The Cabinet Office haslaunched a consultation on the long awaited draft procurement regulations for the public sector in England, Wales and Northern Ireland. The consultation period is only four weeks and closes on 17 October 2014
On Friday 19 September 2014, the Cabinet Office launched a consultation on the long awaited draft procurement regulations for the public sector in England, Wales and Northern Ireland.
The consultation period is only four weeks and closes on 17 October 2014.
The Consultation Document includes 20 consultation questions with a short explanation of each of the questions.
The draft Public Contracts Regulations 2015 are at Annex A. Once in force, they will replace the current Public Contracts Regulations 2006.
The draft Regulations use a “copy out” approach to the transposition of the provisions of Directive 2014/24/EU which means that they follow the language, layout and numbering in the Directive as closely as possible. This approach, together with other helpful information on drafting, is explained in the Technical Note on Drafting which accompanies the draft Regulations.
A few of the provisions in the Directive are optional and so Member States have a choice on whether and/or how to implement them. Annex B explains the approach which has been adopted in relation to these optional provisions.
The draft Regulations contain some additional provisions not contained in the Directive. These include:
Commissioning/procurement of health care services for the purposes of the NHS: there are special provisions, including delayed implementation, in relation to the procurement of health care services for the purposes of the NHS which fall within the scope of the current NHS Regulations.*
The consultation document is available on the Cabinet Office website.
We will be issuing some more detailed notes on the draft Regulations in the near future.
*The National Health Service (Procurement, Patient Choice and Competition) No.2 Regulations 2013 (SI 2013/500).