Overview
The guidance documents are intended to provide technical guidance and help with interpretation and understanding of the Procurement Act 2023.
The guidance documents should be read in conjunction with the Procurement Act 2023 and its associated regulations and are aimed at procurement practitioners and commercial policy leads in contracting authorities. They are intended to provide technical guidance and help with interpretation and understanding of the Procurement Act 2023.
Contracting authorities are under a statutory duty to comply with the Procurement Act 2023 (Act) and the Procurement Regulations 2024 (regulations). A breach of statutory duty may cause loss or damage to a supplier. As such, it is important that contracting authorities can be challenged and that civil remedies are available to compensate suppliers for any loss or damage or remedy the situation and to incentivise contracting authorities to comply with the Act.
The guidance focuses on the legal remedies that are available under the Act. It covers the actions or decisions that the Court may take in civil claims against a contracting authority for breach of statutory duty. It does not cover any other remedies which a supplier may seek, such as judicial review.
Legal framework
- Sections 100 - 107
Other guidance relevant to this area
In order to effectively manage the risk of receiving a legal claim and ensure that procurements are undertaken in accordance with the law, contracting authorities will need to be familiar with the obligations that can trigger a legal claim if they are not complied with. For example, those contained in Parts 1-5 and 7-8 of the Act. This encompasses the whole suite of guidance documentation.