Amendment to the Public Contracts Regulations 2006

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21 June 2011

The Bribery Act 2010 will come fully into force on 1 July 2011. Along with the Commencement Order, the Secretary of State has made the Bribery Act 2010 (Consequential Amendments) Order 2011. Amongst other things, this amends regulation 23 (criteria for the rejection of economic operators) of the Public Contracts Regulations 2006 to include a new regulation 23 (1) (ca), requiring rejection of bidders on the grounds of a conviction for "bribery within the meaning of section 1 or 6 of the Bribery Act 2010".

References in regulation 23 to the common law offence of bribery, the Public Bodies Corrupt Practices Act 1889 and to the Prevention of Corruption Act 1906 (repealed by the Bribery Act) remain to cover historic offences.

This change to the Regulation comes into force on 1 July 2011 and will require amendments to contracting authorities' standard PQQ documentation reciting the regulation 23 (1) provisions.

If you would like to discuss this change and any other issues flowing from the Bribery Act please contact John Houlden or Tim Heywood in our Procurement Team.

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