What is regulated procurement?
Structure of the legislation
The legal framework of the public procurement regime (until the Procurement Act 2023 comes into force, expected in October 2024) is embodied in regulations in England, Wales and Northern Ireland, which are as follows:
- The Public Contracts Regulations 2015 (PCR 2015) (this section focuses mainly on this regulation)
- The Concession Contracts Regulations 2016 (CCR 2016)
- The Utilities Contracts Regulations 2016 (UCR 2016) and
- The Defence and Security Public Contracts Regulations 2011 (DSPCR 2011).
CCR 2016, PCR 2015 and UCR 2016 do not extend to Scotland. Separate (but similar) regulations have been adopted in Scotland. By contrast, DSPCR 2011 extend to the whole of the UK.
Each set of Regulations also provides for a system of remedies available to a supplier when faced with a breach of the procurement rules by a public body or utility. This is contained in the chapters on remedies in PCR 2015, UCR 2016, CCR 2016 and DSPCR 2011. For more information on that aspect of the regime, see Remedies available to aggrieved suppliers.