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10 November 2023 / Fleur Turrington , Jennifer Clarke , Aimee Cook
Issue: 8048 / Categories: Features , Procedure & practice , Procurement
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The Procurement Act—substantial progress or missed opportunity? Pt 2

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Fleur Turrington, Jennifer Clarke & Aimee Cook believe the new Act represents an opportunity for increased transparency
  • The Procurement Act 2023 received Royal Assent in October, with an implementation period expected before coming into force in October 2024.
  • A key principle that remains within the Act is that contracts under the competitive tender procedure are to be awarded in line with the ‘most advantageous tender’ and not those that are simply the most economically attractive to contracting authorities.

The Procurement Act 2023, which received Royal Assent in October, introduces the concept of a centrally managed debarment register. This will comprise a list of suppliers to be excluded from competing for public contracts. Suppliers will only be excluded following ministerial investigation and there is a right for the supplier to challenge exclusion within the debarment standstill period of eight working days of the decision to exclude.

Ministers will also have powers of review where they believe a contracting authority may unknowingly award a contract to a supplier who otherwise may be excludable.

Suppliers

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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