Currently, the principle procurement rules in England and Wales relating to public sector contracts are set out in:

• the Public Contracts Regulations 2015; 
• the Concessions Contracts Regulations 2016; 
• the Utilities Contracts Regulations 2016; and  
• Defence and security contracts are awarded under The Defence and Security Regulations 2011.

The Procurement Act 2023 will "consolidate the current four sets of procurement regulations, which transpose EU Directives into UK law, into a single regime."

There will be no change to the procurement regulations in Scotland.

The Procurement Act 2023 introduces new principles of public procurement:

• "delivering value for money";
• "maximising public benefit";
• "sharing information for the purpose of allowing suppliers and others to understand the authority’s procurement policies and decisions"; and
• "acting and being seen to act with integrity".

In addition to the above objectives, contracting authorities must also:

• "treat suppliers the same unless a difference between the suppliers justifies different treatment";
• "take all reasonable steps to ensure it does not put a supplier at an unfair advantage or disadvantage" unless different treatment is justified in a particular case; and
• "have regard to the fact that small and medium-sized enterprises may face particular barriers to participation" and consider whether such barriers can be mitigated.

It also introduces simplified procurement procedures. It intends "to make procurement procedures more flexible and less prescriptive". Whilst there are a number of detailed procurement procedures under the PCR 2015, the Act reduces the competitive tendering procedures available to either:

• a single stage tendering procedure that does not restrict who can submit a tender (the "Open Procedure"); or
• "such other competitive tendering procedure as the contracting authority considers appropriate" (the "Competitive Flexible Procedure", which is a new procedure). 

This new procedure aims to give contracting authorities the necessary flexibility to design bespoke competitions which suit their needs, as well as the wider market. The Act allows contracting authorities to flex their procedure as long as it is proportionate to the nature, complexity and costs of the contract.

DWF is one of the leading advisers on public procurement matters. We act for a wide range of clients, including Central Government, Local Authorities and many key private sector suppliers to the public sector. 

We have the experience to understand how to apply the detailed technical rules in practice. We help public sector clients to design effective and compliant tender procedures.

Our Procurement Centre of Excellence is our internal network of procurement specialists who advise Central and Local Government, and Utilities and Health Authorities on their procurement of goods, works and services. 

We offer clients industry leading experts in the subject matter of their procurement (for example housing, regeneration or infrastructure) and specialist support from procurement experts, including in the field of procurement litigation.  

Led by our procurement specialists, the Procurement Centre of Excellence shares knowledge and best practice across the business so as to make sure our clients get the best support available.