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UK Act of Parliament
2023
United Kingdom
Procurement Act 2023
At a glance
Enforced by
What's here
16 compliance obligations, 5 practical guides across 3 topics · 3 journeys
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Distributor 2
- Any Person 1
Plus 13 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Step-by-step journeys using this legislation
Walkthroughs that take you from a real business situation to compliance.
Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Direct — cites this Act
2 guidesSupporting — topic alignment
2 guidesMentioned in related content
1 guidesOther Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Distributors also bound by 177 other Acts (top 5 shown)
- The Marketing of Fruit Plant and Propagating Material (England) Regulations 2017 2017 28 duties
- The Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017 2017 26 duties
- The Marketing of Fruit Plant and Propagating Material Regulations (Northern Ireland) 2017 2017 25 duties
- Electricity Safety, Quality and Continuity Regulations 2002 2002 21 duties
- THE ELECTRICITY SAFETY, QUALITY AND CONTINUITY REGULATIONS (NORTHERN IRELAND) 2012 2012 19 duties
Any Person also bound by 2338 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 169 duties
- Merchant Shipping Act 1995 1995 144 duties
- Insolvency (England and Wales) Rules 2016 2016 101 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 95 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part 1 — Key definitions
Browse 10 other sections in this Part — procedural / definitional / commencement
Procurement and covered procurement
Contracting authorities
Public contracts
Valuation of contracts
Mixed procurement: above and below threshold
Utilities contracts
Defence and security contracts
Concession contracts
Light touch contracts
Mixed procurement: special regime contracts
Part 2 — Principles and objectives
Covered procurement only in accordance with this Act
Other duties (1) — Crown / regulator
- Public authorities must follow the Procurement Act for all covered contracts Crown / Minister / Government department
Covered procurement: objectives
Other duties (1) — Crown / regulator
- Contracting authorities must oversee procurement with specific objectives Crown / Minister / Government department
Browse 2 other sections in this Part — procedural / definitional / commencement
Part 3 — Award of public contracts and procedures
Duty to consider lots
Other duties (1) — Crown / regulator
- Public authorities must consider dividing large contracts into lots Crown / Minister / Government department
Competitive tendering procedures
Other duties (1) — Crown / regulator
- Contracting authorities must use competitive tendering to award public contracts Local authority
Excluding suppliers from a competitive flexible procedure
Other duties (1) — Crown / regulator
- Contracting authorities must check and exclude unsuitable suppliers Local authority
Excluding suppliers by reference to sub-contractors
Other duties (1) — Crown / regulator
- Authorities must check for and exclude debarred sub-contractors Statutory regulator
Excluding suppliers for improper behaviour
Other duties (1) — Crown / regulator
- Contracting authorities must exclude suppliers for improper behaviour Crown / Minister / Government department
Dynamic markets: removing members from the market
Other duties (1) — Crown / regulator
- Contracting authorities must remove ineligible suppliers from dynamic markets Crown / Minister / Government department
Investigations of supplier: exclusion grounds
- Respond to document and assistance requests during debarment investigations Distributor
Browse 45 other sections in this Part — procedural / definitional / commencement
Planned procurement notices
Preliminary market engagement
Preliminary market engagement notices
Award of public contracts following a competitive tendering procedure
Tender notices and associated tender documents
Conditions of participation
Award criteria
Refining award criteria
Sub-contracting specifications
Excluding suppliers from a competitive award
Excluding a supplier that is a threat to national security
Modifying a section 19 procurement
Reserving contracts to supported employment providers
Reserving contracts to public service mutuals
Competitive award by reference to dynamic markets
Dynamic markets: establishment
Dynamic markets: membership
Dynamic markets: fees
Dynamic market notices
Qualifying utilities dynamic market notices: no duty to publish a tender notice
Direct award in special cases
Direct award to protect life, etc
Switching to direct award
Transparency notices
Frameworks
Frameworks: competitive selection process
Frameworks: maximum term
Frameworks: implied terms
Open frameworks
Contract award notices and assessment summaries
Standstill periods on the award of contracts
Key performance indicators
Contract details notices and publication of contracts
Time limits
Procurement termination notices
Technical specifications
Meaning of excluded and excludable supplier
Considering whether a supplier is excluded or excludable
Notification of exclusion of supplier
Investigations under section 60: reports
Debarment list
Debarment decisions: interim relief
Debarment list: application for removal
Debarment decisions: appeals
Debarment proceedings and closed material procedure
Part 4 — Management of public contracts
Electronic invoicing: implied term
Other duties (1) — Crown / regulator
- Public authorities must accept and process valid electronic invoices Crown / Minister / Government department
Payments compliance notices
Other duties (1) — Crown / regulator
- Contracting authorities must publish six-monthly payments compliance notices Crown / Minister / Government department
Voluntary standstill period on the modification of contracts
Other duties (1) — Crown / regulator
- Contracting authorities must observe a standstill period before modifying contracts Statutory regulator
Browse 11 other sections in this Part — procedural / definitional / commencement
Implied payment terms in public contracts
Information about payments under public contracts
Assessment of contract performance
Sub-contracting: directions
Implied payment terms in sub-contracts
Modifying a public contract
Contract change notices
Publication of modifications
Implied right to terminate public contracts
Terminating public contracts: national security
Contract termination notices
Part 5 — Conflicts of interest
Conflicts of interest: duty to identify
Other duties (1) — Crown / regulator
- Contracting authorities must identify and review conflicts of interest Statutory regulator
Browse 2 other sections in this Part — procedural / definitional / commencement
Part 5A — Outsourcing: protection of workers
Browse 6 other sections in this Part — procedural / definitional / commencement
Application of this Part
Relevant outsourcing contracts
Power to specify provision for inclusion in relevant outsourcing contracts
Code of practice on relevant outsourcing contracts
Interpretation of this Part
Power of Scottish Ministers to amend this Part
Part 6 — Below-threshold contracts
Browse 5 other sections in this Part — procedural / definitional / commencement
Regulated below-threshold contracts
Regulated below-threshold contracts: procedure
Regulated below-threshold contracts: duty to consider small and medium-sized enterprises
Regulated below-threshold contracts: notices
Regulated below-threshold contracts: implied payment terms
Part 7 — Implementation of international obligations
Browse 4 other sections in this Part — procedural / definitional / commencement
Part 8 — Information and notices: general provision
Browse 7 other sections in this Part — procedural / definitional / commencement
Part 9 — Remedies for breach of statutory duty
Duties under this Act enforceable in civil proceedings
Amended 3 timesAutomatic suspension of the entry into or modification of contracts
Amended 3 timesInterim remedies
Amended 3 timesPre-contractual remedies
Amended 3 timesPost-contractual remedies
Amended 3 timesPost-contractual remedies: set aside conditions
Amended 3 timesTime limits on claims
Amended 2 times- Observe strict time limits when challenging procurement decisions Distributor
Part 9 proceedings and closed material procedure
Amended 2 timesPart 10 — Procurement oversight
Procurement investigations
Amended 2 timesOther duties (1) — Crown / regulator
- PRU may investigate and require documents from contracting authorities Statutory regulator
Recommendations following procurement investigations
Amended 2 times- Public authorities must consider and report on procurement recommendations Any Person
Guidance following procurement investigations
Amended 3 timesPart 11 — Appropriate authorities and cross-border procurement
Welsh Ministers: restrictions on the exercise of powers
Amended 2 timesNorthern Ireland department: restrictions on the exercise of powers
Amended 2 timesMinister of the Crown: restrictions on the exercise of powers
Amended 2 timesDefinitions relating to procurement arrangements
Amended 2 timesPowers relating to procurement arrangements
Amended 5 timesApplication of this Act where a devolved Scottish authority carries out procurement under a reserved procurement arrangement etc.
Amended 5 timesPart 12 — Amendments and repeals
Part 13 — General
Power to disapply this Act in relation to procurement by NHS in England
Amended 1 timePower to disapply this Act in relation to procurement by NHS in Wales
Amended 1 timePower to amend this Act in relation to private utilities
Amended 1 timeRegulations
Amended 6 timesInterpretation
Amended 3 timesIndex of defined expressions
Amended 2 timesPower to make consequential, etc, provision
Amended 1 timeExtent
Amended 1 timeCommencement
Amended 1 timeShort title
Amended 1 timeSchedules
Browse 219 other Schedules — structural / supplementary
Estimating the value of a contract
Direct award justifications
Single source defence contracts
Repeals and revocations
Threshold amounts
(1) The threshold amount for a contract of a type...
An appropriate authority may by regulations amend this Schedule for...
An appropriate authority may by regulations amend this Schedule for...
A contract is a “works contract” if its main purpose...
(1) In this Schedule— “central government authority” means a contracting...
Exempted contracts
General
A contract for the broadcast (by any means) by a...
Electronic communications services
A contract the main purpose of which is permitting a...
Alternative dispute resolution
Legal services
Financial services
(1) A contract for the provision or carrying out of...
A contract for the provision of services by the Bank...
Employment
Any other contract between a contracting authority and an individual...
Vertical arrangements
Emergency services
Public passenger transport services
Research and development services
International agreements and organisations
A contract awarded under a procedure— (a) adopted by an...
National security
Intelligence activities
Defence and security contracts
A defence and security contract where— (a) the supplier is...
A defence and security contract awarded under a procedure adopted...
(1) A contract between a local government pension scheme manager...
Horizontal arrangements
A defence and security contract awarded under an arrangement between...
Utilities contracts
A utilities contract for the supply of water to a...
A utilities contract for the supply of energy, or fuel...
A contract for the supply of goods, services or works...
Concession contracts
(1) A concession contract that— (a) confers an exclusive right...
A concession contract for the provision of public passenger transport...
Commercial contracts of the City of London
Defence and security contracts
Utilities contracts
(1) A utilities contract awarded for the supply of goods,...
General
Land and buildings etc
Broadcasting
General rule
Frameworks
Concession contracts
Anti-avoidance
Cases where estimate not possible
Utility activities
Gas and heat
Wholesale or retail sale of electricity in England, Scotland or...
Wholesale or retail sale of gas in England, Scotland or...
Exploration for oil in England, Scotland or Wales.
Exploration for natural gas in England, Scotland or Wales.
Production of oil in England, Scotland or Wales.
Production of natural gas in England, Scotland or Wales.
Development of infrastructure for production of oil in England, Scotland...
Development of infrastructure for production of natural gas in England,...
Electricity
Water
Transport
Ports and airports
Extraction of oil and gas and exploration for, or extraction of, coal or other solid fuels
Interpretation of Schedule
Generation of electricity in England, Scotland or Wales.
Production of electricity in England, Scotland or Wales.
This Schedule contains the direct award justifications.
Commodities
Advantageous terms on insolvency
A supplier is “undergoing insolvency proceedings” if it has—
Urgency
For the purpose of paragraph 13, urgency is unavoidable if...
User choice contracts
In paragraph 15, “user choice services” means services—
The conditions are that— (a) the individual to whom the...
Defence and security
(1) The following conditions are met in relation to the...
Prototypes and development
The following conditions are met in relation to the public...
In paragraph 2, “novel goods or services” means goods or...
Single suppliers
The following conditions are met in relation to the public...
The following conditions are met in relation to the public...
Additional or repeat goods, services or works
The public contract concerns the supply of goods, services or...
In paragraphs 7 and 8— “existing goods, services or works”...
Mandatory exclusion grounds
A mandatory exclusion ground applies to a supplier if the...
An offence under Article 172 or 172A of the Road...
An offence under section 58 of the Civic Government (Scotland)...
An offence under section 113 of the Representation of the...
An offence under section 178 of the Road Traffic Act...
An offence under section 327, 328 or 329 of the...
An offence under section 2, 3, 4, 6 or 7...
An offence under section 993 of the Companies Act 2006...
An offence under section 1, 2 or 6 of the...
An offence under section 49 of the Criminal Justice and...
Labour market, slavery and human trafficking offences
Corporate manslaughter or corporate homicide
An offence under the Employment (Miscellaneous Provisions) (Northern Ireland) Order...
An offence under section 31(1) of the National Minimum Wage...
An offence under the Gangmasters (Licensing) Act 2004 (offences relating...
An offence under section 1, 2, 4 or 30 of...
An offence under section 1, 4 or 32 of the...
An offence under section 1, 2 or 4 of the...
An offence under section 139 of the Employment Rights Act...
Organised crime
An offence under section 45 of the Serious Crime Act...
Tax offences
Terrorism
(1) An offence under the law of any part of...
An offence under section 45 or 46 of the Criminal...
Cartel offence
Ancillary offences
Offences committed outside the United Kingdom
National security
Misconduct in relation to tax
(1) A mandatory exclusion ground applies to a supplier if...
(1) A mandatory exclusion ground applies to a supplier if—...
(1) A mandatory exclusion ground applies to a supplier if...
Theft, fraud, bribery etc
(1) A mandatory exclusion ground applies to a supplier if...
Competition law infringements
Equivalents outside the United Kingdom
Failure to cooperate with investigation
Excluded matters
Definitions
An offence at common law of conspiracy to defraud.
An offence under any of the following sections of the...
An offence under any of the following sections of the...
An offence under section 3 of the Theft Act 1978...
An offence under section 5 of the Theft (Northern Ireland)...
Discretionary exclusion grounds
Labour market misconduct
(1) A discretionary exclusion ground applies to a supplier if...
Professional misconduct
Breach of contract and poor performance
Acting improperly in procurement
National security
Excluded matters
Definitions
Other terms used in this Schedule and defined in Schedule...
A discretionary exclusion ground applies to a supplier if the...
A discretionary exclusion ground applies to a supplier if the...
Environmental misconduct
Insolvency, bankruptcy, etc
A discretionary exclusion ground applies to a supplier if the...
Potential competition infringements
A discretionary exclusion ground applies to a supplier if the...
(1) A discretionary exclusion ground applies to a supplier if—...
Permitted contract modifications
Provided for in the contract
Defence authority contracts
A modification of a defence authority contract is a permitted...
Urgency and the protection of life, etc
Assume, for the purposes of paragraph 2, that the contract...
Unforeseeable circumstances
Materialisation of a known risk
In paragraph 5, a “known risk” means a risk that—...
In considering whether awarding a new contract would be in...
Additional goods, services or works
Transfer on corporate restructuring
Treaty state suppliers (specified international agreements)
Agreement between the United Kingdom of Great Britain and Northern...
Agreement on Trade Continuity between the United Kingdom of Great...
Free Trade Agreement between the United Kingdom of Great Britain...
Trade Continuity Agreement between the United Kingdom of Great Britain...
Free Trade Agreement between the United Kingdom of Great Britain...
Trade and Cooperation Agreement between the United Kingdom of Great...
Agreement establishing an Association between the United Kingdom of Great...
Partnership, Trade and Cooperation Agreement between the Government of the...
Free Trade Agreement between Iceland, the Principality of Liechtenstein and...
Free Trade Agreement between the United Kingdom of Great Britain...
Free Trade Agreement between the United Kingdom of Great Britain...
Comprehensive and Progressive Agreement for Trans-Pacific Partnership, signed at Santiago...
The Strategic Partnership and Cooperation Agreement between the United Kingdom...
The Agreement on Partnership and Cooperation between the Government of...
The Comprehensive Economic and Trade Agreement between the Government of...
Trade Agreement between the United Kingdom of Great Britain and...
Trade and Partnership Agreement between the Government of the United...
Economic Partnership Agreement between the CARIFORUM States, of the one...
Trade Agreement between the United Kingdom of Great Britain and...
Agreement Establishing an Association between the United Kingdom of Great...
Free Trade Agreement between the United Kingdom of Great Britain...
Procurement by devolved Scottish authorities
The Defence Reform Act 2014 is amended as follows.
(1) Section 18 (contract profit rate: supplementary) is amended as...
(1) Section 19 (rates etc relevant to determining contract profit...
Allowable costs
Reports
In section 43 (interpretation etc), in the definition of “financial...
Qualifying sub-contracts
In section 30(4)(a) (application of single source contracts regime to...
In section 31(3) (compliance notices)— (a) in paragraph (e), omit...
Powers of the Single Source Regulations Office (“SSRO”)
After section 35 insert— Guidance The SSRO may issue such guidance as it considers appropriate...
Definition of qualifying defence contract
In paragraph 10(3) of Schedule 4 (procedure of the SSRO),...
Pricing of qualifying defence contracts
(1) Section 16 (pricing of contracts: supplementary) is amended as...
After section 21(2) (final price adjustment) insert—
In section 22(1)(a) (recovery of unpaid amounts), after “section” insert...
(1) Section 42 (single source contract regulations: general) is amended...
In section 43 (interpretation etc), at the appropriate place insert—...
Contract profit rate
Primary legislation
Sections 39 and 40 of the Small Business, Enterprise and...
The Trade (Australia and New Zealand) Act 2023.
Subordinate legislation
The Public Contracts Regulations 2015 (S.I. 2015/102).
The Concession Contracts Regulations 2016 (S.I. 2016/273).
The Utilities Contracts Regulations 2016 (S.I. 2016/274).
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- Guidance for social care commissioners in Wales | EHRC (opens in a new tab) from EHRC Detailed Guidance
- Find public tender opportunities (opens in a new tab) Detailed Guidance
- MOD supplier enquiries (opens in a new tab) Detailed Guidance
- DASA Open Call for Innovation (opens in a new tab) Publication
- MOD Acquisition Pipeline (opens in a new tab) Publication
- Find a Tender (opens in a new tab) from Cabinet Office Detailed Guidance
- Contracts Finder (opens in a new tab) from Cabinet Office Detailed Guidance
- Defence Sourcing Portal (DSP) (opens in a new tab) Detailed Guidance
- Public Procurement Review Service (opens in a new tab) Publication
- Dynamic Purchasing Systems (opens in a new tab) Detailed Guidance
- ... and 7 more
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Procurement Review Unit (Cabinet Office)
Oversight body within the Cabinet Office scrutinising public-sector compliance with the Procurement Act 2023. Investigates complaints from suppliers and issues guidance and …
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Browse legislation
Find other UK business legislation with related guidance.
Regulators
Learn more about the bodies that enforce this legislation.