PART 1General

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Public Procurement (Agreement on Government Procurement) (Amendment) (No. 2) Regulations 2021 and come into force on 16th August 2021.

(2) The amendments made by these Regulations have the same extent as the provisions to which they relate.

PART 2Amendment of United Kingdom Secondary Legislation

Amendments to the Public Contracts Regulations 2015

2.—(1)The Public Contracts Regulations 2015(2) are amended as follows.

(2) In regulation 2 (definitions), in paragraph (1), in the definition of “GPA”, for “the United Kingdom’s accession” substitute “16th May 2021”.

(3) For Schedule 1 (central government authorities), substitute the Schedule contained in Schedule 1 to these Regulations.

Amendments to the Concession Contracts Regulations 2016

3.—(1)The Concession Contracts Regulations 2016(3) are amended as follows.

(2) In regulation 2 (interpretation), in paragraph (1), in the definition of “GPA”, for “the United Kingdom’s accession” substitute “16th May 2021”.

(3) In regulation 51A (duty owed to economic operators from GPA parties), for paragraph (3) substitute—

“(3)In this regulation, “relevant time” means the date on which the contracting authority or utility submitted a concession notice in respect of the concession contract to the UK e-notification service or would have done so if it had been required by these Regulations to do so.”.

Amendment to the Utilities Contracts Regulations 2016

4.—(1)The Utilities Contracts Regulations 2016(4) are amended as follows.

(2) In regulation 2 (definitions), in paragraph (1), in the definition of “GPA”, for “the United Kingdom’s accession” substitute “16th May 2021”.

PART 3Amendment of Scottish Secondary Legislation

Amendments to the Public Contracts (Scotland) Regulations 2015

5.—(1)The Public Contracts (Scotland) Regulations 2015(5) are amended as follows.

(2) In regulation 2 (interpretation), in paragraph (1), in the definition of “GPA”, for “the United Kingdom’s accession” substitute “16th May 2021”.

(3) For Schedule 1 (central government authorities), substitute the Schedule contained in Schedule 2 to these Regulations.

Amendment to the Utilities Contracts (Scotland) Regulations 2016

6.—(1)The Utilities Contracts (Scotland) Regulations 2016(6) are amended as follows.

(2) In regulation 2 (interpretation), in paragraph (1), in the definition of “GPA”, for “the United Kingdom’s accession” substitute “16th May 2021”.

Amendments to the Concession Contracts (Scotland) Regulations 2016

7.—(1)The Concession Contracts (Scotland) Regulations 2016(7) are amended as follows.

(2) In regulation 2 (interpretation), in paragraph (1), in the definition of “GPA”, for “the United Kingdom’s accession” substitute “16th May 2021”.

(3) In regulation 51A (duty owed to economic operators from GPA parties), for paragraph (3) substitute—

“(3)In this regulation, “relevant time” means the date on which the contracting entity submitted a concession notice in respect of the concession contract to the UK e-notification service or would have done so if it had been required by these Regulations to do so.”.

Regulation 2(3)

SCHEDULE 1

Regulation 2(1)

“SCHEDULE 1CENTRAL GOVERNMENT AUTHORITIES

Where an entity listed in this Schedule is succeeded by another entity, which is itself a contracting authority, the successor entity shall be deemed to be included in this Schedule.

PART1GPA ANNEX 1 CONTRACTING AUTHORITIES(8)

• Attorney General’s Office

  • Government Legal Department

• Cabinet Office

  • Office of the Parliamentary Counsel

  • Boundary Commission for England

  • Crown Commercial Service

• Charity Commission

• Crown Estate – Vote Expenditure Only

• Crown Prosecution Service

• Department for Business, Energy and Industrial Strategy

  • Competition Appeal Tribunal

  • Competition and Markets Authority

  • Competition Service

  • Intellectual Property Office

  • Nuclear Decommissioning Authority

  • Metrological Office (known as “Met Office”)

  • Office of Manpower Economics

  • Oil and Gas Authority

  • UK Research and Innovation

• Department for Education

  • Office for Students

• Ministry of Housing, Communities and Local Government

• Department for Digital, Culture, Media and Sport

  • Arts Council England

  • British Library

  • British Museum

  • The Gambling Commission

  • Historic Buildings and Monuments Commission for England (known as “Historic England”)

  • Imperial War Museum

  • National Gallery

  • National Maritime Museum

  • National Portrait Gallery

  • Natural History Museum

  • Board of Trustees of the Science Museum (known as “Science Museum Group”)

  • Tate Gallery

  • Victoria and Albert Museum

  • Wallace Collection

• Department for Environment, Food and Rural Affairs

  • Natural England

  • Plant Variety Rights Office

  • Royal Botanic Gardens, Kew

• Department of Health and Social Care

  • NHS Business Services Authority

  • NHS Commissioning Board (known as “NHS England”)

  • NHS Trusts

  • NHS Foundation Trusts

• Department for International Trade

• Department for Transport

  • Maritime and Coastguard Agency

  • Highways England Company Ltd (known as “Highways England”)

• Department for Work and Pensions

  • Office of Nuclear Regulation

  • Pensions Regulator

  • Social Security Advisory Committee

• Export Credits Guarantee Department (known as “UK Export Finance”)

• Foreign, Commonwealth and Development Office

  • Wilton Park

• Government Actuary’s Department

• Government Communications Headquarters

• Home Office

  • HM Inspectorate of Constabulary and Fire & Rescue Services

• Corporate Officer of the House of Commons

• Corporate Officer of the House of Lords

• Ministry of Defence

  • Defence Equipment & Support

• Ministry of Justice

  • Court of Appeal (England and Wales)

  • Employment Appeals Tribunal

  • Employment Tribunals

  • First-tier Tribunal

  • Her Majesty’s Courts and Tribunals Service

  • Law Commission

  • Legal Aid Agency – England and Wales

  • Office of the Official Solicitor to the Senior Courts and the Public Trustee

  • Office of the Public Guardian

  • Parole Board

  • UK Supreme Court

  • Upper Tribunal

• The National Archives

• National Audit Office

• National Savings and Investments

• Northern Ireland Assembly Commission

• Northern Ireland Ministers

  • Agricultural Wages Board for Northern Ireland

  • Attorney General for Northern Ireland

  • Department of Agriculture, Environment and Rural Affairs

  • Department for Communities

  • Department for the Economy

  • Consumer Council Northern Ireland (with respect only to the functions transferred from the National Consumer Council which were themselves transferred from the Gas and Electricity Consumer Council)

  • Department of Education

  • Department of Finance

  • Department of Health

  • Department for Infrastructure

  • Department of Justice

  • Coroners Service

  • County Courts

  • Court of Appeal and High Court of Justice in Northern Ireland

  • Crown Court

  • Enforcement of Judgements Office

  • Forensic Science Northern Ireland

  • Legal Service Agency Northern Ireland

  • Magistrates’ Courts

  • Pensions Appeals Tribunals (Northern Ireland)

  • Police Service of Northern Ireland

  • Probation Board for Northern Ireland

  • Office of the Social Security Commissioners and Child Support Commissioners (Northern Ireland)

  • State Pathologist’s Department

  • Executive Office

• Northern Ireland Office

  • Office of the Chief Electoral Officer for Northern Ireland

  • Public Prosecution Service for Northern Ireland

• Office for National Statistics

  • National Health Service Central Register

• Parliamentary Works Sponsor Body

• Parliamentary and Health Service Ombudsman

• Postal business of the Post Office

• Postal business of the Post Office

• Privy Council Office

• Restoration and Renewal Delivery Authority Ltd

• HM Revenue and Customs

• Royal Hospital, Chelsea

• Royal Mint

• Rural Payments Agency

• Scotland, Auditor-General

• Scotland, Crown Office and Procurator Fiscal Service

• Scotland, National Records of Scotland

• Scotland, Queen’s and Lord Treasurer’s Remembrancer

• Scotland, Registers of Scotland

• The Scotland Office

• The Scottish Ministers

  • Architecture and Design Scotland

  • Crofting Commission

  • Lands Tribunal for Scotland

  • National Galleries of Scotland

  • National Library of Scotland

  • National Museums of Scotland

  • Royal Botanic Garden, Edinburgh

  • Scottish Courts and Tribunals Service

  • Scottish Further and Higher Education Funding Council

  • Scottish Law Commission

  • Special Health Boards

  • Health Boards

  • The Office of the Accountant of Court

  • High Court of Justiciary

  • Court of Session

  • HM Inspectorate of Constabulary

  • Parole Board for Scotland

  • Pensions Appeal Tribunals (Scotland)

  • Scottish Land Court

  • Sheriff Courts

  • Scottish Natural Heritage

  • Scottish Police Authority

  • First-tier Tribunal for Scotland

  • Upper Tribunal for Scotland

  • Historic Environment Scotland

• The Scottish Parliamentary Corporate Body

• HM Treasury

  • United Kingdom Debt Management Office

• The Wales Office – Office of the Secretary of State for Wales

• The Welsh Ministers

  • Agricultural Dwelling House Advisory Committees (Wales)

  • Agricultural Land Tribunal for Wales

  • Higher Education Funding Council for Wales

  • Local Democracy and Boundary Commission for Wales

  • Rent Assessment Committee (Wales)

  • The Royal Commission on the Ancient and Historical Monuments of Wales

  • Valuation Tribunals for Wales

  • Welsh National Health Service Trusts and Local Health Boards

PART 2OTHER CENTRAL GOVERNMENT CONTRACTING AUTHORITIES

• Agri-Food and Biosciences Institute

• Armagh Observatory

• Armagh Planetarium

• Arts Council of Northern Ireland

• Arts Council of Wales

• Belfast Health and Social Care Trust

• Belfast Metropolitan College

• Care Council for Wales

• Chief Inspector of Criminal Justice

• Comhairle na Gaelscolaiochta

• Commissioner for Children and Young People for Northern Ireland

• Commissioner for Older People for Northern Ireland

• Commissioner for Public Appointments for Northern Ireland

• Commissioner for Victims and Survivors

• Community Relations Council

• Construction Industry Training Board – ConstructionSkills NI

• Council for Catholic Maintained Schools

• Council for the Curriculum, Examinations and Assessment

• Education and Library Boards

• Education Authority

• Equality Commission for Northern Ireland

• Exceptional Circumstances Body

• General Teaching Council for Northern Ireland

• Health and Safety Executive for Northern Ireland

• Health and Social Care Regulation and Quality Improvement Authority

• ILEX Urban Regeneration Company Limited

• Invest Northern Ireland

• Labour Relations Agency

• Lay Observer for Northern Ireland

• Livestock and Meat Commission for Northern Ireland

• Local Government Staff Commission

• Maze Long Kesh Development Corporation

• Middletown Centre for Autism

• National Library of Wales

• National Museum Wales

• National Museums Northern Ireland

• Natural Resources Wales

• North West Regional College

• Northern Health and Social Care Trust

• Northern Ireland Ambulance Service Trust

• Northern Ireland Blood Transfusion Service

• Northern Ireland Building Regulations Advisory Committee

• Northern Ireland Council for Integrated Education

• Northern Ireland Environment Agency

• Northern Ireland Fire and Rescue Service

• Northern Ireland Fishery Harbour Authority

• Northern Ireland Guardian Ad Litem Agency

• Northern Ireland Housing Executive

• Northern Ireland Judicial Appointments Commission

• Northern Ireland Law Commission

• Northern Ireland Legal Services Commission

• Northern Ireland Library Authority

• Northern Ireland Local Government Officers’ Superannuation Committee

• Northern Ireland Medical and Dental Training Agency

• Northern Ireland Museums Council

• Northern Ireland Policing Board

• Northern Ireland Policing Fund

• Northern Ireland Practice and Education Council for Nursing and Midwifery

• Northern Ireland Prisoner Ombudsman

• Northern Ireland Screen

• Northern Ireland Social Care Council

• Northern Ireland Tourist Board

• Northern Ireland, Department for Social Development

• Northern Regional College

• Patient and Client Council

• Planning and Water Appeals Commission

• Police Ombudsman Northern Ireland

• Police Retraining and Rehabilitation Trust

• Public Service Commission for Northern Ireland

• Regional Agency for Public Health and Social Well Being

• Regional Business Services Organisation

• Regional Health and Social Care Board

• Revenue Scotland

• RUC George Cross Foundation

• South Eastern Health and Social Care Trust

• South Eastern Regional College

• South West College

• Southern Health and Social Care Trust

• Southern Regional College

• Sport NI

• Sport Wales

• Staff Commission for Education and Library Boards

• Statistics Advisory Committee

• Stranmillis University College

• Strategic Investment Board

• The Charity Commission for Northern Ireland

• The National Assembly for Wales Commission

• The Welsh Revenue Authority

• Ulster Supported Employment Limited

• Victims and Survivors Service Ltd

• Welsh Language Commissioner

• Welsh NHS bodies

• Western Health and Social Care Trust

• Youth Council for Northern Ireland”

Regulation 5(3)

SCHEDULE 2

Regulation 2(1)

“SCHEDULE1CENTRAL GOVERNMENT AUTHORITIES

Where an entity listed in this Schedule is succeeded by another entity, which is itself a contracting authority, the successor entity shall be deemed to be included in this Schedule.

PART1GPA ANNEX 1 CONTRACTING AUTHORITIES(9)

• Attorney General’s Office

  • Government Legal Department

• Cabinet Office

  • Office of the Parliamentary Counsel

  • Boundary Commission for England

  • Crown Commercial Service

• Charity Commission

• Crown Estate – Vote Expenditure Only

• Crown Prosecution Service

• Department for Business, Energy and Industrial Strategy

  • Competition Appeal Tribunal

  • Competition and Markets Authority

  • Competition Service

  • Intellectual Property Office

  • Nuclear Decommissioning Authority

  • Metrological Office (known as “Met Office”)

  • Office of Manpower Economics

  • Oil and Gas Authority

  • UK Research and Innovation

• Department for Education

  • Office for Students

• Ministry of Housing, Communities and Local Government

• Department for Digital, Culture, Media and Sport

  • Arts Council England

  • British Library

  • British Museum

  • The Gambling Commission

  • Historic Buildings and Monuments Commission for England (known as “Historic England”)

  • Imperial War Museum

  • National Gallery

  • National Maritime Museum

  • National Portrait Gallery

  • Natural History Museum

  • Board of Trustees of the Science Museum (known as “Science Museum Group”)

  • Tate Gallery

  • Victoria and Albert Museum

  • Wallace Collection

• Department for Environment, Food and Rural Affairs

  • Natural England

  • Plant Variety Rights Office

  • Royal Botanic Gardens, Kew

• Department of Health and Social Care

  • NHS Business Services Authority

  • NHS Commissioning Board (known as “NHS England”)

  • NHS Trusts

  • NHS Foundation Trusts

• Department for International Trade

• Department for Transport

  • Maritime and Coastguard Agency

  • Highways England Company Ltd (known as “Highways England”)

• Department for Work and Pensions

  • Office of Nuclear Regulation

  • Pensions Regulator

  • Social Security Advisory Committee

• Export Credits Guarantee Department (known as “UK Export Finance”)

• Foreign, Commonwealth and Development Office

  • Wilton Park

• Government Actuary’s Department

• Government Communications Headquarters

• Home Office

  • HM Inspectorate of Constabulary and Fire & Rescue Services

• Corporate Officer of the House of Commons

• Corporate Officer of the House of Lords

• Ministry of Defence

  • Defence Equipment & Support

• Ministry of Justice

  • Court of Appeal (England and Wales)

  • Employment Appeals Tribunal

  • Employment Tribunals

  • First-tier Tribunal

  • Her Majesty’s Courts and Tribunals Service

  • Law Commission

  • Legal Aid Agency – England and Wales

  • Office of the Official Solicitor to the Senior Courts and the Public Trustee

  • Office of the Public Guardian

  • Parole Board

  • UK Supreme Court

  • Upper Tribunal

• The National Archives

• National Audit Office

• National Savings and Investments

• Northern Ireland Assembly Commission

• Northern Ireland Ministers

  • Agricultural Wages Board for Northern Ireland

  • Attorney General for Northern Ireland

  • Department of Agriculture, Environment and Rural Affairs

  • Department for Communities

  • Department for the Economy

  • Consumer Council Northern Ireland (with respect only to the functions transferred from the National Consumer Council which were themselves transferred from the Gas and Electricity Consumer Council)

  • Department of Education

  • Department of Finance

  • Department of Health

  • Department for Infrastructure

  • Department of Justice

  • Coroners Service

  • County Courts

  • Court of Appeal and High Court of Justice in Northern Ireland

  • Crown Court

  • Enforcement of Judgements Office

  • Forensic Science Northern Ireland

  • Legal Service Agency Northern Ireland

  • Magistrates’ Courts

  • Pensions Appeals Tribunals (Northern Ireland)

  • Police Service of Northern Ireland

  • Probation Board for Northern Ireland

  • Office of the Social Security Commissioners and Child Support Commissioners (Northern Ireland)

  • State Pathologist’s Department

  • Executive Office

• Northern Ireland Office

  • Office of the Chief Electoral Officer for Northern Ireland

  • Public Prosecution Service for Northern Ireland

• Office for National Statistics

  • National Health Service Central Register

• Parliamentary Works Sponsor Body

• Parliamentary and Health Service Ombudsman

• Postal business of the Post Office

• Privy Council Office

• Restoration and Renewal Delivery Authority Ltd

• HM Revenue and Customs

• Royal Hospital, Chelsea

• Royal Mint

• Rural Payments Agency

• Scotland, Auditor-General

• Scotland, Crown Office and Procurator Fiscal Service

• Scotland, National Records of Scotland

• Scotland, Queen’s and Lord Treasurer’s Remembrancer

• Scotland, Registers of Scotland

• The Scotland Office

• The Scottish Ministers

  • Architecture and Design Scotland

  • Crofting Commission

  • Lands Tribunal for Scotland

  • National Galleries of Scotland

  • National Library of Scotland

  • National Museums of Scotland

  • Royal Botanic Garden, Edinburgh

  • Scottish Courts and Tribunals Service

  • Scottish Further and Higher Education Funding Council

  • Scottish Law Commission

  • Special Health Boards

  • Health Boards

  • The Office of the Accountant of Court

  • High Court of Justiciary

  • Court of Session

  • HM Inspectorate of Constabulary

  • Parole Board for Scotland

  • Pensions Appeal Tribunals (Scotland)

  • Scottish Land Court

  • Sheriff Courts

  • Scottish Natural Heritage

  • Scottish Police Authority

  • First-tier Tribunal for Scotland

  • Upper Tribunal for Scotland

  • Historic Environment Scotland

• The Scottish Parliamentary Corporate Body

• HM Treasury

  • United Kingdom Debt Management Office

• The Wales Office – Office of the Secretary of State for Wales

• The Welsh Ministers

  • Agricultural Dwelling House Advisory Committees (Wales)

  • Agricultural Land Tribunal for Wales

  • Higher Education Funding Council for Wales

  • Local Democracy and Boundary Commission for Wales

  • Rent Assessment Committee (Wales)

  • The Royal Commission on the Ancient and Historical Monuments of Wales

  • Valuation Tribunals for Wales

  • Welsh National Health Service Trusts and Local Health Boards

PART2OTHER CENTRAL GOVERNMENT CONTRACTING AUTHORITIES

• Agri-Food and Biosciences Institute

• Armagh Observatory

• Armagh Planetarium

• Arts Council of Northern Ireland

• Arts Council of Wales

• Belfast Health and Social Care Trust

• Belfast Metropolitan College

• Care Council for Wales

• Chief Inspector of Criminal Justice

• Comhairle na Gaelscolaiochta

• Commissioner for Children and Young People for Northern Ireland

• Commissioner for Older People for Northern Ireland

• Commissioner for Public Appointments for Northern Ireland

• Commissioner for Victims and Survivors

• Common Services Agency for the Scottish Health Service

• Community Relations Council

• Construction Industry Training Board – ConstructionSkills NI

• Council for Catholic Maintained Schools

• Council for the Curriculum, Examinations and Assessment

• Education and Library Boards

• Education Authority

• Equality Commission for Northern Ireland

• Exceptional Circumstances Body

• Regional Development Scotland

• General Teaching Council for Northern Ireland

• Food Standards Scotland

• Health and Safety Executive for Northern Ireland

• Health and Social Care Regulation and Quality Improvement Authority

• Health Improvement Scotland

• ILEX Urban Regeneration Company Limited

• Integration Joint Boards

• Invest Northern Ireland

• Labour Relations Agency

• Lay Observer for Northern Ireland

• Livestock and Meat Commission for Northern Ireland

• Local Government Staff Commission

• Maze Long Kesh Development Corporation

• Middletown Centre for Autism

• National Library of Wales

• National Museum Wales

• National Museums Northern Ireland

• Natural Resources Wales

• North West Regional College

• Northern Health and Social Care Trust

• Northern Ireland Ambulance Service Trust

• Northern Ireland Blood Transfusion Service

• Northern Ireland Building Regulations Advisory Committee

• Northern Ireland Council for Integrated Education

• Northern Ireland Environment Agency

• Northern Ireland Fire and Rescue Service

• Northern Ireland Fishery Harbour Authority

• Northern Ireland Guardian Ad Litem Agency

• Northern Ireland Housing Executive

• Northern Ireland Judicial Appointments Commission

• Northern Ireland Law Commission

• Northern Ireland Legal Services Commission

• Northern Ireland Library Authority

• Northern Ireland Local Government Officers’ Superannuation Committee

• Northern Ireland Medical and Dental Training Agency

• Northern Ireland Museums Council

• Northern Ireland Policing Board

• Northern Ireland Policing Fund

• Northern Ireland Practice and Education Council for Nursing and Midwifery

• Northern Ireland Prisoner Ombudsman

• Northern Ireland Screen

• Northern Ireland Social Care Council

• Northern Ireland Tourist Board

• Northern Ireland, Department for Social Development

• Northern Regional College

• Patient and Client Council

• Planning and Water Appeals Commission

• Police Ombudsman Northern Ireland

• Police Retraining and Rehabilitation Trust

• Public Service Commission for Northern Ireland

• Regional Agency for Public Health and Social Well Being

• Regional Business Services Organisation

• Regional Health and Social Care Board

• Revenue Scotland

• RUC George Cross Foundation

• Scottish Fire and Rescue Service

• South Eastern Health and Social Care Trust

• South Eastern Regional College

• South West College

• Southern Health and Social Care Trust

• Southern Regional College

• Sport NI

• Sport Wales

• Staff Commission for Education and Library Boards

• Statistics Advisory Committee

• Stranmillis University College

• Strategic Investment Board

• The Charity Commission for Northern Ireland

• The National Assembly for Wales Commission

• The Welsh Revenue Authority

• Ulster Supported Employment Limited

• Victims and Survivors Service Ltd

• Welsh Language Commissioner

• Welsh NHS bodies

• Western Health and Social Care Trust

• Youth Council for Northern Ireland”