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Procurement in a Nutshell – The Procurement Act 2023 (Commencement No.4) Regulations 2025 (SI 2025/1316)

The Procurement Act 2023 (Commencement No.4) Regulations 2025 (SI 2025/1316) set out key provisions of the Procurement Act 2023 which will come into effect in a phased manner, as follows:

Timeline

From 1 January 2026:

  • Section 69: Payment Compliance Notices
  • Section 71: Contract Performance Assessment

From 1 April 2026

  • Section 69: Welsh Regulated Procurements
  • Section 70: Information about Payments

What this means

  1. The payment compliance provisions (s.69) require notices to be published confirming compliance with prompt payment requirements, including subcontractor payments.
  2. The information about payments provisions (s.70) require contracting authorities with contracts over £30,000 to report payment data to ensure transparency.
  3. The contract performance provisions (s.71) require contracting authorities with contracts exceeding £5 million to publish performance assessments against KPIs. Contracting authorities are also required to publish information about certain breaches and even mere poor performance in certain circumstances in relation to any public contract, whatever its value, that is regulated by the Procurement Act.

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Practical tips

Update templates and processes

  • Ensure to incorporate new notice requirements into your standard procurement documentation.
  • Add termination clauses referencing exclusion grounds and the debarment list under section 78.

Ensure transparency

  • Publish notices on the Central Digital Platform.

Transitional provisions

  • Procurements commenced before 24 February 2025 are still governed by PCR 2015 until completion.

For further information please contact Tim Care or Melanie Pears in our Public Sector team.

Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.

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