The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke and replace the Public Procurement (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/560 – “the first exit SI”) and the Public Procurement (Amendment etc.) (EU Exit) (No. 2) Regulation 2019 (S.I. 2019/623 – “the second exit SI”) which amended the first exit SI. As a result, the revoked Regulations will not come into force.

These Regulations are made partly in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) (“the 2018 Act”) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under paragraphs (a), (b), (d), (e), (f) and (g) of section 8(2)) arising from the withdrawal of the UK from the European Union. Many of the provisions in these Regulations are unchanged from the first exit SI (as amended by the second exit SI), but additional deficiencies are addressed and some of the original provisions are changed.

These Regulations make amendments in the field of public procurement. Part 2 amends primary legislation. Part 3 amends subordinate legislation. In particular, Chapters 1, 2 and 3 of Part 3 amend the Public Contracts Regulations 2015 (S.I. 2015/102), the Concession Contracts Regulations 2016 (S.I. 2016/273) and the Utilities Contracts Regulations 2016 (S.I 2016/274), respectively, and Chapter 4 amends other subordinate legislation. Part 4 amends, and in one case revokes, retained direct EU legislation. Part 5 provides for certain rights etc. derived from certain international agreements to cease.

These Regulations are also made partly in exercise of the powers conferred by section 8B(1) of the 2018 Act in order to implement Title 8 (ongoing public procurement and similar procedures) of Part 3 of the withdrawal agreement and the corresponding Title 5 of Part 3 of the EEA EFTA separation agreement(1). In particular, the Schedule to these Regulations differs markedly from the Schedule to the first exit SI in providing for procedures that are ongoing on IP completion day to continue without being subject to any substantive changes in the procurement rules applicable to them. The Schedule also contains various other savings that are unconnected with those agreements.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.

(1)

Section 8B was inserted by section 18 of the European Union (Withdrawal Agreement) Act 2020 (c. 1). For the meaning of “withdrawal agreement”, “EEA EFTA separation agreement” and “IP completion day” see section 39(1) of the latter Act.