Enforcement of Judgements Office
Forensic Science Northern Ireland
Legal Service Agency Northern Ireland
Magistrates’ Courts
Pensions Appeals Tribunals (Northern Ireland)
Police Service of Northern Ireland
Probation Board for Northern Ireland
Office of the Social Security Commissioners and Child Support Commissioners (Northern Ireland)
State Pathologist’s Department
Executive Office
Northern Ireland Office
Office of the Chief Electoral Officer for Northern Ireland
Public Prosecution Service for Northern Ireland
Office for National Statistics
National Health Service Central Register
Parliamentary Works Sponsor Body
Parliamentary and Health Service Ombudsman
Postal business of the Post Office
Privy Council Office
Restoration and Renewal Delivery Authority Ltd
HM Revenue and Customs
Royal Hospital, Chelsea
Royal Mint
Rural Payments Agency
Scotland, Auditor-General
Scotland, Crown Office and Procurator Fiscal Service
Scotland, National Records of Scotland
Scotland, Queen’s and Lord Treasurer’s Remembrancer
Scotland, Registers of Scotland
The Scotland Office
The Scottish Ministers
Architecture and Design Scotland
Crofting Commission
Lands Tribunal for Scotland
National Galleries of Scotland
National Library of Scotland
National Museums of Scotland
Royal Botanic Garden, Edinburgh
Scottish Courts and Tribunals Service
Scottish Further and Higher Education Funding Council
Scottish Law Commission
Special Health Boards
Health Boards
The Office of the Accountant of Court
High Court of Justiciary
Court of Session
HM Inspectorate of Constabulary
Parole Board for Scotland
Pensions Appeal Tribunals (Scotland)
Scottish Land Court
Sheriff Courts
Scottish Natural Heritage
Scottish Police Authority
First-tier Tribunal for Scotland
Upper Tribunal for Scotland
Historic Environment Scotland
The Scottish Parliamentary Corporate Body
HM Treasury
United Kingdom Debt Management Office
The Wales Office – Office of the Secretary of State for Wales
The Welsh Ministers
Agricultural Dwelling House Advisory Committees (Wales)
Agricultural Land Tribunal for Wales
Higher Education Funding Council for Wales
Local Democracy and Boundary Commission for Wales
Rent Assessment Committee (Wales)
The Royal Commission on the Ancient and Historical Monuments of Wales
Valuation Tribunals for Wales
Welsh National Health Service Trusts and Local Health Boards
PART 2OTHER CENTRAL GOVERNMENT CONTRACTING AUTHORITIES
Agri-Food and Biosciences Institute
Armagh Observatory
Armagh Planetarium
Arts Council of Northern Ireland
Arts Council of Wales
Belfast Health and Social Care Trust
Belfast Metropolitan College
Care Council for Wales
Chief Inspector of Criminal Justice
Comhairle na Gaelscolaiochta
Commissioner for Children and Young People for Northern Ireland
Commissioner for Older People for Northern Ireland
Commissioner for Public Appointments for Northern Ireland
Commissioner for Victims and Survivors
Common Services Agency for the Scottish Health Service
Community Relations Council
Construction Industry Training Board – ConstructionSkills NI
Council for Catholic Maintained Schools
Council for the Curriculum, Examinations and Assessment
Education and Library Boards
Education Authority
Equality Commission for Northern Ireland
Exceptional Circumstances Body
Regional Development Scotland
General Teaching Council for Northern Ireland
Food Standards Scotland
Health and Safety Executive for Northern Ireland
Health and Social Care Regulation and Quality Improvement Authority
Health Improvement Scotland
ILEX Urban Regeneration Company Limited
Integration Joint Boards
Invest Northern Ireland
Labour Relations Agency
Lay Observer for Northern Ireland
Livestock and Meat Commission for Northern Ireland
Local Government Staff Commission
Maze Long Kesh Development Corporation
Middletown Centre for Autism
National Library of Wales
National Museum Wales
National Museums Northern Ireland
Natural Resources Wales
North West Regional College
Northern Health and Social Care Trust
Northern Ireland Ambulance Service Trust
Northern Ireland Blood Transfusion Service
Northern Ireland Building Regulations Advisory Committee
Northern Ireland Council for Integrated Education
Northern Ireland Environment Agency
Northern Ireland Fire and Rescue Service
Northern Ireland Fishery Harbour Authority
Northern Ireland Guardian Ad Litem Agency
Northern Ireland Housing Executive
Northern Ireland Judicial Appointments Commission
Northern Ireland Law Commission
Northern Ireland Legal Services Commission
Northern Ireland Library Authority
Northern Ireland Local Government Officers’ Superannuation Committee
Northern Ireland Medical and Dental Training Agency
Northern Ireland Museums Council
Northern Ireland Policing Board
Northern Ireland Policing Fund
Northern Ireland Practice and Education Council for Nursing and Midwifery
Northern Ireland Prisoner Ombudsman
Northern Ireland Screen
Northern Ireland Social Care Council
Northern Ireland Tourist Board
Northern Ireland, Department for Social Development
Northern Regional College
Patient and Client Council
Planning and Water Appeals Commission
Police Ombudsman Northern Ireland
Police Retraining and Rehabilitation Trust
Public Service Commission for Northern Ireland
Regional Agency for Public Health and Social Well Being
Regional Business Services Organisation
Regional Health and Social Care Board
Revenue Scotland
RUC George Cross Foundation
Scottish Fire and Rescue Service
South Eastern Health and Social Care Trust
South Eastern Regional College
South West College
Southern Health and Social Care Trust
Southern Regional College
Sport NI
Sport Wales
Staff Commission for Education and Library Boards
Statistics Advisory Committee
Stranmillis University College
Strategic Investment Board
The Charity Commission for Northern Ireland
The National Assembly for Wales Commission
The Welsh Revenue Authority
Ulster Supported Employment Limited
Victims and Survivors Service Ltd
Welsh Language Commissioner
Welsh NHS bodies
Western Health and Social Care Trust
Youth Council for Northern Ireland
(This note is not part of the Regulations)