Public procurement is crucial in ensuring that contracts, goods and services are awarded by public bodies in a fair, transparent, and legally compliant way. In this blog, our Public Law team answer some of the most frequently asked questions about public procurement in England and Wales.
What is Public Procurement?
Public procurement is the process by which public bodies award, enter into, and manage contracts for goods, services, and works sourced from third parties. This process upholds transparency and accountability in public spending
Which laws govern public procurement in England and Wales?
The primary legislation governing public procurement in England and Wales is the Procurement Act 2023, which came into force on 24 February 2025. The Act was introduced in order to improve the way that public sector bodies spend money.
The Procurement (Wales) Regulations 2024 apply specifically to Welsh contracting authorities. These regulations provide further clarity on how the Procurement Act 2023 is implemented within Wales.
You can find our more on what the Procurement Act 2023 means for procurement in Wales, here.
Who does the Procurement Act 2023 apply to?
The Procurement Act 2023 and the accompanying Wales Regulations 2024 apply to:
- Contracting authorities (including government departments, local authorities, and certain public bodies).
- Suppliers who wish to tender for public sector contracts in England and Wales.
Both parties must ensure compliance with the relevant legislation during the procurement lifecycle.
Can a public procurement decision be legally challenged?
Yes. A public procurement decision can be legally challenged if a contracting authority fails to comply with its legal duties.
Under Section 100 of the Procurement Act 2023, obligations set out in Parts 1 to 5, 7, and 8 of the Act are enforceable through civil proceedings. This means that suppliers can take legal action if they believe a procurement process has been unfair or unlawful.
What are the time limits for challenging a procurement decision?
Time is critical when considering legal action in public procurement disputes.
According to Section 106 of the Procurement Act 2023, a supplier must begin set-aside proceedings before the earlier (i.e. whichever comes first) of:
- 30 days from the date the supplier first knew (or ought to have known) about the issue giving rise to the claim; or
- 6 months from the date the contract was entered into or modified.
Missing these deadlines could prevent you from pursuing a legal remedy.
Need advice on a procurement matter?
If you are a contracting authority or a supplier and are concerned about the legality of a procurement decision, the Public Law team at Harding Evans can help help advise you on your legal position, and represent your interests through any necessary proceedings. Contact us today.
