What has changed?
The Procurement Act 2023 came into force in February 2025, replacing the Public Contract Regulations 2015 as the primary legislative framework governing public procurement in England, Wales and Northern Ireland. For Registered Providers of Social Housing, the new Act introduces revised obligations around transparency, supplier engagement, and the competitive process.
The Act applies to procurements commenced on or after 24 February 2025. Procurements started under the PCR 2015 before that date continue under the old regime.
Key changes for Registered Providers
The Act introduces a more principles-based approach to procurement, replacing the prescriptive procedures of the PCR 2015. The main changes relevant to Registered Providers include:
- New procurement procedures — the Open, Restricted and Competitive Dialogue procedures are replaced by a simplified set of routes including the Open Procedure and Competitive Flexible Procedure.
- Enhanced transparency requirements — a new central digital platform (Find a Tender) requires more extensive notices at each stage of the process.
- A supplier debarment register that contracting authorities must check before awarding contracts.
- New award criteria rules — Most Advantageous Tender (MAT) replaces Most Economically Advantageous Tender (MEAT), with greater flexibility in how criteria can be weighted.
- Greater emphasis on procurement delivering against wider public benefit objectives.
Section 20 — what remains unchanged
The obligations under Section 20 of the Landlord and Tenant Act 1985 — governing leaseholder consultation for qualifying works — are not affected by the Procurement Act 2023. These obligations remain in force and must be considered alongside the procurement process for any qualifying works contracts.
How Tectum can help
Tectum has been advising clients on Procurement Act compliance since the legislation was enacted. We can help your organisation to:
- Review and update your procurement strategy and policy documentation
- Understand which procedure is appropriate for your next procurement
- Navigate the new transparency obligations
- Ensure your existing frameworks and DPS arrangements remain compliant