Public procurement after Brexit: a period of change with much more to come

The UK public procurement regime has seen a number of important developments during 2021 with even more significant changes on the horizon for project finance practitioners to monitor.

After IP completion day the EU Directives underpinning the domestic public procurement regime no longer directly apply to contracting authorities in the UK. However most of the relevant EU law has been implemented into domestic law by national legislation which remains in place as retained EU-derived domestic legislation. This includes the:

  • Public Contracts Regulations 2015;
  • Utilities Contracts Regulations 2016;
  • Concessions Contracts Regulations 2016; and
  • Defence and Security Public Contracts Regulations 2011.

Where necessary the Public Procurement (Amendment etc) (EU Exit) Regulations 2020 amended and revoked provisions of public procurement legislation ensuring that the legislation would continue to operate effectively after the...