Local Government Lawyer Home Page


Sharpe Edge Webpage Banner

Welcome to Sharpe Edge, Sharpe Pritchard’s local government legal hub on Local Government Lawyer.

Sharpe Edge features news, views and analysis from our team of specialist local government lawyers working at the heart of the latest legal developments. Sharpe Edge platform is also the only place where local government lawyers can get e-access to two law books by our Head of Local Government Rob Hann: The Guide to Local Authority Charging and Trading Powers (‘LACAT’) and The Guide to Local Authority Companies and Partnerships (‘LACAP’).

 

                                                                                                  

Slide background

Procurement reform – an update

<a href=Radhika Devesher and Natasha Barlow provide a summary of the proposed and enacted changes to the UK procurement regime post-Brexit.

 

In the wake of Brexit, the UK Government has been considering an overhaul of the public procurement regime. The aim is to encourage flexibility in procuring goods, services and works by introducing adaptable processes that are less rigid than those required by EU law.

The proposed overhaul of the procurement regime commenced with the Green Paper and will become the Procurement Bill at its next stage (see Sharpe Pritchard’s summary of the Green Paper).

In the meantime, the Government has introduced legislation to amend the Public Contracts Regulations 2015 (PCR 2015) in light of new trade deals. It has also published the National Procurement Policy Statement.

As a summary, we have set out these proposed and enacted changes in the form of a timeline on the following page.

DECEMBER 2020

Green Paper published and consultation commenced

Cabinet Office issued consultation on the Green Paper: Transforming Public Procurement. Seeking to legislate for a more flexible and less bureaucratic procurement regime in light of Brexit and the UK no longer being tied to EU law.
MARCH 2021

Green Paper consultation deadline

Green paper consultation closed on 10 March 2021. Subject to widespread comment and the Cabinet Office will consider responses before preparing the Procurement Bill.
MAY 2021

Queen’s Speech

Procurement Bill announced. Main aim is to reform government procurement in the UK and create a single Act to cover all existing procurement legislation.
3 JUNE 2021

PPN 05/21 issued

National Procurement Policy Statement issued. Sets out the requirements for all contracting authorities to have regard to national strategic priorities for public procurement.
11 JUNE 2021

GPA amendments to PCR 2015

Public Procurement (Agreement on Government Procurement) (Amendment) Regulations 2021 came into force. Amends PCR 2015 to include the UK’s membership of the Government Procurement Agreement (GPA), created by the World Trade Organization (WTO).
2 JULY 2021

International trade amendments to PCR 2015

Public Procurement (International Trade Agreements) (Amendment) Regulations 2021 came into force. Amends PCR 2015 to require contracting authorities to treat suppliers from countries where a trade deal is in place no less favourably than UK-based suppliers.
EXPECTED SEPTEMBER 2021

Cabinet Office issue Procurement Bill

Provided there are no new considerations raised as part of the consultation, the government has indicated that the Procurement Bill will be issued in September 2021. Draft Bill will confirm the proposed changes to the procurement regime and the responses to the consultation.
EXPECTED LATE 2021/ EARLY 2022

Parliament consideration of Procurement Bill

The Procurement Bill will be placed before Parliament. It will be subject to discussion before gaining Royal Assent and becoming enshrined in law.
EXPECTED 2022

Enactment of the Procurement Bill

Commentators anticipate that the UK will have a new procurement regime coming into force in 2022. Until then, application of PCR 2015, CCR 2016 and UCR 2016 continue and it is “business as usual” for the public sector.

Radhika Devesher is a Senior Associate and Natasha Barlow is a Trainee Solicitor at Sharpe Pritchard LLP.


For further insight and resources on local government legal issues from Sharpe Pritchard, please visit the SharpeEdge page by clicking on the banner below.

sharpe edge 600x100

This article is for general awareness only and does not constitute legal or professional advice. The law may have changed since this page was first published. If you would like further advice and assistance in relation to any issue raised in this article, please contact us by telephone or email This email address is being protected from spambots. You need JavaScript enabled to view it.

LACAT BookFREE download!

A Guide to Local Authority Charging and Trading Powers

Written and edited by Sharpe Pritchard’s Head of Local Government, Rob Hann,

A Guide to Local Authority Charging and Trading Powers covers:

• Updated charging powers compendium          • Commercial trading options

• Teckal ‘public to public’                                    • Localism Act

FREE DOWNLOAD

LACAT BookAvailable to buy:

A Guide to Local Authority Companies and Partnerships

An invaluable, comprehensive toolkit for lawyers, law firms and others advising
on or participating in Local Authority Companies and Partnerships”

- Local Authority Chief Executive

BUY NOW

  More Articles

Rob Hann Photoshop

Ask the Author

These are frequently asked questions to Rob Hann from colleagues in Local Government via the Sharpe Pritchard ‘Ask-the-Author' facility concerning the subject matter of his books on local authority companies, partnerships, charging and trading.
Icons Court

A call to review public contracts with Russian suppliers

Juli Lau and Gonzalo Puertas discuss the first official document to consider public sector contracts with companies linked to the Russian and Belarusian state regimes, issued by the Cabinet Office.
Icons Date

A New NEC Option to tackle greenwashing in the construction industry

Allan Owen and Sophie Drysdale discuss 'greenwashing' in the construction industry and a new secondary option clause X29 for its NEC4 suite of contracts developed by NEC.
Icons House

The Pathway to the Future – The Road Map for Employment Tribunals

David Leach discusses and outlines the road map of the planned changes for modernising the Tribunals in 2022 and 2023 released by The Presidents of the Employment Tribunals.
Icons House

Farrar Out

Clare Mendelle and James Goldthorpe discuss how the insolvency of Farrar Construction leads to clarity from the Courts on dealing with an insolvent contractor under JCT.
Icons House

The UK government has this week introduced the Economic Crime (Transparency and Enforcement) Bill

Peter Collins and Sophie Pilcher discuss the Economic Crime (Transparency and Enforcement) Bill introduced by the UK Government this week.
Icons Hazard

A sweet truth for selectivity

Steve Gummer and Gonzalo Puertas discuss a case that concerns an application for judicial review seeking to challenge a decision to introduce a zero-duty autonomous tariff quota (“ATQ”) of 260,000 metric tonnes of raw cane sugar for refining.
Icons House

Adjudication 101: Introduction and Overview

Michael Comba traces the origins of adjudication and considers why the process was introduced, who it is aimed towards and how construction contracts must include certain provisions.
Icons Date

New Government Guidance on PFI Expiry

Rob Hann, Head of Local Government at Sharpe Pritchard, takes a look at new guidance on PFI expiry recently published by the IPA to help public bodies wrestle with the complexities of transition they will face as these contracts reach full term.
Icons Hazard

Three new Levels to ‘level up’ Local Government in England?

Rob Hann, Sharpe Pritchard’s Head of local government, takes a look at the new proposals under the Government’s Levelling Up White Paper to facilitate devolution to remaining regions of local government in England which are currently without a Mayoral Combined Authority.
Icons Hazard

Will employers still be able to use the practice of ‘fire and rehire’ in 2022?

Christian Grierson and Julie Bann discuss a recent case in which the High Court has granted an injunction preventing Tesco from using the controversial employment practice of ‘fire and rehire’.
Icons Hazard

Progress on Climate Change action plans in Local Government

Stephen Cirell discusses the progress on climate change and renewable energy action plans within Local Government.
<a href=

Witches’ hats, sexist comments, and a £2 million pay-out

Julie Bann and Christian Grierson discuss a case in which a finance specialist has won over £2 million in compensation, after claims of sex discrimination and unequal pay.
Icons Hazard

Stuck in traffic?

High Court rules “VIP Lanes” For PPE contracts breached fundamental procurement law principles, in latest Judicial Review victory for the Good Law Project.
<a href=

Local Authority Sports and Leisure provision – Challenges Post-Covid19

With the unique circumstances posed by the Covid 19 pandemic and temporary closures of Council-sponsored sports and leisure facilities, Rob Hann, Sharpe Pritchard’s Head of Local Government outlines some of the challenges the sector faces.
<a href=

Bucking the Trend on Specific Performance Buckinghamshire Council v FCC Buckinghamshire Limited

Clare Mendelle and James Hughes highlight the wide definition of Third-Party Income and the measures the courts are prepared to take to enforce the terms of longstanding contracts, by analysing the Buckinghamshire Council v FCC Buckinghamshire Limited case.
<a href=

The Government’s response to the Transforming Public Procurement consultation: what will change and what will not?

Juli Lau, Colin Ricciardiello, Beth Edwards and Natasha Barlow analyse the Government’s response to the Transforming Public Procurement consultation.
<a href=

Momentum for Heat Network Roll Out Gathers Pace

Steve Gummer discusses the increased momentum for a Heat Network Rollout.
Icons Hazard

Unconscious Bias, Discrimination and a Warning to Public Sector Employers

Christian Grierson and Julie Bann discuss two employment tribunal judgements, which provide a stark warning to public sector employers about unconscious bias and discrimination.
Icons Hazard

Levelling up – A new opportunity for further devolution in England?

Rob Hann explores the Government's 'levelling up' policy and looks at whether it is an opportunity for further devolution in England.
<a href=

Time limits for commencing proceedings in procurement challenges

Colin Ricciardiello discusses a landmark procurement challenge judgment on the time limit for commencing proceedings.
Icons Hazard

The Revised National Planning Policy Framework: Better design, greener outcomes?

Alastair Lewis and Sarah Wertheim outline the latest National Planning Policy Framework changes and explain how future developments will be impacted by the new rules.
<a href=

Loose talk costs money: Oral agreement to forego liquidated damages was valid

Michael Comba outlines and analyses a contract dispute resolution: Mansion Place Ltd v Fox Industrial Services Ltd [2021] EWHC 2972 (TCC)
Icons Court

The Public Procurement Review Service Report: Procurement Pitfalls and How to Avoid Them

Juli Lau and Beth Edwards examine some of the most common procurement pitfalls and provide a checklist of points for local authorities to bear in mind in order to avoid costly errors.
<a href=

JCT Dispute Adjudication Board Rules: a case of “three’s a crowd”?

Peter Jansen who specialises in construction law and dispute resolution, examines the roles and functions of the JCT’s Dispute Adjudication Board and highlights some key considerations for parties planning to adopt the Rules in their JCT contracts.
<a href=

The Electric Vehicle Revolution or…

Emily Knowles discusses new legislation on the requirement of electric vehicle charging points, and its potential impact on the Electric Vehicle Revolution.
Icons House

Consultation on the Electronic Communications Code – What’s Changing?

Lillee Reid-Hunt outlines the legislative changes to the Electronic Communications Code.
Icons Court

You Must Adjudicate First NEC3 imposes obligation to adjudicate first before commencing court proceedings.

Michael Comba discusses NEC3 imposing an obligation to adjudicate first before commencing court proceedings.
Icons Court

Rocking aground the Christmas tree

Clare Mendelle and George Dale discuss and solve a common construction scenario, looking at the position under the Contract, and how the Employer should deal with the Contractor's request.
Icons Hazard

Adequacy Decision Granted to the UK

Charlotte Smith considers two recent adequacy decisions and explains how this affects existing data practices.
<a href=

Managing employees with long COVID and employees who have anxiety about returning to the office

Julie Bann and Victoria Smith consider how Long Covid may be treated under existing employment laws and provide compliance guidance for employers.
Slide background