Procurement Act 2023: One Year On – key insights…

On 6 July 2026, Landmark Chambers hosted a webinar examining the practical impact of the Procurement Act 2023 since coming into force in February last year. The session explored how the new regime is operating in practice, focusing on transparency requirements, procurement challenges and litigation risks, as well as the Act’s emphasis on supporting small and medium-sized enterprises (SMEs).

For local authorities, the webinar provided several important reminders about the procedural and governance changes introduced by the Act, alongside emerging developments from the courts that are beginning to shape how the legislation will be interpreted.

Greater transparency means greater scrutiny

One of the most significant changes under the Act is the new requirement for assessment summaries. Contracting authorities must now provide unsuccessful bidders with detailed explanations of the scores awarded, including how individual award criteria and sub-criteria were assessed by reference to information contained within the tender submission.

For local government procurement teams, this reinforces the importance of robust evaluation processes and well documented scoring decisions. Assessment summaries are intended to improve transparency and enable suppliers to understand procurement outcomes in a meaningful way. The webinar highlighted that authorities should ensure evaluation records are sufficiently detailed to support any feedback subsequently provided to bidders.

Closely linked to this is the Act’s record keeping requirement. Authorities must retain records that are sufficient to explain material procurement decisions. In practice, this means maintaining comprehensive audit trails throughout the procurement lifecycle to demonstrate compliance and support decision making should a challenge arise.

Procurement challenges: a changing landscape

The webinar also considered how the Procurement Act 2023 has altered the framework for procurement disputes. A key message was that authorities should continue to pay close attention to standstill periods and the possibility of challenges being issued before contracts are awarded.

Under the new regime, automatic suspension now applies only where legal proceedings are commenced, and the authority is notified during the mandatory standstill period. As a result, timing has become even more critical for suppliers seeking to challenge procurement decisions.

For contracting authorities, a notable development is the emerging judicial approach to lifting suspensions. The webinar explored the recent decision in Parkingeye v Velindre, which suggests that courts may apply a different and potentially more demanding test than under the previous procurement regime when deciding whether a suspension should be lifted. This could have practical implications for authorities planning procurement timetables and managing risks associated with contract awards.

The speakers also noted the growing role of judicial review as a procurement remedy, particularly in areas that fall outside the enforcement mechanisms provided by the Act itself. Local authorities should therefore remain alert to broader public law considerations when designing and conducting procurements.

Supporting SMEs remains a core objective

One of the Act’s central policy objectives is improving access to public contracts for SMEs. The webinar reviewed the duty placed on contracting authorities to consider the barriers that small and medium-sized businesses may face when participating in procurements and to consider whether those barriers can be reduced or removed.

For local authorities, this means that SME considerations should be embedded throughout the procurement process rather than viewed as a standalone exercise. Practical measures may include avoiding unnecessarily restrictive requirements, engaging with the market at an early stage, limiting excessive insurance or financial thresholds, ensuring prompt payment practices, and clearly identifying opportunities that may be particularly suitable for SME suppliers.

The webinar also highlighted the importance of maintaining clear records demonstrating how SME considerations have been addressed, drawing comparisons with other ‘due regard’ duties familiar to the public sector.

Key takeaways for local authorities

One year on from implementation, the Procurement Act 2023 is proving to be more than a procedural update. Transparency obligations, enhanced record-keeping requirements, evolving litigation risks and the continued emphasis on supporting SMEs are all influencing how procurements are planned and delivered.

For local government organisations, the message from the webinar was clear: good governance, comprehensive documentation and a proactive approach to supplier engagement remain essential. As new case law develops and authorities gain further experience of the regime, staying abreast of practical and legal developments will be critical to ensuring compliant, effective and resilient procurement processes.

The recording and a copy of the slide deck from this webinar are available here.

This blog post was written by Landmark Chambers.