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.
Utilities are public authorities, public undertakings or other entities (‘private utilities’) that carry out ‘utility activities’ in the energy, water and transport sectors. They are regulated by Act when carrying out utility activities as they are not exposed to competitive forces in the market.
Contracting authorities awarding utilities contracts are generally governed by the provisions in the Act, just like any other contracting authority.
However, there are exceptions to the general rule and some specific provisions provide additional flexibility for utilities. In some cases, these provisions apply to all utilities and in others they only apply to particular types of utilities, e.g. private utilities.
Legal framework
- Section 6
- Section 35
Other guidance relevant to this area
Utilities will need to understand the whole of the Act, as, save for minor differences in the provisions, it applies equally to utilities and utility contracts as to contracting authorities awarding other types of contract.