Delivering the Procurement Act

Janet Lewis explains the role played by lawyers at the Government Legal Department in progressing the Government’s procurement reforms.

The Procurement Act marks one of the largest shake ups to procurement rules in this country’s history. The Act, which is expected to come into force in October 2024, establishes a new regime regulating how the public sector awards contracts for works, services and supplies. Government lawyers at the Government Legal Department (GLD) played a unique role in bringing this legislation to life.

GLD provides a legal service to the majority of government departments. As part of the Cabinet Office Legal Advisory Team, I work closely with the department’s policy team to provide advice on a range of government policies.

My team’s involvement in the Procurement Act began back in 2019 when reform proposals were first considered as part of a package of opportunities to take full advantage of the UK’s exit from the EU. The task was to replace four sets of regulations covering public procurement which had become ‘retained EU law’ and create a simpler and more transparent system that would reduce costs for businesses and the public sector.

At every stage, GLD lawyers used their expertise to guide the development of the new legislation. This included considering the law around devolution, data protection, oversight arrangements and ECHR considerations. We also ensured that the rules being developed would comply with the UK’s 30+ international trade agreements containing procurement obligations. This included the WTO Government Procurement Agreement, which alone is worth £1.3 trillion in guaranteed market access opportunities annually for UK businesses.

Working with the policy team and with the expertise of the Office of the Parliamentary Counsel, we created a simpler and shorter rule book in the form of the Procurement Bill. We ensured that it achieved a legally sound and appropriate balance between duties on the public sector when buying works, services or goods, and the rights of suppliers bidding for those contracts.

As the legislation progressed through Parliament, GLD lawyers briefed senior officials and Ministers, worked on hundreds of amendments, cleared thousands of pages of speaking packs and supported Ministers in parliamentary debates. The Bill received Royal Assent in October 2023, the culmination of many years of hard work.

We were proud to support Cabinet Office colleagues in turning these ambitious objectives into detailed policy. Having spent the first 10 years of my career advising local authorities on complex procurements before moving to GLD, I know only too well how important these changes to facilitate more flexible and simpler procurements will be.

The team is now busy drafting secondary legislation to be made under the Act, as well as reviewing policy guidance and developing detailed processes to turn the reforms into practical reality. This is all part of the truly unique career that GLD offers at the heart of government and law making.

Janet Lewis is Acting Deputy Director at the Government Legal Department.