| Guvnor

Enforced by: PRU
Status: Amended (in force with amendments)
Penalty ceiling: Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Distributor2 Any Person1

Plus 14 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Distributor — also bound by 182 other Acts

UK REACH Regulation (retained EU law) 44 duties

The Marketing of Fruit Plant and Propagating Material (England) Regulations 2017 28 duties

The Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017 26 duties

The Marketing of Fruit Plant and Propagating Material Regulations (Northern Ireland) 2017 25 duties

Electricity Safety, Quality and Continuity Regulations 2002 21 duties

Any Person — also bound by 2340 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Key definitions

0 of 10 sections shown

10 other sections in this Part — procedural and definitional

s.001 Procurement and covered procurement

s.002 Contracting authorities

s.003 Public contracts

s.004 Valuation of contracts

s.005 Mixed procurement: above and below threshold

s.006 Utilities contracts

s.007 Defence and security contracts

s.008 Concession contracts

s.009 Light touch contracts

s.010 Mixed procurement: special regime contracts

Part 2

Principles and objectives

2 of 4 sections shown

s.011 Covered procurement only in accordance with this Act Regulated

Other duties (1) — Crown / regulator

Public authorities must follow the Procurement Act for all covered contractsCrown / Minister / Government department

s.012 Covered procurement: objectives Regulated

Other duties (1) — Crown / regulator

Contracting authorities must oversee procurement with specific objectivesCrown / Minister / Government department

2 other sections in this Part — procedural and definitional

s.013 The national procurement policy statement

s.014 The Wales procurement policy statement

Part 3

Award of public contracts and procedures

8 of 52 sections shown

s.018 Duty to consider lots Regulated

Other duties (1) — Crown / regulator

Public authorities must consider dividing large contracts into lotsCrown / Minister / Government department

s.020 Competitive tendering procedures Regulated

Other duties (1) — Crown / regulator

Contracting authorities must use competitive tendering to award public contractsLocal authority

s.027 Excluding suppliers from a competitive flexible procedure Regulated

Other duties (1) — Crown / regulator

Contracting authorities must check and exclude unsuitable suppliersLocal authority

s.028 Excluding suppliers by reference to sub-contractors Regulated

Other duties (1) — Crown / regulator

Authorities must check for and exclude debarred sub-contractorsStatutory regulator

s.030 Excluding suppliers for improper behaviour Regulated

Other duties (1) — Crown / regulator

Contracting authorities must exclude suppliers for improper behaviourCrown / Minister / Government department

s.037 Dynamic markets: removing members from the market Regulated

Other duties (1) — Crown / regulator

Contracting authorities must remove ineligible suppliers from dynamic marketsCrown / Minister / Government department

s.059 Notification of exclusion of supplier Regulated

Other duties (1) — Crown / regulator

Contracting authority must notify relevant authority about supplier exclusionsCrown / Minister / Government department

s.060 Investigations of supplier: exclusion grounds Regulated

Respond to document and assistance requests during debarment investigationsDistributor

44 other sections in this Part — procedural and definitional

s.015 Planned procurement notices

s.016 Preliminary market engagement

s.017 Preliminary market engagement notices

s.019 Award of public contracts following a competitive tendering procedure

s.021 Tender notices and associated tender documents

s.022 Conditions of participation

s.023 Award criteria

s.024 Refining award criteria

s.025 Sub-contracting specifications

s.026 Excluding suppliers from a competitive award

s.029 Excluding a supplier that is a threat to national security

s.031 Modifying a section 19 procurement

s.032 Reserving contracts to supported employment providers

s.033 Reserving contracts to public service mutuals

s.034 Competitive award by reference to dynamic markets

s.035 Dynamic markets: establishment

s.036 Dynamic markets: membership

s.038 Dynamic markets: fees

s.039 Dynamic market notices

s.040 Qualifying utilities dynamic market notices: no duty to publish a tender notice

s.041 Direct award in special cases

s.042 Direct award to protect life, etc

s.043 Switching to direct award

s.044 Transparency notices

s.045 Frameworks

s.046 Frameworks: competitive selection process

s.047 Frameworks: maximum term

s.048 Frameworks: implied terms

s.049 Open frameworks

s.050 Contract award notices and assessment summaries

s.051 Standstill periods on the award of contracts

s.052 Key performance indicators

s.053 Contract details notices and publication of contracts

s.054 Time limits

s.055 Procurement termination notices

s.056 Technical specifications

s.057 Meaning of excluded and excludable supplier

s.058 Considering whether a supplier is excluded or excludable

s.061 Investigations under section 60: reports

s.062 Debarment list

s.063 Debarment decisions: interim relief

s.064 Debarment list: application for removal

s.065 Debarment decisions: appeals

s.066 Debarment proceedings and closed material procedure

Part 4

Management of public contracts

3 of 14 sections shown

s.067 Electronic invoicing: implied term Regulated

Other duties (1) — Crown / regulator

Public authorities must accept and process valid electronic invoicesCrown / Minister / Government department

s.069 Payments compliance notices Regulated

Other duties (1) — Crown / regulator

Contracting authorities must publish six-monthly payments compliance noticesCrown / Minister / Government department

s.076 Voluntary standstill period on the modification of contracts Regulated

Other duties (1) — Crown / regulator

Contracting authorities must observe a standstill period before modifying contractsStatutory regulator

11 other sections in this Part — procedural and definitional

s.068 Implied payment terms in public contracts

s.070 Information about payments under public contracts

s.071 Assessment of contract performance

s.072 Sub-contracting: directions

s.073 Implied payment terms in sub-contracts

s.074 Modifying a public contract

s.075 Contract change notices

s.077 Publication of modifications

s.078 Implied right to terminate public contracts

s.079 Terminating public contracts: national security

s.080 Contract termination notices

Part 5

Conflicts of interest

1 of 3 sections shown

s.081 Conflicts of interest: duty to identify Regulated

Other duties (1) — Crown / regulator

Contracting authorities must identify and review conflicts of interestStatutory regulator

2 other sections in this Part — procedural and definitional

s.082 Conflicts of interest: duty to mitigate

s.083 Conflicts assessments

Part 5

Outsourcing: protection of workers

0 of 6 sections shown

6 other sections in this Part — procedural and definitional

s.083 Application of this Part

s.083 Relevant outsourcing contracts

s.083 Power to specify provision for inclusion in relevant outsourcing contracts

s.083 Code of practice on relevant outsourcing contracts

s.083 Interpretation of this Part

s.083 Power of Scottish Ministers to amend this Part

Part 6

Below-threshold contracts

0 of 5 sections shown

5 other sections in this Part — procedural and definitional

s.084 Regulated below-threshold contracts

s.085 Regulated below-threshold contracts: procedure

s.086 Regulated below-threshold contracts: duty to consider small and medium-sized enterprises

s.087 Regulated below-threshold contracts: notices

s.088 Regulated below-threshold contracts: implied payment terms

Part 7

Implementation of international obligations

0 of 4 sections shown

4 other sections in this Part — procedural and definitional

s.089 Treaty state suppliers

s.090 Treaty state suppliers: non-discrimination

s.091 Treaty state suppliers: non-discrimination in Scotland

s.092 Trade disputes

Part 8

Information and notices: general provision

0 of 7 sections shown

7 other sections in this Part — procedural and definitional

s.093 Pipeline notices

s.094 General exemptions from duties to publish or disclose information

s.095 Notices, documents and information: regulations and online system

s.096 Electronic communications

s.097 Information relating to a procurement

s.098 Record-keeping

s.099 Data protection

Part 9

Remedies for breach of statutory duty

8 of 8 sections shown

s.100 Duties under this Act enforceable in civil proceedings

amended 3 times (opens in a new tab)

s.101 Automatic suspension of the entry into or modification of contracts

amended 3 times (opens in a new tab)

s.102 Interim remedies

amended 3 times (opens in a new tab)

s.103 Pre-contractual remedies

amended 3 times (opens in a new tab)

s.104 Post-contractual remedies

amended 3 times (opens in a new tab)

s.105 Post-contractual remedies: set aside conditions

amended 3 times (opens in a new tab)

s.106 Time limits on claims Regulated

Observe strict time limits when challenging procurement decisionsDistributor

amended 2 times (opens in a new tab)

s.107 Part 9 proceedings and closed material procedure

amended 2 times (opens in a new tab)

Part 10

Procurement oversight

3 of 3 sections shown

s.108 Procurement investigations Regulated

Other duties (1) — Crown / regulator

PRU may investigate and require documents from contracting authoritiesStatutory regulator

amended 2 times (opens in a new tab)

s.109 Recommendations following procurement investigations Regulated

Public authorities must consider and report on procurement recommendationsAny Person

amended 2 times (opens in a new tab)

s.110 Guidance following procurement investigations

amended 3 times (opens in a new tab)

Part 11

Appropriate authorities and cross-border procurement

6 of 6 sections shown

s.111 Welsh Ministers: restrictions on the exercise of powers

amended 2 times (opens in a new tab)

s.112 Northern Ireland department: restrictions on the exercise of powers

amended 2 times (opens in a new tab)

s.113 Minister of the Crown: restrictions on the exercise of powers

amended 2 times (opens in a new tab)

s.114 Definitions relating to procurement arrangements

amended 2 times (opens in a new tab)

s.115 Powers relating to procurement arrangements

amended 5 times (opens in a new tab)

s.115 Application of this Act where a devolved Scottish authority carries out procurement under a reserved procurement arrangement etc.

amended 5 times

Part 12

Amendments and repeals

4 of 4 sections shown

s.116 Disapplication of duty in section 17 of the Local Government Act 1988

amended 5 times (opens in a new tab)

s.117 Single source defence contracts

amended 3 times (opens in a new tab)

s.118 Concurrent powers and the Government of Wales Act 2006

amended 4 times (opens in a new tab)

s.119 Repeals etc

amended 2 times (opens in a new tab)

Part 13

General

10 of 10 sections shown

s.120 Power to disapply this Act in relation to procurement by NHS in England

amended 1 time (opens in a new tab)

s.120 Power to disapply this Act in relation to procurement by NHS in Wales

amended 1 time

s.121 Power to amend this Act in relation to private utilities

amended 1 time (opens in a new tab)

s.122 Regulations

amended 6 times (opens in a new tab)

s.123 Interpretation

amended 3 times (opens in a new tab)

s.124 Index of defined expressions

amended 2 times (opens in a new tab)

s.125 Power to make consequential, etc, provision

amended 1 time (opens in a new tab)

s.126 Extent

amended 1 time (opens in a new tab)

s.127 Commencement

amended 1 time (opens in a new tab)

s.128 Short title

amended 1 time (opens in a new tab)

Schedules

0 of 219 shown

219 other schedules

s.003 Estimating the value of a contract

s.005 Direct award justifications

s.010 Single source defence contracts

s.011 Repeals and revocations

s.sch001 Threshold amounts

s.sch001 (1) The threshold amount for a contract of a type...

s.sch001 An appropriate authority may by regulations amend this Schedule for...

s.sch001 A contract is a “works contract” if its main purpose...

s.sch001 (1) In this Schedule— “central government authority” means a contracting...

s.sch002 Exempted contracts

s.sch002 General

s.sch002 A contract for the broadcast (by any means) by a...

s.sch002 Electronic communications services

s.sch002 A contract the main purpose of which is permitting a...

s.sch002 Alternative dispute resolution

s.sch002 Legal services

s.sch002 Financial services

s.sch002 (1) A contract for the provision or carrying out of...

s.sch002 A contract for the provision of services by the Bank...

s.sch002 Employment

s.sch002 Any other contract between a contracting authority and an individual...

s.sch002 Vertical arrangements

s.sch002 Emergency services

s.sch002 Public passenger transport services

s.sch002 Research and development services

s.sch002 International agreements and organisations

s.sch002 A contract awarded under a procedure— (a) adopted by an...

s.sch002 National security

s.sch002 Intelligence activities

s.sch002 Defence and security contracts

s.sch002 A defence and security contract where— (a) the supplier is...

s.sch002 A defence and security contract awarded under a procedure adopted...

s.sch002 (1) A contract between a local government pension scheme manager...

s.sch002 Horizontal arrangements

s.sch002 A defence and security contract awarded under an arrangement between...

s.sch002 Utilities contracts

s.sch002 A utilities contract for the supply of water to a...

s.sch002 A utilities contract for the supply of energy, or fuel...

s.sch002 A contract for the supply of goods, services or works...

s.sch002 Concession contracts

s.sch002 (1) A concession contract that— (a) confers an exclusive right...

s.sch002 A concession contract for the provision of public passenger transport...

s.sch002 Commercial contracts of the City of London

s.sch002 Defence and security contracts

s.sch002 Utilities contracts

s.sch002 (1) A utilities contract awarded for the supply of goods,...

s.sch002 General

s.sch002 Land and buildings etc

s.sch002 Broadcasting

s.sch003 General rule

s.sch003 Frameworks

s.sch003 Concession contracts

s.sch003 Anti-avoidance

s.sch003 Cases where estimate not possible

s.sch004 Utility activities

s.sch004 Gas and heat

s.sch004 Wholesale or retail sale of electricity in England, Scotland or...

s.sch004 Wholesale or retail sale of gas in England, Scotland or...

s.sch004 Exploration for oil in England, Scotland or Wales.

s.sch004 Exploration for natural gas in England, Scotland or Wales.

s.sch004 Production of oil in England, Scotland or Wales.

s.sch004 Production of natural gas in England, Scotland or Wales.

s.sch004 Development of infrastructure for production of oil in England, Scotland...

s.sch004 Development of infrastructure for production of natural gas in England,...

s.sch004 Electricity

s.sch004 Water

s.sch004 Transport

s.sch004 Ports and airports

s.sch004 Extraction of oil and gas and exploration for, or extraction of, coal or other solid fuels

s.sch004 Interpretation of Schedule

s.sch004 Generation of electricity in England, Scotland or Wales.

s.sch004 Production of electricity in England, Scotland or Wales.

s.sch005 This Schedule contains the direct award justifications.

s.sch005 Commodities

s.sch005 Advantageous terms on insolvency

s.sch005 A supplier is “undergoing insolvency proceedings” if it has—

s.sch005 Urgency

s.sch005 For the purpose of paragraph 13, urgency is unavoidable if...

s.sch005 User choice contracts

s.sch005 In paragraph 15, “user choice services” means services—

s.sch005 The conditions are that— (a) the individual to whom the...

s.sch005 Defence and security

s.sch005 (1) The following conditions are met in relation to the...

s.sch005 Prototypes and development

s.sch005 The following conditions are met in relation to the public...

s.sch005 In paragraph 2, “novel goods or services” means goods or...

s.sch005 Single suppliers

s.sch005 The following conditions are met in relation to the public...

s.sch005 Additional or repeat goods, services or works

s.sch005 The public contract concerns the supply of goods, services or...

s.sch005 In paragraphs 7 and 8— “existing goods, services or works”...

s.sch006 Mandatory exclusion grounds

s.sch006 A mandatory exclusion ground applies to a supplier if the...

s.sch006 An offence under Article 172 or 172A of the Road...

s.sch006 An offence under section 58 of the Civic Government (Scotland)...

s.sch006 An offence under section 113 of the Representation of the...

s.sch006 An offence under section 178 of the Road Traffic Act...

s.sch006 An offence under section 327, 328 or 329 of the...

s.sch006 An offence under section 2, 3, 4, 6 or 7...

s.sch006 An offence under section 993 of the Companies Act 2006...

s.sch006 An offence under section 1, 2 or 6 of the...

s.sch006 An offence under section 49 of the Criminal Justice and...

s.sch006 Labour market, slavery and human trafficking offences

s.sch006 Corporate manslaughter or corporate homicide

s.sch006 An offence under the Employment (Miscellaneous Provisions) (Northern Ireland) Order...

s.sch006 An offence under section 31(1) of the National Minimum Wage...

s.sch006 An offence under the Gangmasters (Licensing) Act 2004 (offences relating...

s.sch006 An offence under section 1, 2, 4 or 30 of...

s.sch006 An offence under section 1, 4 or 32 of the...

s.sch006 An offence under section 1, 2 or 4 of the...

s.sch006 An offence under section 139 of the Employment Rights Act...

s.sch006 Organised crime

s.sch006 An offence under section 45 of the Serious Crime Act...

s.sch006 Tax offences

s.sch006 Terrorism

s.sch006 (1) An offence under the law of any part of...

s.sch006 An offence under section 45 or 46 of the Criminal...

s.sch006 Cartel offence

s.sch006 Ancillary offences

s.sch006 Offences committed outside the United Kingdom

s.sch006 National security

s.sch006 Misconduct in relation to tax

s.sch006 (1) A mandatory exclusion ground applies to a supplier if...

s.sch006 (1) A mandatory exclusion ground applies to a supplier if—...

s.sch006 (1) A mandatory exclusion ground applies to a supplier if...

s.sch006 Theft, fraud, bribery etc

s.sch006 (1) A mandatory exclusion ground applies to a supplier if...

s.sch006 Competition law infringements

s.sch006 Equivalents outside the United Kingdom

s.sch006 Failure to cooperate with investigation

s.sch006 Excluded matters

s.sch006 Definitions

s.sch006 An offence at common law of conspiracy to defraud.

s.sch006 An offence under any of the following sections of the...

s.sch006 An offence under section 3 of the Theft Act 1978...

s.sch006 An offence under section 5 of the Theft (Northern Ireland)...

s.sch007 Discretionary exclusion grounds

s.sch007 Labour market misconduct

s.sch007 (1) A discretionary exclusion ground applies to a supplier if...

s.sch007 Professional misconduct

s.sch007 Breach of contract and poor performance

s.sch007 Acting improperly in procurement

s.sch007 National security

s.sch007 Excluded matters

s.sch007 Definitions

s.sch007 Other terms used in this Schedule and defined in Schedule...

s.sch007 A discretionary exclusion ground applies to a supplier if the...

s.sch007 Environmental misconduct

s.sch007 Insolvency, bankruptcy, etc

s.sch007 A discretionary exclusion ground applies to a supplier if the...

s.sch007 Potential competition infringements

s.sch007 A discretionary exclusion ground applies to a supplier if the...

s.sch007 (1) A discretionary exclusion ground applies to a supplier if—...

s.sch008 Permitted contract modifications

s.sch008 Provided for in the contract

s.sch008 Defence authority contracts

s.sch008 A modification of a defence authority contract is a permitted...

s.sch008 Urgency and the protection of life, etc

s.sch008 Assume, for the purposes of paragraph 2, that the contract...

s.sch008 Unforeseeable circumstances

s.sch008 Materialisation of a known risk

s.sch008 In paragraph 5, a “known risk” means a risk that—...

s.sch008 In considering whether awarding a new contract would be in...

s.sch008 Additional goods, services or works

s.sch008 Transfer on corporate restructuring

s.sch009 Treaty state suppliers (specified international agreements)

s.sch009 Agreement between the United Kingdom of Great Britain and Northern...

s.sch009 Agreement on Trade Continuity between the United Kingdom of Great...

s.sch009 Free Trade Agreement between the United Kingdom of Great Britain...

s.sch009 Trade Continuity Agreement between the United Kingdom of Great Britain...

s.sch009 Free Trade Agreement between the United Kingdom of Great Britain...

s.sch009 Trade and Cooperation Agreement between the United Kingdom of Great...

s.sch009 Agreement establishing an Association between the United Kingdom of Great...

s.sch009 Partnership, Trade and Cooperation Agreement between the Government of the...

s.sch009 Free Trade Agreement between Iceland, the Principality of Liechtenstein and...

s.sch009 Free Trade Agreement between the United Kingdom of Great Britain...

s.sch009 Comprehensive and Progressive Agreement for Trans-Pacific Partnership, signed at Santiago...

s.sch009 The Strategic Partnership and Cooperation Agreement between the United Kingdom...

s.sch009 The Agreement on Partnership and Cooperation between the Government of...

s.sch009 The Comprehensive Economic and Trade Agreement between the Government of...

s.sch009 Trade Agreement between the United Kingdom of Great Britain and...

s.sch009 Trade and Partnership Agreement between the Government of the United...

s.sch009 Economic Partnership Agreement between the CARIFORUM States, of the one...

s.sch009 Trade Agreement between the United Kingdom of Great Britain and...

s.sch009 Agreement Establishing an Association between the United Kingdom of Great...

s.sch009 Free Trade Agreement between the United Kingdom of Great Britain...

s.sch009a Procurement by devolved Scottish authorities

s.sch010 The Defence Reform Act 2014 is amended as follows.

s.sch010 (1) Section 18 (contract profit rate: supplementary) is amended as...

s.sch010 (1) Section 19 (rates etc relevant to determining contract profit...

s.sch010 Allowable costs

s.sch010 Reports

s.sch010 In section 43 (interpretation etc), in the definition of “financial...

s.sch010 Qualifying sub-contracts

s.sch010 In section 30(4)(a) (application of single source contracts regime to...

s.sch010 In section 31(3) (compliance notices)— (a) in paragraph (e), omit...

s.sch010 Powers of the Single Source Regulations Office (“SSRO”)

s.sch010 After section 35 insert— Guidance The SSRO may issue such guidance as it considers appropriate...

s.sch010 Definition of qualifying defence contract

s.sch010 In paragraph 10(3) of Schedule 4 (procedure of the SSRO),...

s.sch010 Pricing of qualifying defence contracts

s.sch010 (1) Section 16 (pricing of contracts: supplementary) is amended as...

s.sch010 After section 21(2) (final price adjustment) insert—

s.sch010 In section 22(1)(a) (recovery of unpaid amounts), after “section” insert...

s.sch010 (1) Section 42 (single source contract regulations: general) is amended...

s.sch010 In section 43 (interpretation etc), at the appropriate place insert—...

s.sch010 Contract profit rate

s.sch011 Primary legislation

s.sch011 Sections 39 and 40 of the Small Business, Enterprise and...

s.sch011 The Trade (Australia and New Zealand) Act 2023.

s.sch011 Subordinate legislation

s.sch011 The Public Contracts Regulations 2015 (S.I. 2015/102).

s.sch011 The Concession Contracts Regulations 2016 (S.I. 2016/273).

s.sch011 The Utilities Contracts Regulations 2016 (S.I. 2016/274).

Help complying

Guvnor’s practical routes through this instrument.

Grow your construction business

Scale your construction business - win public contracts, build your workforce, achieve accreditations, and manage subcontractors at scale

Grow your retail business

Scale your retail business - expand online, open new locations, build your team, and manage increased compliance as you grow

Run a tech business

Ongoing compliance, operations, and growth guidance for established UK tech and software businesses

Join framework agreements and approved supplier lists

How to become an approved supplier on government framework agreements.

Win public sector contracts

How to find and bid for government and public sector contracts as an SME.

3 more guides that reference this instrument

Become a MOD Supplier Prepare a winning tender response Late payment: your rights as a business

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.

Procurement Act 2023

Does it bind you?

Other Acts binding the same actors

What it requires

Key definitions

Principles and objectives

Award of public contracts and procedures

Management of public contracts

Conflicts of interest

Outsourcing: protection of workers

Below-threshold contracts

Implementation of international obligations

Information and notices: general provision

Remedies for breach of statutory duty

Procurement oversight

Appropriate authorities and cross-border procurement

Amendments and repeals

General

Schedules

Help complying

Grow your construction business

Grow your retail business

Run a tech business

Join framework agreements and approved supplier lists

Win public sector contracts