A party seeking to restrict another's commercial activities must consider whether such terms are normal in similar, factual and contractual circumstances.
The 2015 Regulations represent some significant changes for purchasers across the public sector, who now have a short window in which to consider the changes that are needed to their purchasing practices. We will be sharing with you over the next few weeks our thoughts on some of the important areas of change within the 2015 Regulations but, in the meantime, here are the key dates you need to know:
- the majority of the provisions come into force on 26th February; any procurement process that is commenced from this date will be subject to the 2015 Regulations. The exceptions to this are:
- there is a staggered introduction of the requirements on purchasers to procure electronically under paragraphs (1) to (7) of Regulation 22, with the majority of the requirements not coming into force until 2018 (though for dynamic purchasing systems and electronic catalogues these rules come in to force this month; for central purchasing bodies in 2017; and the European Single Procurement Document must be electronic from 2017);
- purchasers do not need to have recourse to e-Certis (a guide to different documents and certificates required from tenderers across the EU) until 2018;
- the obligations to use Contracts Finder do not come into force for purchasers outside central government (including local authorities and registered providers) until 1st April 2015.
There will be a period of adjustment in the case of concessions contracts (both works and services) which will be subject to Regulations to implement the Concessions Directive (Directive 2014/23/EU) which have not yet been drafted. Similarly, new forms for submission to the Official Journal are not expected to be ready in time for the 2015 Regulations coming into force and so existing forms will need to be used until these are ready.
For more information
For more information on this or any other aspect of the EU public procurement regime, please speak to any of Andrew Millross, Mark Cook, Richard Brooks and Gayle Monk, or your usual contact within Anthony Collins Solicitors.
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We’re delighted to announce that we have been ranked in the top five national legal advisers in the Top 3000 Charities 2021 directory.
The Law Commission published its report on Technical Issues in Charity Law in September 2017 following a public consultation.
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Charity registration financial thresholds.
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Family team partner, Elizabeth Wyatt, is delighted to congratulate Kadie Bennett for attaining Resolution Specialist Accreditation in both children law - private and complex financial remedy matters.
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