The Procurement Act 2023 in Practice: Key Changes & Guidance for Professionals

Introduction

If you are navigating the evolving landscape of public procurement law, this modular webinar is your essential guide.

Presented by Léonie Cowen, a distinguished solicitor and expert in public procurement, this 6-part modular webinar will enable you to understand the new law and how the law has been changed from EU-based law.

Designed for professionals with existing knowledge, including lawyers, procurement officers, and others across public and private sectors, this course tackles the most pressing questions, including whether the changes are as substantive as the Cabinet Office claims.

If you need an update on public procurement law and practice, this is the course for you.

What You Will Learn

This modular webinar will cover the following:

Module 1 - The Procurement Act (‘the Act’) - A Refresher

• Understand what is public procurement and its purpose
• Why the Act has been passed - a high-level overview including the law’s objectives
• What has the Act replaced and why the previous regime and EU law continue to be relevant
• The conceptual changes in approach, language and the implications
• Differences between the law in England, Wales, Northern Ireland and Scotland

Module 2 - The format of the Act, role of Cabinet Office, its guidance and training

• The format of the Act and its layout
• The Procurement Regulations 2024
• Cabinet Office’s role in developing the Act and securing its route through parliament
• Overview of the guidance issued by the Cabinet Office and its importance - it is not statutory
• The procedure and law for existing procurements and contracts
• The learning and development training offered by government

Module 3 - The Act in more detail (1)

• Thresholds
• Definitions in section 1 - contracting authorities, public contract, covered procurement, etc
• General principles within the Act
• Contracts between public sector entities
• Digital platform, selection questionnaire and procedure for awarding a public contract
• Procurement documents and MAT (most advantageous tender)
• The new procedures - open or competitive flexible procedure
• Frameworks
• Dynamic market

Module 4 - The Act in more detail (2)

• Schedule 5 - direct awards, urgency, prototypes and innovation
• Abnormally low tenders - procedure for disqualification, post award modification
• Procurement regimes - ‘light touch’, reserved contracts
• Below threshold procurements
• Payment of undisputed invoices

Module 5 - Transitional arrangements, the award process and challenging the outcome of a procurement

• Transitional arrangements
• Evaluation and award process -the documents to be provided to tenderers
• Enhanced requirements for contracting authorities to provide information
• Remedies and challenges - why speed is of the essence
• Existing case law and its relevance including future application of European Court of Justice cases to the UK

Module 6 - Miscellaneous provisions, subsidy control, World Trade Organisation rules and round-up

• Concession contracts
• Exempted contracts
• What is not included in the definition of a public contract
• Overview of the Subsidy Control Act 2023 and its regulatory regime - role of the Competition and Markets Authority, obligations to publish subsidies, the Subsidy Data Base and remedies for non-publication
• World Trade Organisation Rules - similarities and differences from UK procurement rules

This pre-recorded webinar will be available to view from Monday 5th January 2026

Alternatively, you can gain access to this webinar and 1,900+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.