These Regulations amend the Procurement Act 2023 to include the UK-India Comprehensive Economic and Trade Agreement (CETA) as a specified international agreement, granting Indian suppliers enforceable rights in UK public procurement.
The instrument requires contracting authorities to treat eligible Indian economic operators no less favorably than those from the United Kingdom, except in cases involving procurements regulated by the Welsh Ministers.
It also updates transitional and saving provisions to ensure these international obligations apply to legacy procurement systems, including dynamic purchasing and qualification systems, for procurements commenced after the treaty enters into force.
Arguments For
The Regulations state that they are necessary to implement the procurement chapter of the Comprehensive Economic and Trade Agreement (CETA) signed between the UK and India on 24 July 2025.
The document asserts that these amendments ensure economic operators benefiting from the agreement receive the same treatment as UK-based economic operators.
Proponents note that the instrument provides legal continuity by updating saving provisions for contracts still regulated under the Public Contracts Regulations 2015 and the Utilities Contracts Regulations 2016.
The Explanatory Note claims that no significant impact on the private, voluntary, or public sector is foreseen, justifying the absence of a full impact assessment.
Arguments Against
Legal observers might note that the regulations create a bifurcated system where the new procurement rights specifically exclude procurements regulated by the Welsh Ministers.
Suppliers may find the transitional arrangements complex, as the application of the new rights depends on the specific date the UK-India CETA enters into force, which is not defined within the text of the Regulations themselves.
Critics could point out that because the regulations apply to legacy procurement regimes (the 2015 and 2016 Regulations) through saving provisions, contracting authorities must manage multiple sets of rules simultaneously during the transition to the Procurement Act 2023.
Part 1
General
Citation, commencement and extent
- -(1) These Regulations may be cited as the Procurement Act 2023 (Specified International Agreements and Saving Provision) (Amendment) Regulations 2026.
- (2) These Regulations come into force on 30th March 2026.
- (3) The amendments made by these Regulations extend to England and Wales, Scotland and Northern Ireland.
This section establishes the official name of the regulations and sets the date they become legally active as 30 March 2026.
It specifies that the legal changes apply throughout the entire United Kingdom.
Interpretation
- In these Regulations-
'the 2015 Regulations' means the Public Contracts Regulations 2015;
'the 2016 UC Regulations' means the Utilities Contracts Regulation 2016;
'the 2023 Act' means the Procurement Act 2023;
'the UK-India CETA' means the Comprehensive Economic and Trade Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of India, signed at Buckinghamshire on 24th July 2025.
This section defines the key terms and legislative references used throughout the document.
It specifically identifies the UK-India Comprehensive Economic and Trade Agreement (CETA) signed on 24 July 2025 as the primary treaty being implemented.
Part 2
Amendments to legislation
Amendment of the Procurement Act 2023
- -(1) Schedule 9 to the 2023 Act (treaty state suppliers (specified international agreements)) ( 6 ) is amended as follows.
(2) Before paragraph 1 insert-
'Interpretation
C1. For the purposes of this Schedule a procurement is 'a procurement regulated by the Welsh Ministers' if-
- (a) the contracting authority concerned is a devolved Welsh authority, unless it is a procurement under a reserved procurement arrangement or a transferred Northern Ireland procurement arrangement, or
- (b) it is a procurement under a devolved Welsh procurement arrangement.
The Agreements'.
(3) At the end insert-
' 28. In any case other than a procurement regulated by the Welsh Ministers, the Comprehensive Economic and Trade Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of India, signed at Buckinghamshire on 24 July 2025.'.
This section adds the UK-India CETA to the list of international agreements that grant suppliers "treaty state" status under the Procurement Act 2023.
It explicitly excludes procurements managed by devolved Welsh authorities from these specific treaty obligations under this Schedule.
Amendment of the Procurement Act 2023 (Commencement No. 3 and Transitional and Saving Provisions) Regulations 2024
- -(1) The Procurement Act 2023 (Commencement No. 3 and Transitional and Saving Provisions) Regulations 2024 are amended as follows.
(2) In regulation 5 (saving provisions relating to the 2015 Regulations)-
- (a) in paragraph (4)(d), after the last entry to be read into Schedule 4A to the 2015 Regulations, insert-
'Comprehensive Economic and Trade Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of India, signed at Buckinghamshire on 24th July 2025.';
- (b) in paragraph (4)(e), after the entry to be read into Schedule 4A to the 2015 Regulations, insert-
'Comprehensive Economic and Trade Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of India, signed at Buckinghamshire on 24th July 2025.'.
- (3) In regulation 8 (saving provisions relating to the 2016 UC Regulations)-
- (a) in paragraph (1), for ' and dynamic purchasing systems' substitute ', dynamic purchasing systems and qualification systems';
- (b) in paragraph (4)(d), after the last entry to be read into Schedule 3 to the 2016 UC Regulations, insert-
'Comprehensive Economic and Trade Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of India, signed at Buckinghamshire on 24th July 2025.';
- (c) in paragraph (4)(e), after the entry to be read into Schedule 3 to the 2016 UC Regulations, insert-
'Comprehensive Economic and Trade Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of India, signed at Buckinghamshire on 24th July 2025.'.
This section updates the transitional rules for the 2015 and 2016 procurement regulations to include the UK-India CETA. It ensures that Indian suppliers receive equal treatment even when a procurement is handled under these older, "saved" legal regimes, and expands these protections to include qualification systems used by utilities.
Part 3
Transitional arrangements
Transitional provision in respect of the amendment of the Procurement Act 2023
- -(1) The amendments made by regulation 3 do not affect any procurement commenced before the day on which the UK-India CETA enters into force (on which see article 30.6 of that agreement).
(2) For the purposes of paragraph (1), a procurement has been commenced before the day on which the UK-India CETA enters into force if, before that day-
- (a) a tender notice has been published in accordance with section 21(1) of the 2023 Act or provided in accordance with section 40(1) to (3) of that Act,
- (b) a transparency notice has been published in accordance with section 44(1) of that Act,
- (c) in respect of a contract to be awarded in accordance with a framework to which neither (a) nor (b) applies, a contracting authority has contacted a supplier in order to commence the award of that contract,
- (d) a below-threshold tender notice has been published in accordance with section 87(1) of that Act,
- (e) a contracting authority has invited the submission of tenders in relation to a regulated below-threshold contract, or
- (f) in respect of a below-threshold contract to which neither (d) nor (e) applies, a contracting authority has contacted a supplier in order to commence the award of that contract.
This section stipulates that the new procurement rights for Indian suppliers do not apply to any procurement processes that had already started before the UK-India treaty officially began.
It lists specific actions, such as publishing a tender notice or contacting a supplier for a framework contract, that define when a procurement is considered to have "commenced."
Transitional provision in respect of amendments relating to the Public Contracts Regulations 2015
- -(1) Terms used in this regulation have the same meaning as in the 2015 Regulations as they had effect immediately before 24th February 2025.
(2) The amendments made by regulation 4(2) do not affect any procurement commenced before the day on which the UK-India CETA enters into force.
(3) For the purposes of paragraph (2), a procurement has been commenced before the day on which the UK-India CETA enters into force if, before that day-
- (a) a contracting authority has submitted a contract notice required by regulation 26(8) of the 2015 Regulations in accordance with regulation 51 of those Regulations for the award of a contract under a dynamic purchasing system, or
- (b) a contracting authority has contacted an economic operator in order to commence the award of a contract based on a framework agreement.
(4) But the amendments made by regulation 4(2) do affect the evaluation of an economic operator's request, made on or after the day on which the UK-India CETA enters into force, to participate in a dynamic purchasing system in accordance with paragraphs (15) to (20) of regulation 34 of the 2015 Regulations.
This section applies the commencement rules specifically to older contracts governed by the 2015 Regulations.
It clarifies that while existing procurements are exempt, any new request from a supplier to join an ongoing "dynamic purchasing system" (an electronic list of qualified suppliers) must follow the new rules if the request is made after the treaty starts.
Transitional provision in respect of amendments relating to the Utilities Contracts Regulations 2016
- -(1) Terms used in this regulation have the same meaning as in the 2016 UC Regulations as they had effect immediately before 24th February 2025.
(2) The amendments made by regulation 4(3) do not affect any procurement commenced before the day on which the UK-India CETA enters into force.
(3) For the purposes of paragraph (2), a procurement has been commenced before the day on which the UK-India CETA enters into force if, before that day-
- (a) a utility has submitted a notice on the existence of a qualification system required by regulation 44(4)(b) of the 2016 UC Regulations in accordance with regulation 71 of those Regulations for the award of a contract under a qualification system,
- (b) a utility has submitted a contract notice required by regulation 44(4)(c) of the 2016 UC Regulations in accordance with regulation 71 of those Regulations for the award of a contract under a dynamic purchasing system, or
- (c) a utility has contacted an economic operator in order to commence the award of a contract based on a framework agreement.
(4) But the amendments made by regulation 4(3) do affect the evaluation of an economic operator's request, made on or after the day on which the UK-India CETA enters into force,-
- (a) to participate in a dynamic purchasing system in accordance with paragraphs (15) to (20) of regulation 52 of the 2016 UC Regulations, and
- (b) for qualification to a system in accordance with regulation 77 of those Regulations.
This section provides transitional rules for utility contracts, mirroring the approach for general public contracts.
It ensures that new applications to join utility qualification or dynamic purchasing systems are covered by the UK-India agreement if submitted after the treaty takes effect, even if the system itself was established earlier.
Related
The Air Navigation (Restriction of Flying) (Chelmsford) (Emergency) (Revocation) Regulations 2026
Removed emergency flight restrictions in the Chelmsford area with immediate effect on 7 August 2026.
Read MoreThe Air Navigation (Restriction of Flying) (Wychnor) (Emergency) Regulations 2026
Established an emergency no-fly zone below 2,300 feet around Wychnor starting 6 August 2026.
Read MoreThe Air Navigation (Restriction of Flying) (Royal Air Force Syerston) Regulations 2026
Restricted flight operations within a 4-nautical-mile radius of RAF Syerston on 20 August 2026 for public safety during air displays.
Read MoreThe Air Navigation (Restriction of Flying) (Reading Festival) Regulations 2026
Restricted the use of unmanned aircraft in the vicinity of the Reading Festival between 26 and 31 August 2026.
Read More