Commencement date confirmed as 24 February 2025
The Procurement Act 2023 (Commencement No. 3 and Transitional and Saving Provisions) (Amendment) Regulations 2024 (S.I. 2024/959) do this by amending the Procurement Act 2023 (Commencement No 3. and Transitional and Saving Provisions) Regulations 2024 (S.I. 2024/716) ("the Amended Commencement Regulations").
Regulation 2(2) of the Amended Commencement Regulations now clearly provides for the main operative provisions of the Act to come into force on 24 February 2025 (as opposed to 28 October 2024), with saving provisions still in place to facilitate the transition to the new legislation.
Continued operation of Dynamic Purchasing Systems established under the current regime
With regard to that transition, contracting authorities operating (or contemplating launching) a Dynamic Purchasing System (DPS) established under the Public Contracts Regulations 2015 should note, in particular, that under regulation 5(4) of the Amended Commencement Regulations, the period of validity of a DPS cannot now be changed after 23 February 2026 (as opposed to the previous date of 27 October 2025) and, in any eventuality, will be deemed to expire on 23 February 2029. This provides extra time for contracting authorities for the continued operation of their DPS established under the 2015 Regulations.
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