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The Procurement Act 2023 (Commencement No. 3 and Transitional and Saving Provisions) (Amendment) Regulations 2024

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Statutory Instruments

2024 No. 959 (C. 61)

PUBLIC PROCUREMENT

The Procurement Act 2023 (Commencement No. 3 and Transitional and Saving Provisions) (Amendment) Regulations 2024

Made

16th September 2024

Coming into force

17th September 2024

The Minister for the Cabinet Office makes these Regulations in exercise of the powers conferred by sections 122(3)(c) and (d) and 127(2) of the Procurement Act 2023(1).

These Regulations are made with the consent of the Welsh Ministers in accordance with section 127(3) of that Act.

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Procurement Act 2023 (Commencement No. 3 and Transitional and Saving Provisions) (Amendment) Regulations 2024.

(2) These Regulations come into force on 17th September 2024.

(3) These Regulations extend to England and Wales, Scotland and Northern Ireland.

Amendment of the Procurement Act 2023 (Commencement No. 3 and Transitional and Saving Provisions) Regulations 2024

2.—(1) The Procurement Act 2023 (Commencement No. 3 and Transitional and Saving Provisions) Regulations 2024(2) are amended as follows.

(2) In regulation 2(2) (provisions coming into force), for “28th October 2024” substitute “24th February 2025”.

(3) In regulation 3 (saving provisions relating to the 2011 Regulations) for “28th October 2024”, in both places those words occur, substitute “24th February 2025”.

(4) In regulation 5 (saving provisions relating to the 2015 Regulations)—

(a)for “28th October 2024”, in each place those words occur, substitute “24th February 2025”;

(b)in paragraph (4)(b)(i), for “27th October 2025” substitute “23rd February 2026”;

(c)in paragraph (4)(b)(ii), for “27th October 2028” substitute “23rd February 2029”;

(d)in paragraph (4)(c)(i)(aa), for “31st March 2025” substitute “30th September 2025”.

(5) In regulation 7 (saving provisions relating to the 2016 CC Regulations), for “28th October 2024”, in both places those words occur, substitute “24th February 2025”.

(6) In regulation 8 (saving provisions relating to the 2016 UC Regulations)—

(a)for “28th October 2024”, in both places those words occur, substitute “24th February 2025”;

(b)for “27th October 2025”, in both places those words occur, substitute “23rd February 2026”;

(c)for “27th October 2028”, in both places those words occur, substitute “23rd February 2029”.

(7) In the Schedule—

(a)in the header, for “28th October 2024” substitute “24th February 2025”;

(b)after the entry relating to section 92, insert—

  • Section 93 (pipeline notices).;

(c)in the entry relating to section 111, for “111” substitute “110”.

Georgia Gould

Parliamentary Secretary

Cabinet Office

16th September 2024

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the coming into force date of the substantive provisions of the Procurement Act 2023 set out in the Procurement Act 2023 (Commencement No. 3 and Transitional and Saving Provisions) Regulations 2024. This follows the Written Ministerial Statement made by Parliamentary Secretary Georgia Gould MP on 12th September 2024.

They also amend those Regulations to provide that section 93 of the Procurement Act 2023 will come into force on 24th February 2025.

They also correct a typographical error in the Procurement Act 2023 (Commencement No. 3 and Transitional and Saving Provisions) Regulations 2024.

NOTE AS TO EARLIER COMMENCEMENT REGULATIONS

(This note is not part of the Regulations)

The following provisions of the Procurement Act 2023 have been brought into force by commencement Regulations made before the date of these Regulations.

ProvisionDate of CommencementS.I. No.
Section 3 (partially)11.3.20242024/361
Section 611.3.20242024/361
Section 911.3.20242024/361
Section 1311.3.20242024/361
Section 1411.3.20242024/361
Section 33 (partially)11.3.20242024/361
Section 69 (partially)11.3.20242024/361
Section 87 (partially)11.3.20242024/361
Section 89 (partially)11.3.20242024/361
Section 9111.3.20242024/361
Section 95 (partially)11.3.20242024/361
Section 9711.3.20242024/361
Section 11111.3.20242024/361
Section 11311.3.20242024/361
Section 11411.3.20242024/361
Section 115 (partially)11.3.20242024/361
Section 116 (partially)11.3.20242024/361
Section 117 (partially)19.1.20242024/61
Section 117 (partially)01.4.20242024/61
Schedule 111.3.20242024/361
Schedule 2 (partially)11.3.20242024/361
Schedule 4 (partially)11.3.20242024/361
Schedule 911.3.20242024/361
Schedule 10 (partially)19.1.20242024/61
Schedule 10 (partially)01.4.20242024/61
(1)

2023 c. 54. For the meaning of “Minister of the Crown”, see section 123(1) and the definition in the Ministers of the Crown Act 1975 (c. 26) to which that provision cross-refers.

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