High Court dismisses challenge to the National Lottery procurement — key lessons & takeaways
We explore the Court’s reasoning, the key findings and what this judgment means for future procurement challenges.
Procurement Bill update — Act to enter into force in October 2024 as secondary legislation consultation begins
AuthorsMichael Winder
3 min read
The Procurement Act is now likely to enter into force in October 2024, following progress on the Procurement Bill.
Here, Partner and public procurement specialist Michael Winder provides a full update on The Bill’s journey through the legal system.
Where is the Procurement Bill?
June 2023 has seen some important progress on the Procurement Bill, which has finally completed the House of Commons Report Stage and had its Third Reading on 13 June.
The Bill is now passing into its final stages, the first of which is the Consideration of Amendments back in the House of Lords. The House of Lords will consider whether it accepts the final changes of the Procurement Bill, following its passage through the House of Commons. If the House of Lords does not agree with all of the changes, there will be a period of ping-pong between the two Houses as they settle on the Bill’s final details.
When will the Procurement Act enter into force?
It is understood that the Government is targeting for Royal Assent to be granted on what will be known as the Procurement Act before the summer recess gets underway on 20 July 2023. It has been confirmed that following Royal Assent, the Procurement Act will commence on or around October 2024.
This delayed commencement allows for consultation on (and the implementation of) the necessary secondary legislation that will sit under the new Procurement Act, as well as the six-month lead-in period that has been baked into the Procurement Bill from an early stage.
Secondary legislation
The consultation on the secondary legislation (which is split into two parts) has now commenced.
The first part — Transforming Public Procurement Part 1 Consultation on draft regulations to implement the Procurement Bill — was issued by the Cabinet Office on 19 June 2023. This is predominantly in reference to areas of the Procurement Bill that require lists, calculations or further definitions to be used in practice. This consultation will close at 11.45pm on 28 July 2023. Interested parties can respond to the consultation via the gov.uk website.
The second part of the consultation is yet to be released. It will cover the transparency provisions and notices that will be used by contracting authorities in order to fulfil their legal requirements under the Procurement Act. It will also include information on the proposed approach by the Cabinet Office on transitional arrangements for procurements already underway at the time the new regime comes into force, as well as the position of other legislation that will need to be amended in order to allow the new Procurement Act to fully take effect.
We understand that the second part of the consultation will launch following closure of Part 1, although further details will be provided in due course.
Talk to us
With the Procurement Bill getting increasingly closer to being locked down as it nears Royal Assent, keep an eye out for our further updates on its relevant provisions.
Follow us on LinkedIn and/or Twitter to stay up to date.
If you are interested in the Bill or any training in respect of it, get in touch with me at michael.winder@brabners.com or another member of our procurement team.
Related insights
Procurement Act 2023 — what the first case means for automatic suspensions
We outline what's changed under the new test and consider what this may mean in practice for both contracting authorities and challengers.
UK procurement reforms: tender strategies, Public Interest Test & social value objectives explained
We outline the key reforms and what contracting authorities and suppliers should be doing to prepare.
Athlete endorsement contracts explained: Nike signs 19-year-old pickleball world #1
We explore the legal considerations behind major athlete endorsement deals, from image rights to exclusivity and reputational protection.
Key considerations for local authorities navigating the 2026 below-threshold procurement reforms
We explore the new Order that gives local authorities a new ability to shape below-threshold procurement markets in ways that were previously off-limits.
McLaren v Palou — 5 legal lessons for drafting & managing sports contracts
We examine the consequences of Palou’s defection and the wider lessons for businesses negotiating contracts with athletes or other high‑value individuals.
Procurement Act 2023 — further duties in 2026 that contracting authorities must observe
We explore the upcoming changes introduced by the Procurement Act 2023, when they take effect and what they mean for contracting authorities.
AI, intellectual property & game development — key insights from Games Tech Connect
We outline the key takeaways from our Games Tech Connect session on how generative AI is being used in video game development.
New UK IPO fees list for patents, trade marks & registered designs
The UK IPO's new fee structure marks its most substantial increase in decades. See the list of what's changing and why.
Tech & IT contracts — how to future-proof for sustainability, AI & cybersecurity
Some tech businesses are exploring how their commercial frameworks could evolve through smarter, values-driven contracting.
Procurement Act 2023 — modification provisions for public contracts explained
We explore how contracting authorities must approach contract variations under the Procurement Act 2023.
AI Growth Zones — what the £31bn tech investment means for the North
We explore the potential of AI Growth Zones to transform the region through investment and job creation while also highlighting ongoing environmental concerns.
Getty Images v Stability AI — key intellectual property lessons for AI developers
We break down the key takeaways from the final ruling and consider what they mean for the evolving relationship between IP law and AI development.
New public procurement thresholds for 2026 explained
We explore the new minimum financial thresholds that will apply to public contracts and the application of the Procurement Act 2023 from 1 January 2026.
The Times Best Law Firms
We're thrilled to have been commended in three separate categories in The Times Best Law Firms 2026.
Restrictive covenant dispute — Brabners secures successful judgment for Docutech Office Solutions Ltd
Our litigation team achieved a successful outcome for Docutech Office Solutions Ltd in a major claim against a former employee and his new employer.
Getty Images v Stability AI — what it means for the future of AI & intellectual property
We explore the potential impact of AI on existing copyright laws and delve into the other IP and cross-border issues that arise from the use of global AI tools.
EUIPO design reform — a new era for EU design rights
The European Union Intellectual Property Office (EUIPO) has ushered in a new chapter for design protection with reforms to the legal framework governing design rights.
Public procurement: A new consultation for growing skills and jobs in British industry
Just months after the Procurement Act 2023 came into force, a new consultation signals further wide-ranging reforms — with major implications for SMEs, local jobs and national resilience.
How the 2025 Spending Review will affect key economic sectors
The 2025 Spending Review marks a pivotal shift in the UK’s fiscal and industrial strategy, with significant ramifications for companies operating in the health, science & technology and defence sectors.
Pipeline Notices under the Procurement Act 2023
Under the Procurement Act, large contracting authorities can be required to publish a Pipeline Notice on the Government’s ‘Find a Tender’ online service.
How schools should manage PFI contract expiry
Here, experienced procurement lawyer Michael Winder offers his top tips for how to manage PFI contract expiries.
Arbitration Act 2025 — new legislation to strengthen UK’s position as dispute resolution leader
Experienced commercial litigator Matthew Moy explains what arbitration is and how the AA 2025 will help to clarify and refine key aspects of the arbitration process by improving efficiency, fairness and legal certainty.
Procurement Act 2023 — key reminders for contracting authorities and private sector suppliers
Our procurement lawyers recap the changes introduced by the Procurement Act 2023 which all contracting authorities and companies must comply with.
Court of Appeal confirms highly fact-sensitive nature of breach of directors’ duties when setting up a competing business
What does the decision in Cheshire Estate & Legal Limited (CEL) v Blanchfield & Ors [2024] mean for company directors and shareholders? Our commercial litigators explain.