Lisa Boyd

The Procurement Act, due to come into effect yesterday, has been delayed until 24 February 2025.

This delay may be welcomed by some businesses and public sector organisations in Northern Ireland, who now have a longer period to get to grips with the requirements of an act which will transform the way in which public procurement is carried out in Northern Ireland, England, and Wales.

The current UK procurement regime stems mostly from the 2014 EU Directives, relevant implementing legislation, and case law. The Act aims to overhaul rules and regulations previously put in place by the EU and replace them with a streamlined post-Brexit system with transparency at its core.

The intention was to consolidate the current rules, which span four different regulations, and codify case law in one place and whilst we have ended up with only one Act, we also have the Procurement Regulations 2024 and copious amounts of guidance notes. As one procurement commentator has noted, the aim of having all the rules in one place has been achieved — they are all online.

Noteworthy is that where already-established principles have been retained, in most cases they have been paraphrased, risking the need for fresh judicial scrutiny.

Most notable for businesses in Northern Ireland, however, is that not all provisions of the Act apply here. Organisations therefore need to make sure any training or advice is specific to this jurisdiction.

The Act will replace the current procurement procedures with three procedures: a single-stage open procedure without restrictions on who can tender; a competitive flexible procedures which the contracting authority designs as appropriate; and direct awards, available only in specific situations.

Training will be key for those looking to familiarise themselves with the new procurement regime. Those involved in tendering, whether for the private or public sector, should avail of such opportunities, making sure that they are relevant to this jurisdiction.

Documentation review will also be important, with templates and stock answers needing to be updated to ensure they satisfy the requirements of new tender documentation. Lastly, ensuring that your organisation is registered for tendering portals remains essential.

Many businesses will have been preparing for the October date of implementation, but for those who have fallen behind in their preparations, there is now further time to get your house in order. Even for those who have undertaken some preparatory work, the position will evolve as the Act is implemented and so it is key to keep up to date with any updates or changes.

• Lisa Boyd is a partner in the projects, construction and procurement team at Eversheds Sutherland in Belfast.