The Procurement Act 2023 (Commencement No. 4) Regulations 2025 (SI 2025/1316) have been made by Minister for the Cabinet Office (with the consent of the Welsh Ministers) under powers conferred by section 127(2) of the Procurement Act 2023. This will bring into effect key outstanding provisions of the Procurement Act 2023 in a phased manner, from the New Year.
Contracting authorities should note the following:
From 1 January 2026:
- Section 69 – Payments Compliance Notices (UK17) – CAs must publish notices confirming compliance with prompt payment requirements, including subcontractor payments.
Further details available in the relevant Guidance.
- Section 71 – Contract Performance Assessment (UK9) - The Contract Performance Notice has three functions:
- To report regularly on supplier performance against at least three material KPIs where the contract is valued at over £5 million. Contracting Authorities must publish a Contract Performance Notice at least once every 12 months and on termination of the for each of those contracts, rating the supplier’s performance against the KPIs; and
- To report on any supplier breach of a public contract which leads to termination or partial termination of the contract, an award of damages to the authority or a settlement agreement between the parties; and
- To report on any aspect of supplier poor performance which the contracting authority considers to be unsatisfactory and which, despite an opportunity being given, remains unremedied.
Further details available in the relevant Guidance.
From 1 April 2026:
- Section 70 – Information about payments under public contracts - requires contracting authorities to publish details of payments over £30,000 (incl VAT). The requirement applies to public contracts (those above threshold) let under the Procurement Act 2023 that are commenced (publication of tender or transparency notice) from 1 April 2026 onwards.
Contracting Authorities will need to ensure that the above is noted and action taken to ensure that the new obligations are complied with.
If you require further information, please contact:
Mohamed Hans
07717345188
mhans@procuretoday.co.uk
