The Public Procurement (Revocation) Regulations 2025 revoke several pieces of subordinate legislation and assimilated EU law concerning public procurement in England, Wales, and Northern Ireland.
These revocations are made under the Retained EU Law (Revocation and Reform) Act 2023, removing provisions considered no longer legally effective or relevant.
The regulations come into force 21 days after their enactment and specifically list revoked instruments in a schedule providing details on revocation extent.
Arguments For
Streamlining Legislation: The revocation removes outdated or redundant regulations, simplifying the legal framework for public procurement.
Removing EU-derived Legal Burdens: The regulations eliminate laws stemming from EU directives which are no longer relevant post-Brexit. This reflects sovereign legislative control.
Efficiency and Cost Savings: By eliminating unnecessary regulations, the government reduces potential compliance burdens on public bodies, potentially leading to savings.
Legal Certainty: The revocation provides clarity and certainty in the law by removing outdated and potentially conflicting provisions.
Arguments Against
Potential Unintended Consequences: Removing regulations without thorough assessment could lead to unforeseen gaps or inconsistencies in public procurement processes.
Lack of Replacement Measures: Simply revoking existing regulations without creating substitutes may leave a regulatory vacuum, potentially disrupting procurement practices.
Implementation Challenges: Revoking complex regulations could potentially cause confusion and problems for public bodies until new or adjusted processes are established.
International Standards: It may be argued that the removal of EU-aligned public procurement rules places the UK outside of established international norms and standards.
The Minister for the Cabinet Office makes these Regulations in exercise of the powers conferred by section 14(1) of the Retained EU Law (Revocation and Reform) Act 20231 (“the Act”). The Minister for the Cabinet Office is a relevant national authority for the purposes of section 14(1) of the Act2. The requirements of paragraph 6(2) of Schedule 5 to the Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.
The Minister for the Cabinet Office enacted these regulations using powers granted by Section 14(1) of the Retained EU Law (Revocation and Reform) Act 2023.
The Minister is the appropriate authority for this action, and all parliamentary procedures were correctly followed.
Citation, commencement and extent1.
(1)
These Regulations may be cited as the Public Procurement (Revocation) Regulations 2025.
(2)
These Regulations come into force 21 days after the day on which they are made.
(3)
These Regulations extend to England and Wales and Northern Ireland.
Regulation 1 establishes the official title of the regulations as the 'Public Procurement (Revocation) Regulations 2025', specifies that they come into effect 21 days after their creation, and confirms they apply to England, Wales, and Northern Ireland.
Revocations2.
(1)
The instrument listed in Part 1 of the Schedule is revoked to the extent specified.
(2)
The instruments in Part 2 of the Schedule are revoked in their entirety.
(a)
Part 1 lists subordinate legislation;
(b)
Part 2 lists assimilated law.
Regulation 2 details the revocations.
Part 1 of the schedule lists subordinate legislation that is revoked to the extent specified, while Part 2 lists assimilated law that is revoked entirely.
The regulation clarifies that Part 1 covers subordinate legislation and Part 2 encompasses assimilated law.
ScheduleREVOCATION OF SUBORDINATE LEGISLATION AND ASSIMILATED LAW
Part 1Subordinate legislation
Title | Citation | Extent of revocation |
|---|---|---|
The Public Procurement (Amendments, Repeals and Revocations) Regulations 20163 | The whole Regulations apart from the following provisions: regulation 5; paragraphs 35(3), 35(6), 35(7), 36(2) and 37 of Part 2 of Schedule 2. |
Part 2Assimilated law
Title | Citation | Extent of revocation |
|---|---|---|
Commission Decision of 8 March 2006 establishing that Article 30(1) of Directive 2004/17/EC of the European Parliament and of the Council coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors applies to electricity generation in England, Scotland and Wales (2006/211/EC)4 | EUDN 2006/211 | The whole Decision |
Commission Decision of 26 February 2007 establishing that Article 30(1) of Directive 2004/17/EC of the European Parliament and of the Council coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors applies to the supply of electricity and gas in England, Scotland and Wales (2007/141/EC)5 | EUDN 2007/141 | The whole Decision |
Commission Decision of 29 March 2010 exempting exploration for and exploitation of oil and gas in England, Scotland and Wales from the application of Directive 2004/17/EC of the European Parliament and of the Council coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (2010/192/EU)6 | EUDN 2010/192 | The whole Decision |
Commission Implementing Regulation (EU) 2016/7 of 5 January 2016 establishing the standard form for the European Single Procurement Document7 | EUR 2016/7 | The whole Regulation |
The schedule provides a detailed list of the revoked instruments.
Part 1 specifies the subordinate legislation revoked (partially or wholly), providing the title, citation, and extent of the revocation.
Part 2 lists the assimilated EU law revoked in its entirety, again with titles, citations, and declaration that each is revoked completely.
These Regulations are made in exercise of the power in section 14(1) of the Retained EU Law (Revocation and Reform) Act >2023 (c.28). This is the power to revoke secondary assimilated EU law without replacing it. Regulation 1 provides for citation, commencement and extent. Regulation 2 and the Schedule provide for the subordinate legislation specified in Part 1 of the Schedule and the assimilated law specified in Part 2 of the Schedule to be revoked to the extent specified. The five pieces of legislation specified in the Schedule are being revoked because they no longer produce any legal effect in England and Wales and Northern Ireland. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. An Explanatory Memorandum has been published alongside this instrument at www.legislation.gov.uk.
The explanatory note clarifies that the regulations utilize the power in Section 14(1) of the Retained EU Law (Revocation and Reform) Act 2023 to revoke EU-derived law.
It summarizes the content of regulations 1 and 2 and the schedule, stating the reason for revocation is their lack of legal effect.
The note also assures that a full impact assessment was not required due to the lack of expected impact on any sector.
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