The Procurement Act 2023 and the subsequent Procurement Regulations 2024
(SI 2024/888) represent a landmark shift in the framework governing public
sector procurement in the United Kingdom. These reforms were driven by a desire
to modernise and simplify existing rules, consolidate fragmented legislation,
and ensure that public spending delivers measurable value. They are
particularly significant because they mark a clear departure from procurement
frameworks rooted in European Union law, reflecting the government’s
determination to develop a distinct domestic regime.
Although the Act received Royal Assent on 26 October 2023, the new
regime came into force on 24 February 2025. Transitional provisions ensure that
procurements already commenced under the previous rules (e.g. the Public
Contracts Regulations 2015) continue under those frameworks, while the new Act
applies to procurements started on or after 24 February 2025.
The commencement date was initially planned for October 2024 but was
delayed by four months to allow for fuller preparation and guidance. Guidance
and training programmes were rolled out throughout 2024 to support
implementation. The introduction of this legislation coincides with a period of
heightened scrutiny of public spending. The pandemic revealed both the
strengths and weaknesses of existing procurement systems, particularly in
relation to emergency contracting.
The reforms, therefore, aim not only to increase flexibility but also to
reassure the public that taxpayer money is being spent transparently and
effectively. In this context, the Act and Regulations are intended to rebuild
trust in procurement as a tool of public service delivery. The changes must
also be viewed against the backdrop of the UK’s post-Brexit regulatory
independence. Freed from the direct influence of EU procurement directives, the
UK has sought to design a system tailored to its own strategic objectives, such
as supporting small and medium-sized enterprises and embedding social value
considerations.
This shift indicates an attempt to align procurement with broader
national priorities, including environmental sustainability and regional
economic growth. At the same time, the new regime retains several features that
ensure compatibility with international commitments, particularly those under
the World Trade Organisation’s Agreement on Government Procurement. This
balance reflects the tension between the desire for sovereign control over
procurement policy and the practical need to remain aligned with global trading
partners. In this sense, the reforms are both a political and an economic
statement of the UK’s evolving role in international markets.
Historical Development of UK Procurement Law
The origins of modern UK procurement law lie in the transposition of
European Union directives into domestic regulations. The Public Contracts
Regulations 2015, alongside the Utilities Contracts Regulations 2016 and other
sector-specific frameworks, were designed to give effect to principles derived
from the EU treaties. These rules embedded the ideas of transparency, equal
treatment, and non-discrimination within UK law, ensuring a level playing field
for suppliers across the single market. However, they were often criticised for
being overly prescriptive and bureaucratic. Over time, contracting authorities
and suppliers became increasingly frustrated with the rigidity of these
frameworks.
The requirement to adhere to detailed procedural rules sometimes slowed
down procurement processes, especially in urgent situations. The COVID-19
pandemic exposed these limitations in stark terms, as public authorities were
forced to rely on emergency procurement powers to secure personal protective
equipment and other vital supplies. This experience underlined the need for a
more flexible and responsive system. The departure of the United Kingdom from
the European Union created an opportunity to rethink procurement law from first
principles. Freed from the obligation to mirror EU directives, the government
initiated a wide-ranging consultation to design a regime that would promote
innovation, competition, and efficiency while also serving broader public
policy objectives.
The resulting Procurement Act 2023 is the product of this process,
aiming to strike a balance between flexibility and accountability. While many
provisions represent simplification and innovation, core principles such as
non-discrimination, equal treatment, and transparency remain embedded,
reflecting both continuity with EU-derived frameworks and the UK’s commitments
under the WTO GPA and the UK-EU Trade and Cooperation Agreement. At the same
time, the reforms acknowledge the continuing importance of international
obligations. The UK’s membership of the World Trade Organisation’s Agreement on
Government Procurement requires adherence to core principles such as
non-discrimination and transparency.
Consequently, while the Act marks a shift towards a uniquely British
model, it remains embedded within the global procurement framework, ensuring
that the UK remains an attractive market for international suppliers while
prioritising national priorities. It should also be noted that the Procurement
Act 2023 applies in England, Wales, and Northern Ireland only. Scotland
continues to operate its own procurement regime under the Procurement Reform
(Scotland) Act 2014 and related regulations, meaning that the new rules do not
extend UK-wide.
Objectives of the Procurement Act 2023
The statutory objectives of the Procurement Act 2023 (value for money,
public benefit, transparency, integrity) reflect a shift towards more
outcome-focused duties. Broader government policy goals, such as Net Zero and
levelling up, remain influential but are not statutory obligations under the
Act itself. While the earlier framework emphasised transparency,
proportionality, and equal treatment as guiding concepts, the new Act
establishes objectives such as delivering value for money, maximising public
benefit, sharing information to enhance understanding, and upholding integrity.
This shift illustrates a more pragmatic approach, focusing on tangible results
rather than purely legalistic principles.
It is essential to distinguish between statutory objectives under the
Act, such as value for money, public benefit, and integrity, and broader
government policy aims like levelling up and Net Zero. The latter may inform
procurement practice, but only the former are enshrined as legal duties. Delivering
value for money has long been a cornerstone of public procurement policy, but
the new Act extends this principle beyond cost considerations. It encourages
contracting authorities to assess long-term benefits, quality, and
sustainability alongside financial efficiency.
This ensures that procurement decisions contribute meaningfully to
public service delivery, rather than prioritising short-term savings at the
expense of broader outcomes. In this sense, procurement is reconceptualised as
a strategic tool for creating public value. Another key objective is the
maximisation of public benefit. This moves procurement beyond a transactional
process into one that actively supports social, economic, and environmental
policy goals. By requiring authorities to consider issues such as job creation,
skills development, and climate change, the Act embeds procurement into the
broader framework of public policy.
It transforms procurement into a vehicle for national development rather
than a narrow mechanism for purchasing goods and services. Integrity remains a
central objective, reflecting the ongoing need to ensure public trust in
procurement systems. The Act makes clear that contracting authorities must act
equitably and prevent suppliers from gaining unfair advantages. This objective
is fundamental, given past controversies where allegations of favouritism or
insufficient competition have undermined confidence in public procurement. By
reinforcing integrity as a legal requirement, the Act aims to rebuild trust in
the fairness and probity of procurement processes.
Key Legislative Changes
The Procurement Act 2023 introduces a series of significant reforms
designed to modernise and simplify the procurement process. One of the most
important changes is the replacement of the “Most Economically Advantageous
Tender” with the concept of the “Most Advantageous Tender.” This reform
broadens the criteria for awarding contracts, allowing contracting authorities
to prioritise quality, innovation, sustainability, and social value alongside
financial considerations. This approach acknowledges that public contracts
should deliver outcomes beyond immediate cost efficiency.
By allowing contracts to be awarded based on wider benefits, authorities
are encouraged to assess the overall contribution of a supplier to the public
good. For instance, a contract might be awarded to a supplier who offers
environmentally sustainable solutions even if their bid is slightly higher in
price. This represents a decisive move towards outcome-based procurement,
reinforcing the government’s commitment to aligning spending decisions with
broader policy objectives.
Another significant legislative change lies in the introduction of new
procurement procedures. Alongside the traditional Open Procedure, the Act
introduces the Competitive Flexible Procedure, which allows contracting
authorities to design tailored procurement processes. This provides greater
flexibility, enabling negotiation and dialogue with suppliers, and encourages
innovation in the design of public contracts. By adopting this approach,
authorities can leverage supplier expertise and ensure that procurement
strategies are more effectively adapted to complex and evolving requirements.
The reforms also strengthen transparency through new disclosure
obligations. In practice, the statutory duty to publish a Pipeline Notice
applies only to central government contracting authorities that expect to spend
more than £100 million in a financial year, and it covers procurements with an
estimated value above £2 million within the next 18 months.
Other authorities may publish pipeline information voluntarily, but the
obligation is not universal. The emphasis on measurable outcomes ensures that
supplier performance can be tracked throughout the contract’s lifecycle. Taken
together, these legislative changes represent a comprehensive effort to
establish a procurement system that is more efficient, transparent, and aligned
with the strategic needs of the public sector.
The Role of Small and Medium-Sized Enterprises (SMEs)
Small and medium-sized enterprises are integral to the United Kingdom’s
economy, and the Procurement Act 2023 places a clear emphasis on improving
their ability to participate in public procurement. Historically, SMEs have faced
barriers such as onerous administrative requirements, restrictive financial
thresholds, and limited access to market information. By addressing these
obstacles, the Act aims to expand competition, stimulate innovation, and ensure
a more equitable distribution of procurement opportunities throughout the
economy. Section 12 of the Act introduces a statutory duty requiring
contracting authorities to ‘have regard’ to the barriers faced by SMEs. This is
a ‘duty of regard’ rather than a direct objective in the Act and is
supplemented by government policy notes and guidance.
The Act does not create a general power to reserve above-threshold
contracts solely for SMEs, as this would conflict with WTO/GPA commitments.
However, limited reservation powers exist (e.g. supported employment providers,
mutuals, certain light-touch services). Below-threshold contracts may be
reserved in line with government policy, but these are policy tools rather than
hard statutory rights. Limited reservations are permitted, such as contracts
for supported employment providers under section 32 and certain light-touch
services provided by mutuals under section 33. These are carefully defined
exceptions within the statutory framework.
Below-threshold contracts may, however, be reserved by supplier type or
geographical location, as per Cabinet Office policy notes. Such measures are
not statutory SME set-asides but reflect government policy intended to widen
access for smaller providers. This nuanced approach ensures compliance with
international trade commitments while simultaneously encouraging broader SME
participation. It reflects a balance between the UK’s global obligations and
its domestic economic priorities, supporting smaller businesses in ways that
are legally sustainable and strategically targeted.
The policy focus on SMEs also aligns with broader government objectives,
particularly those concerning levelling up, strengthening regional economies,
and building more resilient supply chains. By making procurement more
accessible, contracting authorities are encouraged to create opportunities for
enterprises that may otherwise be excluded from competing with larger
corporations. This targeted support ensures that public spending contributes
directly to local economic development while maintaining open and fair
competition.
The benefits of this approach are already evident in sectors such as
technology and construction, where SMEs often provide specialised expertise and
innovative solutions. For example, digital SMEs can deliver agile and
cost-effective software systems that rival or even outperform those offered by
larger multinational providers. By lowering barriers to entry and ensuring
fairer access to public contracts, the procurement regime not only supports the
growth of SMEs but also enables contracting authorities to tap into a more
diverse and dynamic pool of suppliers.
In addition, the reforms strengthen payment practices to ensure SMEs are
not unfairly disadvantaged once contracts are awarded. The Act imposes a
statutory maximum 30-day payment term that must cascade down supply chains,
covering both prime contractors and subcontractors. This measure builds on
existing prompt payment policies and tackles one of the most persistent
barriers faced by SMEs: late payments. By addressing cash flow risks, the
reforms not only encourage greater SME participation but also enhance the
long-term resilience and sustainability of the public sector supplier base.
Embedding Social Value and Sustainability
One of the most distinctive features of the Procurement Act 2023 is its
emphasis on embedding social value and sustainability within procurement
decisions. While the Act sets statutory objectives, such as value for money,
public benefit, and integrity, contracting authorities are also expected, under
government policy guidance, to consider how procurement can contribute to
broader national priority outcomes, including job creation, climate change
mitigation, and waste reduction. This represents a clear recognition that
public spending can and should be used as a lever to deliver wider societal
benefits.
The concept of social value has been progressively incorporated into
procurement policy through initiatives such as the Social Value Act 2012 and
Procurement Policy Notes. The new Act, however, reinforces the importance of
these considerations by embedding them within the broader statutory objectives,
such as public benefit and value for money.
While not expressly listed as standalone statutory duties, government
policy (through Procurement Policy Notes and guidance) makes clear that
contracting authorities are expected to take account of social value and
sustainability in practice. This ensures that issues such as environmental
sustainability, community engagement, and skills development are no longer
peripheral but central to the decision-making process in awarding contracts.
Such integration reflects a broader shift towards socially responsible
governance.
Case studies already demonstrate how procurement can be leveraged to
achieve sustainable outcomes. Local authorities, for instance, have awarded
waste management contracts requiring contractors to reduce landfill dependency
and invest in recycling infrastructure. Similarly, healthcare procurement has
incorporated requirements for suppliers to reduce carbon emissions across their
supply chains. These examples illustrate how procurement can serve as a tool
for policy integration, ensuring that economic decisions also yield
environmental and social benefits.
The emphasis on social value also ensures alignment with broader
government agendas, such as the Net Zero Strategy and the levelling up agenda.
By embedding these objectives in the legal framework, the Procurement Act
provides contracting authorities with both the mandate and the responsibility
to shape procurement decisions that reflect national priorities. This
represents a significant cultural shift, positioning procurement as a strategic
instrument of government policy rather than a purely administrative function.
Technology, Data, and Digital Procurement
The introduction of a centralised digital platform under the Procurement
Act 2023 marks a significant step toward modernising procurement processes. This platform is designed to serve as
a single point of access for suppliers, allowing them to register,
update their information, and access opportunities in one convenient location.
By consolidating processes in this manner, the government aims to reduce
duplication, enhance efficiency, and make the system more accessible to suppliers
of all sizes.
Beyond accessibility, the digital platform also promises to improve
transparency. By publishing procurement pipelines, contract awards, and
performance indicators in a centralised format, it will become easier for
stakeholders to scrutinise procurement activity. This fosters accountability
and supports evidence-based policy development by providing researchers,
auditors, and policymakers with reliable data on how public money is being
spent. It also strengthens supplier confidence in the fairness of procurement
processes.
The use of technology in procurement also extends to data analytics and
artificial intelligence. Advanced data analysis can help authorities detect
patterns of supplier performance, monitor compliance, and identify risks of
corruption or inefficiency. Artificial intelligence can support decision-making
by identifying innovative suppliers or optimising evaluation processes. These
tools have already been piloted in other jurisdictions, such as South Korea,
where digital procurement systems have significantly reduced opportunities for
fraud.
However, the move towards digitalisation is not without challenges.
Concerns about data security, cyber risks, and digital exclusion must be
addressed to ensure that the benefits of the new system are realised without
unintended consequences. Smaller suppliers may require additional support to
engage effectively with digital processes, while contracting authorities will
need training and resources to manage the transition. Despite these challenges,
the digital transformation of procurement represents a vital step towards a
more transparent and efficient system.
Accountability, Oversight, and the Procurement Review Unit
The Procurement Act 2023 enhances accountability in public procurement
by creating new oversight mechanisms. Central to this is the Procurement Review
Unit (PRU), established within the Cabinet Office. The PRU is responsible for
monitoring compliance, investigating systemic issues, and maintaining the
debarment list of excluded suppliers. Importantly, the PRU does not function as
a tribunal or Ombudsman. It cannot provide remedies to suppliers, who must
continue to pursue legal challenges through the courts, particularly the High
Court or Court of Session. The UK’s approach contrasts with international
models, such as Canada, where a procurement Ombudsman investigates supplier
complaints and offers quicker, less adversarial alternatives to litigation.
By comparison, the UK has chosen to retain judicial enforcement while
introducing the PRU as an investigatory oversight body. This choice reflects a
policy preference for investigatory rather than adjudicative powers.
Nevertheless, the PRU plays a monitoring and investigatory role, but it cannot
grant legal remedies or overturn procurement decisions. Suppliers must still
seek remedies in the courts. Exclusion is subject to procedural safeguards,
including supplier representations and self-cleaning opportunities, and applies
only where statutory grounds are met.
Beyond investigatory functions, the Act also strengthens enforcement
through enhanced exclusion powers. Contracting authorities are now explicitly
empowered to exclude suppliers that have engaged in corrupt practices, breached
contracts, or otherwise demonstrated unethical behaviour. This ensures that
businesses undermining trust in public procurement cannot continue benefiting
from public contracts. The strengthened powers underscore the government’s
commitment to safeguarding taxpayer interests, reinforcing public trust, and
ensuring that integrity remains at the core of procurement practice under the
new statutory framework.
Transparency is also a central pillar of accountability under the new
regime. Subject to specific levels of spend, larger contracting authorities
must disclose their procurement pipelines, key performance indicators, and
contract outcomes, making procurement decisions more transparent and accessible
to the public. These measures enable oversight by civil society, the media, and
independent monitors, thereby encouraging fair competition and deterring
misconduct. Together, the PRU, enhanced exclusion powers, and strengthened
transparency obligations form a comprehensive framework for accountability.
This system aims to deliver fairer, more open, and more effective procurement
across the United Kingdom.
The Procurement Regulations 2024
The package of statutory instruments made in 2024 under the Procurement
Act – including, for example, the Procurement Act 2023 (Commencement No. 1 and
Transitional Provisions) Regulations 2024 (SI 2024/888) – provides the detailed
framework necessary to operationalise the Act. Commentators often refer to the
package collectively as the ‘Procurement Regulations 2024,’ but in fact, they
comprise multiple statutory instruments (e.g., SI 2024/888, which covers
commencement and transitional provisions).
The obligation applies specifically to statutory notices; competitions
may still run on separate systems. Together, they ensure consistency and
predictability across the procurement landscape. It is important to note that
the Regulations are secondary legislation, designed to give procedural effect
to the Act through commencement, transitional, and operational rules. They do
not constitute a standalone framework separate from the Act.
One of the defining features of the Regulations is the emphasis on
electronic procurement systems. Contracting authorities are required to publish
notices and use data standards through the new central digital platform. Find a
Tender forms part of this system, but the platform also incorporates supplier
registration and contract performance reporting. The statutory obligation
applies specifically to the publication of notices (tender, award,
transparency) via the central platform. Contracting authorities may continue to
use their own e-tendering portals to run competitions; however, statutory
notices (tender, award, and transparency) must be routed via the central
platform.
The Act and Regulations focus on standardised data and transparency
rather than mandating a single government-run tendering system. This move
supports efficiency by automating routine processes, while also enabling more
effective monitoring and analysis of procurement activity. The integration of
digital systems also reduces opportunities for corruption or favouritism by
creating auditable records of decision-making and supplier engagement.
Another critical aspect of the Regulations is the strengthened focus on
ethical procurement practices. Public officials are bound by a strict code of
conduct that prohibits the acceptance of gifts or favours from suppliers and
requires the disclosure of conflicts of interest. These measures are designed
to protect procurement from undue influence and ensure that contracts are
awarded based on merit, rather than personal or financial considerations. The
emphasis on ethics reflects broader governmental efforts to combat corruption
in public life.
The combined effect of the Regulations is to enhance transparency,
equity, and efficiency in public procurement. By refining the processes
outlined in the Act and embedding them in operational rules, they ensure
greater consistency and accountability. The Regulations, therefore, play a
crucial role in safeguarding public trust, strengthening governance, and
aligning procurement practices with the principles of fairness, responsibility,
and good administration. Together with the Act, they mark a decisive shift
towards a modernised procurement regime.
Practical Implications for Contracting Authorities
For contracting authorities, the Procurement Act 2023 and Regulations
2024 bring significant practical implications. Authorities must adapt their
internal procedures to comply with new legal obligations, requiring investment
in training, systems, and governance structures. Procurement officers must
familiarise themselves with the Competitive Flexible Procedure, disclosure
requirements, and digital platforms. This represents both a challenge and an
opportunity to build capacity and enhance professionalism within public sector
procurement teams.
Early market engagement is strongly encouraged under the new regime.
Authorities are expected to consult suppliers before formal procurement begins,
gathering insights on market conditions, innovative solutions, and potential
risks. This approach enables the design of more effective procurement
strategies and fosters genuine competition. It also aligns with the broader
objective of transparency, as engaging openly with the market reduces the
perception of favouritism and increases supplier confidence in the fairness of
the process.
A case study of B3Living, a housing association, illustrates how
organisations are preparing for these changes. By reviewing procurement
guidelines and adapting templates, the organisation has positioned itself to
comply with new notification and timing requirements. The use of a digital
tendering portal ensures that all processes are fully compliant with the
updated legal framework. This example demonstrates that, while the changes may
require adjustment, they also present opportunities for organisations to
modernise procurement systems and improve governance.
Authorities must also adapt to enhanced reporting requirements,
particularly in relation to key performance indicators for high-value
contracts. Monitoring supplier performance and publishing certain KPIs is
required for high-value contracts (as defined in the Regulations), but the duty
is not universal. This change will require contracting authorities to develop
more robust contract management systems and ensure consistent evaluation of
outcomes. While this may initially increase administrative burdens, it
ultimately contributes to more effective contract delivery, enhanced
accountability, and greater value for money in public spending.
Challenges and Criticisms
Despite the benefits of the reforms, challenges remain in their
implementation. Contracting authorities may find the transition to new
procedures and digital systems resource-intensive, requiring training,
investment, and cultural change. Smaller authorities, in particular, may lack
the capacity to implement reforms effectively, leading to uneven compliance
across the public sector. This raises the risk of a two-tier system in which
larger organisations adapt more smoothly while smaller bodies struggle to meet
obligations.
There are also criticisms that the reforms may create unintended
complexity. While the Act and Regulations aim to simplify procurement, the
introduction of new procedures, reporting requirements, and oversight
mechanisms could increase administrative burdens. Suppliers may face additional
challenges in navigating disclosure requirements, understanding new evaluation
criteria, and adapting to digital platforms. This raises concerns about whether
the reforms will truly achieve their goal of streamlining procurement
processes.
Another area of criticism lies in the balance between flexibility and
accountability. While the Competitive Flexible Procedure offers greater scope
for innovation and negotiation, it may also create opportunities for
inconsistent decision-making. Without careful oversight, there is a risk that
flexibility could be exploited to favour certain suppliers or reduce
competition. While enhanced transparency obligations and the oversight role of
the Procurement Review Unit aim to mitigate this risk, no procurement Ombudsman
has been introduced. Oversight remains investigatory via the PRU and
adjudicative through the courts.
Finally, questions have been raised about the effectiveness of embedding
social value and sustainability within procurement. While these objectives are
laudable, measuring and evaluating social value outcomes remains challenging.
Authorities may struggle to develop robust metrics for assessing community
benefits, environmental consequences, or skill development initiatives. Without
clear guidance and consistent evaluation frameworks, there is a risk that
social value considerations could become tokenistic rather than transformative.
Addressing these challenges will be crucial to ensuring the success of the
reforms.
International Comparisons
The UK’s reforms can be better understood in the context of
international procurement systems. Many countries have already introduced
reforms to enhance flexibility, transparency, and accountability in public
procurement. For example, New Zealand has long emphasised the importance of
engaging with suppliers and incorporating broader outcomes into procurement
decisions, particularly in relation to sustainability and social inclusion. The
UK’s reforms, therefore, align with international best practice while adapting
to domestic needs.
The Canadian Ombudsman contrasts with the UK’s investigatory-only PRU,
which lacks adjudicative powers. The Canadian model has proven effective in
addressing supplier grievances quickly and at a low cost, thereby reducing the
need for court action. By adopting a similar system, the UK strengthens the
fairness and accessibility of its procurement regime. This demonstrates a
willingness to learn from international experiences and adapt them to a UK
context.
The European Union remains a key point of reference, as the UK
previously operated under EU procurement directives. Since Brexit, the EU has
continued to refine its procurement framework, particularly in relation to
green procurement and digitalisation. The UK’s reforms diverge in certain
respects, such as the greater emphasis on supporting SMEs and the introduction
of a bespoke Competitive Flexible Procedure. However, similarities in
objectives, such as transparency and sustainability, ensure broad alignment
with international principles.
The United States also provides valuable insights into the potential
benefits and risks associated with flexible procurement. The federal
procurement system often emphasises negotiation and innovation but has faced
challenges in ensuring consistency across agencies. The UK will need to strike
a balance between flexibility and strong oversight to avoid similar pitfalls.
Overall, the UK’s reforms position it as a leader in procurement modernisation,
while still reflecting global trends towards greater efficiency, transparency,
and social responsibility.
Future Directions in Procurement Law
The Procurement Act 2023 and Regulations 2024 represent a substantial
reform, but procurement law is likely to continue evolving in response to new
challenges and policy priorities. One potential area of future development is
the increasing use of technology. Artificial intelligence, blockchain, and
advanced analytics can play a more significant role in contract management,
risk assessment, and supplier evaluation. Harnessing these technologies will be
crucial for ensuring that procurement remains efficient, transparent, and
capable of meeting the complex needs of the public.
Another direction of reform may focus on strengthening social and
environmental outcomes. As the urgency of climate change intensifies, there may
be further legislative requirements for procurement to contribute directly to
achieving net-zero emissions. This could include stricter sustainability
criteria, mandatory carbon reporting for suppliers, and greater emphasis on
circular economy principles. Procurement is increasingly recognised as a
powerful tool for achieving environmental goals, and future reforms are likely
to reflect this recognition.
International trade considerations may also shape future procurement
law. As the UK negotiates trade agreements with its global partners,
procurement rules may need to be adapted to ensure compatibility with
international obligations. This could involve balancing the desire to
prioritise domestic suppliers with the need to maintain open markets and avoid
protectionism. The interplay between domestic priorities and global commitments
will continue to be a defining feature of procurement policy.
Finally, future reforms may focus on enhancing professional development
within procurement. The successful implementation of complex legislation
requires skilled professionals with expertise in law, economics, and contract
management. Expanding training programmes, developing professional standards,
and investing in capacity building will be crucial for ensuring that
procurement teams can deliver the outcomes envisaged by the Act. In this sense,
the future of procurement law is as much about people and practice as it is
about legislation.
Summary: Modernising Public Procurement in the UK
The Procurement Act 2023 and the Procurement Regulations 2024 (SI
2024/888) represent a transformative moment in the development of UK
procurement law. By consolidating fragmented legislation, introducing new
procedures, and embedding objectives such as social value and sustainability,
the reforms establish a modern and outcome-oriented procurement framework. They
reflect both a break from the EU-derived system and a commitment to
international principles of fairness, transparency, and accountability. Together,
the Act and Regulations provide the foundations for a more outcome-oriented and
transparent procurement system. While much continuity remains with the previous
EU-derived framework, the reforms aim to simplify processes and emphasise
public benefit and accountability.
The reforms are not without their challenges. Contracting authorities
face the task of adapting systems, investing in digital platforms, and
developing new skills. Suppliers must familiarise themselves with revised
criteria and engage with more transparent and competitive processes. The risk
of unintended complexity, inconsistent application, or tokenistic approaches to
social value cannot be ignored. Nonetheless, the introduction of oversight
mechanisms such as the Procurement Review Unit provides safeguards to ensure
that the objectives of fairness and integrity are realised.
The reforms also reflect a broader shift in the role of procurement
within public governance. No longer regarded as a narrow administrative
function, procurement is increasingly recognised as a strategic tool for
achieving national priorities. From supporting SMEs and promoting
sustainability to enhancing transparency and accountability, the Act and
Regulations embed procurement firmly into the broader policy agenda. This
represents a cultural as well as a legal transformation in how public contracts
are conceived and delivered.
Looking forward, the Procurement Act 2023 and Regulations 2024 provide a
strong foundation for continued evolution. Future reforms are likely to focus
on technology, sustainability, international trade, and professional
development. The challenge will be to strike a balance between flexibility and
oversight, ensuring that procurement remains responsive without compromising
integrity. If effectively implemented, the reforms have the potential to
establish the UK as a leader in modern, transparent, and socially responsible
procurement, delivering genuine value for the public and society as a whole. It
should be reiterated that the Act applies only in England, Wales, and Northern
Ireland. Scotland continues to operate under the Procurement Reform (Scotland)
Act 2014 and related regulations.
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