The Public Procurement (Agreement on Government Procurement) (Thresholds) (Amendment) Regulations 2021
| Jurisdiction | UK Non-devolved |
| Citation | SI 2021/1221 |
| Year | 2021 |
2021 No. 1221
Public Procurement
The Public Procurement (Agreement on Government Procurement) (Thresholds) (Amendment) Regulations 2021
Made 29th October 2021
Laid before Parliament 1st November 2021
Coming into force 1st January 2022
The Minister for the Cabinet Office makes these Regulations in exercise of the powers conferred by sections 1(1)(a), 4(1)(c) and 5(1) of the Trade Act 20211, regulations 5A and 84A(1) and (3) of the Public Contracts Regulations 20152, regulations 9A and 65ZA(1) and (3) of the Concession Contracts Regulations 20163and regulations 16A and 119A(1) and (3) of the Utilities Contracts Regulations 20164.
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Public Procurement (Agreement on Government Procurement) (Thresholds) (Amendment) Regulations 2021 and come into force on 1st January 2022.
(2) The amendments made by these Regulations have the same extent as the provisions to which they relate.
Amendments to the Defence and Security Public Contracts Regulations 2011
2.—(1) The Defence and Security Public Contracts Regulations 20115are amended as follows.
(2) For “net”, where it occurs in the following places, substitute “inclusive”—
(a)
(a) in regulation 9 (thresholds)—
(i) paragraph (1);
(ii) paragraph (5);
(b)
(b) regulation 42(1) (thresholds and rules on advertising).
Amendments to the Public Contracts Regulations 2015
3.—(1) The Public Contracts Regulations 2015 are amended as follows.
(2) In regulation 5 (threshold amounts), in paragraph (1)—
(a)
(a) in sub-paragraph (a), for “£4,733,252” substitute “£5,336,937”;
(b)
(b) in sub-paragraph (b), for “£122,976” substitute “£138,760”;
(c)
(c) in sub-paragraph (c), for “£189,330” substitute “£213,477”.
(3) For “net”, where it occurs in the following places, substitute “inclusive”—
(a)
(a) regulation 5(1);
(b)
(b) in regulation 6 (methods for calculating the estimated value of procurement)—
(i) paragraph (1);
(ii) paragraph (8);
(iii) paragraph (9);
(iv) paragraph (14);
(c)
(c) in regulation 13(1) (contracts subsidised by contracting authorities)—
(i) sub-paragraph (a);
(ii) sub-paragraph (b);
(d)
(d) in regulation 78 (scope of section 8)—
(i) paragraph (2);
(ii) paragraph (3);
(e)
(e) in regulation 109(2) (scope of Chapter 8)—
(i) sub-paragraph (b);
(ii) sub-paragraph (c)(ii).
Amendments to the Concession Contracts Regulations 2016
4.—(1) The Concession Contracts Regulations 2016 are amended as follows.
(2) In regulation 9 (threshold amounts and methods for calculating the estimated value of concession contracts)—
(a)
(a) in paragraph (1) for “£4,733,252” substitute “£5,336,937”;
(b)
(b) in paragraph (3), for “net” substitute “inclusive”.
Amendments to the Utilities Contracts Regulations 2016
5.—(1) The Utilities Contracts Regulations 2016 are amended as follows.
(2) In regulation 16 (threshold amounts), in paragraph 1—
(a)
(a) in sub-paragraph (a), for “£378,660” substitute “£426,955”;
(b)
(b) in sub-paragraph (b), for “£4,733,252” substitute “£5,336,937”.
(3) For “net”, where it occurs in the following places, substitute “inclusive”—
(a)
(a) regulation 16(1);
(b)
(b) in regulation 17 (methods for valuing the estimate value of the procurement)—
(i) paragraph (1);
(ii) paragraph (8);
(iii) paragraph (9);
(iv) paragraph (14);
(c)
(c) in regulation 94 (scope of Chapter 2)—
(i) sub-paragraph (a);
(ii) sub-paragraph (b).
Interpretation of Part 3
6.—(1) In this Part—
“the Procurement Regulations” means the following and, in relation to any procedure, means whichever of the following applies to that procedure—
(a) the Defence and Security Public Contracts Regulations 2011;
(b) the Public Contracts Regulations 2015;
(c) the Concession Contracts Regulations 2016;
(d) the Utilities Contracts Regulations 2016.
(2) In this Part, the following have the same meaning as in the applicable Procurement Regulations—
(a)
(a) contracting authority;
(b)
(b) design contest;
(c)
(c) dynamic purchasing system;
(d)
(d) economic operator;
(e)
(e) framework agreement;
(f)
(f) utility.
Transitional provisions
7.—(1) Nothing in these Regulations affects any procurement commenced...
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