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10 November 2023 / Fleur Turrington , Jennifer Clarke , Aimee Cook
Issue: 8048 / Categories: Features , Procedure & practice , Procurement
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The Procurement Act—substantial progress or missed opportunity? Pt 2

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Fleur Turrington, Jennifer Clarke & Aimee Cook believe the new Act represents an opportunity for increased transparency
  • The Procurement Act 2023 received Royal Assent in October, with an implementation period expected before coming into force in October 2024.
  • A key principle that remains within the Act is that contracts under the competitive tender procedure are to be awarded in line with the ‘most advantageous tender’ and not those that are simply the most economically attractive to contracting authorities.

The Procurement Act 2023, which received Royal Assent in October, introduces the concept of a centrally managed debarment register. This will comprise a list of suppliers to be excluded from competing for public contracts. Suppliers will only be excluded following ministerial investigation and there is a right for the supplier to challenge exclusion within the debarment standstill period of eight working days of the decision to exclude.

Ministers will also have powers of review where they believe a contracting authority may unknowingly award

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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