Part 1 General

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Procurement Act 2023 (Specified International Agreements and Saving Provision) (Amendment) Regulations 2026.

(2) These Regulations come into force on 30th March 2026.

(3) The amendments made by these Regulations extend to England and Wales, Scotland and Northern Ireland.

Interpretation

2. In these Regulations—

“ the 2015 Regulations ” means the Public Contracts Regulations 2015 ( 3 );

“ the 2016 UC Regulations ” means the Utilities Contracts Regulation 2016( 4 );

“ the 2023 Act ” means the Procurement Act 2023 ;

“ the UK-India CETA ” means the Comprehensive Economic and Trade Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of India, signed at Buckinghamshire on 24th July 2025( 5 ).

Part 2 Amendments to legislation

Amendment of the Procurement Act 2023

3.—(1) Schedule 9 to the 2023 Act (treaty state suppliers (specified international agreements)) (6) is amended as follows.

(2) Before paragraph 1 insert—

Interpretation

C1. For the purposes of this Schedule a procurement is “a procurement regulated by the Welsh Ministers” if—

(a)the contracting authority concerned is a devolved Welsh authority, unless it is a procurement under a reserved procurement arrangement or a transferred Northern Ireland procurement arrangement, or

(b)it is a procurement under a devolved Welsh procurement arrangement.

The Agreements”.

(3) At the end insert—

“28. In any case other than a procurement regulated by the Welsh Ministers, the Comprehensive Economic and Trade Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of India, signed at Buckinghamshire on 24 July 2025.”.

Amendment of the Procurement Act 2023 (Commencement No. 3 and Transitional and Saving Provisions) Regulations 2024

4.—(1) The Procurement Act 2023 (Commencement No. 3 and Transitional and Saving Provisions) Regulations 2024(7) are amended as follows.

(2) In regulation 5 (saving provisions relating to the 2015 Regulations)—

(a)in paragraph (4)(d), after the last entry to be read into Schedule 4A to the 2015 Regulations, insert—

• “Comprehensive Economic and Trade Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of India, signed at Buckinghamshire on 24th July 2025.”;

(b)in paragraph (4)(e), after the entry to be read into Schedule 4A to the 2015 Regulations, insert—

• “Comprehensive Economic and Trade Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of India, signed at Buckinghamshire on 24th July 2025.”.

(3) In regulation 8 (saving provisions relating to the 2016 UC Regulations)—

(a)in paragraph (1), for “ and dynamic purchasing systems“ substitute “, dynamic purchasing systems and qualification systems”;

(b)in paragraph (4)(d), after the last entry to be read into Schedule 3 to the 2016 UC Regulations, insert—

• “Comprehensive Economic and Trade Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of India, signed at Buckinghamshire on 24th July 2025.”;

(c)in paragraph (4)(e), after the entry to be read into Schedule 3 to the 2016 UC Regulations, insert—

• “Comprehensive Economic and Trade Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of India, signed at Buckinghamshire on 24th July 2025.”.

Part 3 Transitional arrangements

Transitional provision in respect of the amendment of the Procurement Act 2023

5.—(1) The amendments made by regulation 3 do not affect any procurement commenced before the day on which the UK-India CETA enters into force (on which see article 30.6 of that agreement).

(2) For the purposes of paragraph (1), a procurement has been commenced before the day on which the UK-India CETA enters into force if, before that day—

(a)a tender notice has been published in accordance with section 21(1) of the 2023 Act (tender notices and associated tender documents) or provided in accordance with section 40(1) to (3) of that Act (qualifying utilities dynamic market notices: no duty to publish a tender notice),

(b)a transparency notice has been published in accordance with section 44(1) of that Act (transparency notices),

(c)in respect of a contract to be awarded in accordance with a framework to which neither (a) nor (b) applies, a contracting authority has contacted a supplier in order to commence the award of that contract,

(d)a below-threshold tender notice has been published in accordance with section 87(1) of that Act(8) (regulated below-threshold contracts: notices),

(e)a contracting authority has invited the submission of tenders in relation to a regulated below-threshold contract (see section 85(1) of that Act (regulated below-threshold contracts: procedure)), or

(f)in respect of a below-threshold contract to which neither (d) nor (e) applies, a contracting authority has contacted a supplier in order to commence the award of that contract.

Transitional provision in respect of amendments relating to the Public Contracts Regulations 2015

6.—(1) Terms used in this regulation have the same meaning as in the 2015 Regulations as they had effect immediately before 24th February 2025.

(2) The amendments made by regulation 4(2) do not affect any procurement commenced before the day on which the UK-India CETA enters into force.

(3) For the purposes of paragraph (2), a procurement has been commenced before the day on which the UK-India CETA enters into force if, before that day—

(a)a contracting authority has submitted a contract notice required by regulation 26(8) of the 2015 Regulations (choice of procedures) in accordance with regulation 51 of those Regulations (publication on the UK e-notification service) for the award of a contract under a dynamic purchasing system, or

(b)a contracting authority has contacted an economic operator in order to commence the award of a contract based on a framework agreement (see regulation 33 of those Regulations (framework agreements)).

(4) But the amendments made by regulation 4(2) do affect the evaluation of an economic operator’s request, made on or after the day on which the UK-India CETA enters into force, to participate in a dynamic purchasing system in accordance with paragraphs (15) to (20) of regulation 34 of the 2015 Regulations (dynamic purchasing systems).

Transitional provision in respect of amendments relating to the Utilities Contracts Regulations 2016

7.—(1) Terms used in this regulation have the same meaning as in the 2016 UC Regulations as they had effect immediately before 24th February 2025.

(2) The amendments made by regulation 4(3) do not affect any procurement commenced before the day on which the UK-India CETA enters into force.

(3) For the purposes of paragraph (2), a procurement has been commenced before the day on which the UK-India CETA enters into force if, before that day—

(a)a utility has submitted a notice on the existence of a qualification system required by regulation 44(4)(b) of the 2016 UC Regulations (choice of procedures) in accordance with regulation 71 of those Regulations (publication on the UK e-notification service) for the award of a contract under a qualification system,

(b)a utility has submitted a contract notice required by regulation 44(4)(c) of the 2016 UC Regulations in accordance with regulation 71 of those Regulations for the award of a contract under a dynamic purchasing system, or

(c)a utility has contacted an economic operator in order to commence the award of a contract based on a framework agreement (see regulation 51 of those Regulations (framework agreements)).

(4) But the amendments made by regulation 4(3) do affect the evaluation of an economic operator’s request, made on or after the day on which the UK-India CETA enters into force,—

(a)to participate in a dynamic purchasing system in accordance with paragraphs (15) to (20) of regulation 52 of the 2016 UC Regulations (dynamic purchasing systems), and

(b)for qualification to a system in accordance with regulation 77 of those Regulations (qualification systems).