The Public Procurement (Amendment etc.) (EU Exit) Regulations 2019

The Public Contracts Regulations 2006

11.—(1) To the extent that the Public Contracts Regulations 2006(1) (“the 2006 Regulations”) continue to have prospective effect, their effect is modified as follows.

(2) The 2006 Regulations have prospective effect as if—

(a) all references in them to a “member State” continued to include the United Kingdom;

(b) all requirements to send any notice to the Official Journal of the European Union were instead a requirement to submit the notice to the UK e-notification service for publication;

(c) all provisions relating or referring to such a requirement, or to the publication of such a notice in that Journal, were instead references to that requirement as modified by sub-paragraph (b) and to the publication of that notice on the UK e-notification service;

(d) in regulation 9(5) (which provides for the definition of certain technical specifications), the words “and to the extent that those provisions are compatible with EU obligations” were omitted;

(e) regulation 14(2) (which requires certain reports to be supplied to the European Commission on request) were omitted;

(f) in regulation 25(4)(a) (which provides for evidence of certain environmental management measures)—

(i) in paragraph (i), sub-paragraph (aa) were omitted; and

(ii) in paragraph (ii), the words “conforming to EU law or” were omitted;

(g) regulation 30(7)(e), (8) and (9) (which relate to State aid) were omitted;

(h) regulation 32(16) (which provides for the provision of certain reports requested by the European Commission) were omitted;

(i) regulation 40(2) (which requires certain information to be provided for the European Commission) were omitted;

(j) in regulation 47A(1)(a)(ii) (which makes compliance with certain obligations a duty owed to economic operators), the words “any enforceable EU obligation” referred instead to any retained EU obligation that is enforceable by virtue of section 4 of the European Union (Withdrawal) Act 2018.

(3) In paragraph (2)(b) and (c), “the UK e-notification service” has the meaning given by regulation 51(5) of the Public Contracts Regulations 2015, and regulation 51(6)(a) and (7) of those Regulations apply for the purposes of the 2006 Regulations as modified by paragraph 2(b) and (c).

(4) Where—

(a) immediately before exit day, a procurement has been commenced,

(b) on or after exit day, a contract is awarded or any other act is done, pursuant to that procurement, and

(c) that award or other act would, if it had occurred before exit day, have been covered by an exemption from requirements of the 2006 Regulations by virtue of any provision in those Regulations,

that award or other act is covered by that exemption on and after exit day regardless of whether the terms used to define that exemption in the 2006 Regulations would otherwise have been apt to continue to achieve that effect on and after exit day.

(5) Paragraph 1 of the Schedule to these Regulations applies for the purposes of paragraph (4) of this regulation as it applies for the purposes of the Schedule.

(1)

S.I. 2006/5. The Regulations were revoked by S.I. 2015/102 but subject to savings. Before being revoked, the Regulations had been amended by S.I. 2007/3542, 2008/2256, 2683, 2848, 2009/1307, 2992, 2010/133, 976, 2011/1043, 1848, 2053, 2581, 3058, 2013/252, 1431, 2014/834 and by the Enterprise and Regulatory Reform Act 2013 (c. 24), Schedule 20, paragraph 2.