Public Contracts Regulations 2015 – New Procurement Law In Effect Today

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Do procurement managers now need a TARDIS to travel in time and across two parallel universes of procurement regulation?

Today is the commencement date for the Public Contracts Regulations 2015 which means that from now public bodies will need to be aware of the parallel application of the 2006 Regulations and the new 2015 version. It isn’t safe to forget the “old” Regulations yet as their effect will continue for all procurement exercises commenced before today.

New procurements starting now will be under the new 2015 Regulations and so the new threshold levels, procurement categories and sub-threshold advertising rules will apply. The 2015 Regulations will not apply retrospectively to procurements already underway and they will continue to be governed by the 2006 Regulations through to the award and standstill stages and potentially into any challenges as well.

There is a twilight zone between the two sets of Regulations because the new 2015 Regulations codify a number of aspects of procurement law that were previously dealt with under the caselaw decisions of the European Court of Justice. The well-known Teckal and Pressetext principles are now set out in the 2015 Regulations as are other rules derived from cases decided since 2006. That might make the 2015 Regulations part of understanding how the 2006 version should be interpreted. The rationale for that new content in the Regulations was to set out the law as it had developed rather than to change it – that’s why the wording of the 2015 Regulations and the Directive which they implement is taken directly from the cases – so they should have some value in confirming what the law was as well as what it is going to be.

We will be arranging some training for organisations affected by the change in Regulations and will circulate the dates for that as soon as we have it set up.

In the meantime and generally Daniel Milnes, Head of Contracts & Projects is available to advise on questions about the old or new Regulations and their interaction.

Daniel Milnes

About Daniel Milnes

Dan is a Partner and Head of Contracts & Projects. Dan’s blogs cover the areas in which his specialities lie in commercial, regulatory and governance law which cover a broad range of matters dealing with contracts, projects, corporate and group structures, funding and compliance with a range of legal regimes including data protection. This also involves writing and advising on various forms of commercial contracts including joint ventures, development and construction agreements and intellectual property contracts including IT agreements, sponsorships and other rights licensing arrangements.
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