The Public Procurement (Agreement on Government Procurement) (Amendment) (No. 2) Regulations 2021

JurisdictionUK Non-devolved
CitationSI 2021/872

2021 No. 872

Public Procurement

The Public Procurement (Agreement on Government Procurement) (Amendment) (No. 2) Regulations 2021

Made 20th July 2021

Laid before Parliament 21th July 2021

Coming into force 16th August 2021

The Minister for the Cabinet Office makes these Regulations in exercise of the powers conferred by sections 1(1)(a), 1(1)(b)(iv), and 4(1)(c) of the Trade Act 20211.

1 General

PART 1

General

S-1 Citation, commencement and extent

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Public Procurement (Agreement on Government Procurement) (Amendment) (No. 2) Regulations 2021 and come into force on 16th August 2021.

(2) The amendments made by these Regulations have the same extent as the provisions to which they relate.

2 Amendment of United Kingdom Secondary Legislation

PART 2

Amendment of United Kingdom Secondary Legislation

S-2 Amendments to the Public Contracts Regulations 2015

Amendments to the Public Contracts Regulations 2015

2.—(1) The Public Contracts Regulations 20152are amended as follows.

(2) In regulation 2 (definitions), in paragraph (1), in the definition of “GPA”, for “the United Kingdom’s accession” substitute “16th May 2021”.

(3) For Schedule 1 (central government authorities), substitute the Schedule contained in Schedule 1 to these Regulations.

S-3 Amendments to the Concession Contracts Regulations 2016

Amendments to the Concession Contracts Regulations 2016

3.—(1) The Concession Contracts Regulations 20163are amended as follows.

(2) In regulation 2 (interpretation), in paragraph (1), in the definition of “GPA”, for “the United Kingdom’s accession” substitute “16th May 2021”.

(3) In regulation 51A (duty owed to economic operators from GPA parties), for paragraph (3) substitute—

S-3

“3 In this regulation, “relevant time” means the date on which the contracting authority or utility submitted a concession notice in respect of the concession contract to the UK e-notification service or would have done so if it had been required by these Regulations to do so.”.

S-4 Amendment to the Utilities Contracts Regulations 2016

Amendment to the Utilities Contracts Regulations 2016

4.—(1) The Utilities Contracts Regulations 20164are amended as follows.

(2) In regulation 2 (definitions), in paragraph (1), in the definition of “GPA”, for “the United Kingdom’s accession” substitute “16th May 2021”.

3 Amendment of Scottish Secondary Legislation

PART 3

Amendment of Scottish Secondary Legislation

S-5 Amendments to the Public Contracts (Scotland) Regulations 2015

Amendments to the Public Contracts (Scotland) Regulations 2015

5.—(1) The Public Contracts (Scotland) Regulations 20155are amended as follows.

(2) In regulation 2 (interpretation), in paragraph (1), in the definition of “GPA”, for “the United Kingdom’s accession” substitute “16th May 2021”.

(3) For Schedule 1 (central government authorities), substitute the Schedule contained in Schedule 2 to these Regulations.

S-6 Amendment to the Utilities Contracts (Scotland) Regulations 2016

Amendment to the Utilities Contracts (Scotland) Regulations 2016

6.—(1) The Utilities Contracts (Scotland) Regulations 20166are amended as follows.

(2) In regulation 2 (interpretation), in paragraph (1), in the definition of “GPA”, for “the United Kingdom’s accession” substitute “16th May 2021”.

S-7 Amendments to the Concession Contracts (Scotland) Regulations 2016

Amendments to the Concession Contracts (Scotland) Regulations 2016

7.—(1) The Concession Contracts (Scotland) Regulations 20167are amended as follows.

(2) In regulation 2 (interpretation), in paragraph (1), in the definition of “GPA”, for “the United Kingdom’s accession” substitute “16th May 2021”.

(3) In regulation 51A (duty owed to economic operators from GPA parties), for paragraph (3) substitute—

S-3

“3 In this regulation, “relevant time” means the date on which the contracting entity submitted a concession notice in respect of the concession contract to the UK e-notification service or would have done so if it had been required by these Regulations to do so.”.

Julia Lopez

Parliamentary Under Secretary of State

Cabinet Office

20th July 2021

SCHEDULE 1

Regulation 2(3)

SCHEDULE 1

SCHEDULE 1

Regulation 2(1)

CENTRAL GOVERNMENT AUTHORITIES

Where an entity listed in this Schedule is succeeded by another entity, which is itself a contracting authority, the successor entity shall be deemed to be included in this Schedule.

PART 1

GPA ANNEX 1 CONTRACTING AUTHORITIES

Attorney General’s Office

Government Legal Department

Cabinet Office

Office of the Parliamentary Counsel

Boundary Commission for England

Crown Commercial Service

Charity Commission

Crown Estate – Vote Expenditure Only

Crown Prosecution Service

Department for Business, Energy and Industrial Strategy

Competition Appeal Tribunal

Competition and Markets Authority

Competition Service

Intellectual Property Office

Nuclear Decommissioning Authority

Metrological Office (known as “Met Office”)

Office of Manpower Economics

Oil and Gas Authority

UK Research and Innovation

Department for Education

Office for Students

Ministry of Housing, Communities and Local Government

Department for Digital, Culture, Media and Sport

Arts Council England

British Library

British Museum

The Gambling Commission

Historic Buildings and Monuments Commission for England (known as “Historic England”)

Imperial War Museum

National Gallery

National Maritime Museum

National Portrait Gallery

Natural History Museum

Board of Trustees of the Science Museum (known as “Science Museum Group”)

Tate Gallery

Victoria and Albert Museum

Wallace Collection

Department for Environment, Food and Rural Affairs

Natural England

Plant Variety Rights Office

Royal Botanic Gardens, Kew

Department of Health and Social Care

NHS Business Services Authority

NHS Commissioning Board (known as “NHS England”)

NHS Trusts

NHS Foundation Trusts

Department for International Trade

Department for Transport

Maritime and Coastguard Agency

Highways England Company Ltd (known as “Highways England”)

Department for Work and Pensions

Office of Nuclear Regulation

Pensions Regulator

Social Security Advisory Committee

Export Credits Guarantee Department (known as “UK Export Finance”)

Foreign, Commonwealth and Development Office

Wilton Park

Government Actuary’s Department

Government Communications Headquarters

Home Office

HM Inspectorate of Constabulary and Fire & Rescue Services

Corporate Officer of the House of Commons

Corporate Officer of the House of Lords

Ministry of Defence

Defence Equipment & Support

Ministry of Justice

Court of Appeal (England and Wales)

Employment Appeals Tribunal

Employment Tribunals

First-tier Tribunal

Her Majesty’s Courts and Tribunals Service

Law Commission

Legal Aid Agency – England and Wales

Office of the Official Solicitor to the Senior Courts and the Public Trustee

Office of the Public Guardian

Parole Board

UK Supreme Court

Upper Tribunal

The National Archives

National Audit Office

National Savings and Investments

Northern Ireland Assembly Commission

Northern Ireland Ministers

Agricultural Wages Board for Northern Ireland

Attorney General for Northern Ireland

Department of Agriculture, Environment and Rural Affairs

Department for Communities

Department for the Economy

Consumer Council Northern Ireland (with respect only to the functions transferred from the National Consumer Council which were themselves transferred from the Gas and Electricity Consumer Council)

Department of Education

Department of Finance

Department of Health

Department for Infrastructure

Department of Justice

Coroners Service

County Courts

Court of Appeal and High Court of Justice in Northern Ireland

Crown Court

Enforcement of Judgements Office

Forensic Science Northern Ireland

Legal Service Agency Northern Ireland

Magistrates’ Courts

Pensions Appeals Tribunals (Northern Ireland)

Police Service of Northern Ireland

Probation Board for Northern Ireland

Office of the Social Security Commissioners and Child Support Commissioners (Northern Ireland)

State Pathologist’s Department

Executive Office

Northern Ireland Office

Office of the Chief Electoral Officer for Northern Ireland

Public Prosecution Service for Northern Ireland

Office for National Statistics

National Health Service Central Register

Parliamentary Works Sponsor Body

Parliamentary and Health Service Ombudsman

Postal business of the Post Office

Privy Council Office

Restoration and Renewal Delivery Authority Ltd

HM Revenue and Customs

Royal Hospital, Chelsea

Royal Mint

Rural Payments Agency

Scotland, Auditor-General

Scotland, Crown Office and Procurator Fiscal Service

Scotland, National Records of Scotland

Scotland, Queen’s and Lord Treasurer’s Remembrancer

Scotland, Registers of Scotland

The Scotland Office

The Scottish Ministers

Architecture and Design Scotland

Crofting Commission

Lands Tribunal for Scotland

National Galleries of Scotland

National Library of Scotland

National Museums of Scotland

Royal Botanic Garden, Edinburgh

Scottish Courts and Tribunals Service

Scottish Further and Higher Education Funding Council

Scottish Law Commission

Special Health Boards

Health Boards

The Office of the Accountant of Court

High Court of Justiciary

Court of Session

HM Inspectorate of Constabulary

Parole Board for Scotland

Pensions Appeal Tribunals (Scotland)

Scottish Land Court

Sheriff Courts

Scottish Natural Heritage

Scottish Police Authority

First-tier Tribunal for Scotland

Upper Tribunal for Scotland

Historic Environment Scotland

The Scottish Parliamentary Corporate Body

HM Treasury

United Kingdom Debt Management Office

The Wales Office – Office of the Secretary of State for Wales

The Welsh Ministers

Agricultural Dwelling House Advisory Committees (Wales)

Agricultural Land Tribunal for Wales

Higher Education Funding Council for Wales

Local Democracy and Boundary Commission for Wales

Rent Assessment Committee (Wales)

The Royal Commission on the Ancient and Historical Monuments of Wales

Valuation Tribunals for Wales

Welsh...

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