SI 2025/1316 - The Procurement Act 2023 (Commencement No. 4) Regulations 2025

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

STATUTORY INSTRUMENTS 2025 No. 1316 (C. 69) PUBLIC PROCUREMENT The Procurement Act 2023 (Commencement No. 4) Regulations 2025 Made - - - - 9th December 2025 The Minister for the Cabinet Office makes these Regulations in exercise of the powers conferred by

section 127(2) of the Procurement Act 2023(1). These Regulations are made with the consent of the Welsh Ministers in accordance with section 127(3) of the Procurement Act 2023.

Citation and extent

1.—(1) These Regulations may be cited as the Procurement Act 2023 (Commencement No. 4) Regulations 2025.

(2) These Regulations extend to England and Wales, Scotland and Northern Ireland.

Provisions coming into force

2.—(1) The following provisions of the Procurement Act 2023 come into force on 1st January 2026, to the extent that they apply to public contracts awarded in accordance with the Procurement Act 2023—

(a) section 69 (payments compliance notices) other than in respect of a procurement regulated by the Welsh Ministers;

(b) section 71 (assessment of contract performance).

(2) The following provisions of the Procurement Act 2023 come into force on 1st April 2026, to the extent that they apply to public contracts awarded in accordance with the Procurement Act 2023—

(a) section 69 in respect of a procurement regulated by the Welsh Ministers;

(b) section 70 (information about payments under public contracts) other than in respect of a procurement regulated by the Welsh Ministers.

(3) For the purposes of this regulation a procurement is “a procurement regulated by the Welsh Ministers” if—

(1) 2023 c. 54. For the meaning of “Minister of the Crown”, see section 123(1) and the definition in the Ministers of the Crown Act 1975 (c. 26) to which that provision cross-refers.Document Generated: 2025-12-15

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

(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(2), or

(b) it is a procurement under a devolved Welsh procurement arrangement(3).

Chris Ward Parliamentary Secretary 9th December 2025 Cabinet Office

(2) For the meaning of “devolved Welsh authority”, see section 111(1)(a) of the Procurement Act 2023. For the meaning of “reserved procurement arrangement”, see section 114(5) of the Procurement Act 2023. For the meaning of “transferred Northern Ireland procurement arrangement”, see section 114(3) of the Procurement Act 2023.

(3) For the meaning of “devolved Welsh procurement arrangement”, see section 114(2) of the Procurement Act 2023.

2Document Generated: 2025-12-15

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations bring into force provisions of the Procurement Act 2023 (c. 54).

Regulation 2(1) commences section 69 (which relates to the publication of payments compliance notices), other than in respect of procurement regulated by the Welsh Ministers, and section 71 (which relates to the assessment of contract performance), from 1st January 2026.

Regulation 2(2) commences section 69, in respect of procurement regulated by the Welsh Ministers, and section 70 (which relates to the publication of information about payments under public contracts), other than in respect of procurement regulated by the Welsh Ministers, from 1st April

2026.

These are the fourth commencement regulations under the Act.

NOTE AS TO EARLIER COMMENCEMENT REGULATIONS (This note is not part of the Regulations) The following provisions of the Procurement Act 2023 have been brought into force by commencement regulations made before the date of these Regulations.

Provision Date of Commencement S.I. No. sections 1 and 2 24.02.2025 S.I. 2024/716 (as amended by S.I. 2024/959)

section 3 (partially) 12.03.2024 S.I. 2024/361

section 3 (remainder) 24.02.2025 S.I. 2024/716 (as amended by S.I. 2024/959) sections 4 and 5 24.02.2025 S.I. 2024/716 (as amended by S.I. 2024/959)

section 6 12.03.2024 S.I. 2024/361 sections 7 and 8 24.02.2025 S.I. 2024/716 (as amended by S.I. 2024/959)

section 9 12.03.2024 S.I. 2024/361 sections 10 to 12 24.02.2025 S.I. 2024/716 (as amended by S.I. 2024/959) sections 13 and 14 12.03.2024 S.I. 2024/361 sections 15 to 16 24.02.2025 S.I. 2024/716 (as amended by S.I. 2024/959)

section 17 (partially) 23.05.2024 S.I. 2024/692 (see regulation 1(3) of S.I.

2024/692) 3Document Generated: 2025-12-15

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Provision Date of Commencement S.I. No.

section 17 (remainder) 24.02.2025 S.I. 2024/716 (as amended by S.I. 2024/959) sections 18 to 32 24.02.2025 S.I. 2024/716 (as amended by S.I. 2024/959)

section 33 (partially) 12.03.2024 S.I. 2024/361

section 33 (remainder) 24.02.2025 S.I. 2024/716 (as amended by S.I. 2024/959) sections 34 to 68 24.02.2025 S.I. 2024/716 (as amended by S.I. 2024/959)

section 69 (partially) 12.03.2024 S.I. 2024/361 sections 72 to 86 24.02.2025 S.I. 2024/716 (as amended by S.I. 2024/959)

section 87 (partially) 12.03.2024 S.I. 2024/361

section 87 (remainder) 24.02.2025 S.I. 2024/716 (as amended by S.I. 2024/959)

section 88 24.02.2025 S.I. 2024/716 (as amended by S.I. 2024/959)

section 89 (partially) 12.03.2024 S.I. 2024/361

section 89 (remainder) 24.02.2025 S.I. 2024/716 (as amended by S.I. 2024/959)

section 90 24.02.2025 S.I. 2024/716 (as amended by S.I. 2024/959)

section 91 12.03.2024 S.I. 2024/361 sections 92 to 94 24.02.2025 S.I. 2024/716 (as amended by S.I. 2024/959)

section 95 (partially) 12.03.2024 S.I. 2024/361

section 95 (remainder) 24.02.2025 S.I. 2024/716 (as amended by S.I. 2024/959)

section 96 24.02.2025 S.I. 2024/716 (as amended by S.I. 2024/959)

section 97 12.03.2024 S.I. 2024/361 sections 98 to 110 24.02.2025 S.I. 2024/716 (as amended by S.I. 2024/959)

section 111 12.03.2024 S.I. 2024/361

section 112 24.02.2025 S.I. 2024/716 (as amended by S.I. 2024/959) sections 113 and 114 12.03.2024 S.I. 2024/361

section 115 (partially) 12.03.2024 S.I. 2024/361 4Document Generated: 2025-12-15

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Provision Date of Commencement S.I. No.

section 115 (remainder) 24.02.2025 S.I. 2024/716 (as amended by S.I. 2024/959)

section 115A 24.02.2025 S.I. 2024/716 (as amended by S.I. 2024/959) (see regulation 1 of S.I. 2024/692)

section 116 (partially) 12.03.2024 S.I. 2024/361

section 116 (remainder) 24.02.2025 S.I. 2024/716 (as amended by S.I. 2024/959)

section 117 (partially) 19.01.2024 S.I. 2024/61

section 117 (partially) 01.04.2024 S.I. 2024/61 sections 118 and 119 24.02.2025 S.I. 2024/716 (as amended by S.I. 2024/959) Schedule 1 12.03.2024 S.I. 2024/361 Schedule 2 (partially) 12.03.2024 S.I. 2024/361 Schedule 2 (remainder) 24.02.2025 S.I. 2024/716 (as amended by S.I. 2024/959) Schedule 3 24.02.2025 S.I. 2024/716 (as amended by S.I. 2024/959) Schedule 4 (partially) 12.03.2024 S.I. 2024/361 Schedule 4 (remainder) 24.02.2025 S.I. 2024/716 (as amended by S.I. 2024/959) Schedules 5 to 8 24.02.2025 S.I. 2024/716 (as amended by S.I. 2024/959) Schedule 9 12.03.2024 S.I. 2024/361 Schedule 10 (partially) 19.01.2024 S.I. 2024/61 Schedule 10 (partially) 01.04.2024 S.I. 2024/61 Schedule 11 24.02.2025 S.I. 2024/716 (as amended by S.I. 2024/959) 5