Public Procurement Law Changes

Implementation of Remedies Directive – 20 December 2009

Do you sell to or are in the public sector? If so you will be only too familiar with the public procurement rules. These complex rules require large value public sector contracts of over 100,000 public sector bodies in the UK to be advertised throughout the EU and contracts awarded only under very tight procedures and strict rules.

The UK has now implemented the EU Remedies Directive by the Public Contracts (Amendment) Regulations 2009. These take effect on 20 December 2009. They do not make major changes to the basic procurement legislation but they do alter “remedies”. Courts are not to be restricted to awarding compensation as the remedy where there is an improperly concluded contract and contracts can be set aside under the new rules. Local authorities and other public bodies are braced for more litigation. However, if proper notification and standstill exercises have been undertaken, the set aside right is avoided. Fines can also be used, or shortening of contract terms, to deal with breaches.

For further advice on the new rules and their impact please contact Cathy Cook at:

Jordans Solicitors
The Grainstore
Woolpacks Yard
Wakefield
West Yorkshire
WF1 2SG

Tel. 01924 387110