header-logo header-logo

21 February 2025 / Paul Henty
Issue: 8105 / Categories: Features , Procurement , Public , Governance , Company
printer mail-detail

Steering clear of the naughty step

208709
Paul Henty explores debarment & exclusion under the Procurement Act 2023
  • The Procurement Act 2023 will introduce a new regime for the awarding of public contracts in England, Wales and Northern Ireland
  • It will set out stronger provisions on the exclusion of bidders, an enhanced ability to exclude a bidder based on the actions of its parent and subsidiary companies, and the introduction of new rules on ‘debarment’ and a centrally maintained ‘debarment list’.
  • While the new regime promotes consistency, transparency, and accountability, these measures also require contracting authorities to exercise judgement and diligence in their application.

The Procurement Act 2023 (PA 2023), which comes into force on 24 February 2025, heralds a new era of accountability and integrity in the process for awarding public contracts in England, Wales and Northern Ireland. One of the most striking features of PA 2023 is the introduction of stronger provisions on the exclusion of bidders, an enhanced ability to exclude a bidder by reference to the actions

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
back-to-top-scroll