Procurement Act 2023 — further duties in 2026 that contracting authorities must observe

We explore the upcoming changes introduced by the Procurement Act 2023, when they take effect and what they mean for contracting authorities.
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Partner
0151 600 3085 07342 998 119 michael.winder@brabners.com
An experienced commercial lawyer, Michael’s expertise includes advising on terms and conditions of trade, agency and distribution agreements, grant agreements, IT contracts (including provision of hardware, development, licensing and maintenance of software and software-as-a-service agreements), manufacturing agreements, logistics agreements and specific agreements for specialised and service projects. Michael also advises on framework agreements and freedom of information queries.
In addition, with extensive public procurement experience, Michael advises contracting authorities and utilities on a range of contentious and non-contentious legal matters. These range from discrete pieces of advice to advising on large-scale projects. He also advises private sector companies and property developers on their bids for public contracts and how to challenge award decisions, providing a view of procurement from both sides.
Michael’s background is in providing legal advice on both Private Finance Initiative (PFI) and public private partnership projects, having advised on a variety of infrastructure projects including roads, schools, housing and town centre regeneration.
He has previously worked both in both the public and private sectors, including in an in-house legal team at a large county council, where he provided legal advice on procurement law, commercial contracts, projects and other local government matters including vires matters.
A member of the Procurement Lawyers’ Association and classed as a ‘Leading Individual’ by The UK Legal 500, Michael’s clients include ProAct International Ltd, Torus Housing Association, Shaw Trust Ltd, Henry Bath Ltd, Cobalt Housing Association, Suez Advanced Solutions UK Ltd and Peel Ports Group.
Michael qualified in 2006. He joined Brabners in 2012 and works across our Liverpool and Lancashire offices.
“We worked alongside Brabners and the Council to deliver the procurement of a private sector partner for the regeneration of Oldham Town Centre. As a project team we managed to get from first legal dialogue session to award in just seven months. That is fast on a project of this scale and complexity. It demonstrates how both the CBRE and Brabners teams are quick to deliver positive outcomes in public procurement for regeneration, which can sometimes suffer from slow and cumbersome processes. The sector knowledge and collaborative approach of Roy Barry and Michael Winder in particular were instrumental in navigating complex legal issues to achieve the Council’s regeneration objectives.”
Adam White, Executive Director, CBRE
“The team at Brabners puts my mind at ease each step of the way... highly impressive in terms of responsiveness, explaining each step of the legal process and the amazing level of expertise. I have referred several friends and clients, and Brabners’ client care has really impressed. High praise must go to Michael Winder for an impressively quick turnaround of legal advice regarding a personal guarantee arrangement.”
Managing Director, NORI HR And Employment Law
“I highly recommend Michael Winder, who has not only supported us on previous [public procurement] challenges but has provided some much needed and essential underpinning knowledge.”
Managing Director, Exclusec Ltd

We explore the upcoming changes introduced by the Procurement Act 2023, when they take effect and what they mean for contracting authorities.

We explore how contracting authorities must approach contract variations under the Procurement Act 2023.

We explore the new minimum financial thresholds that will apply to public contracts and the application of the Procurement Act 2023 from 1 January 2026.

Just months after the Procurement Act 2023 came into force, a new consultation signals further wide-ranging reforms — with major implications for SMEs, local jobs and national resilience.

Here, experienced procurement lawyer Michael Winder offers his top tips for how to manage PFI contract expiries.

Our procurement lawyers recap the changes introduced by the Procurement Act 2023 which all contracting authorities and companies must comply with.

The Procurement Act 2023 has been delayed by four months and will now commence on 24 February 2025. Here's four practical steps for contracting authorities.

We examine the direct award of public contracts and what has changed under the Procurement Act ahead of its implementation in February 2025.

We explain the Procurement Act's reduction in procurement routes available to contracting authorities in favour of fewer, more flexible, procedures.

March 2024 was a busy month in the world of public procurement law, with a number of developments.

How will the Procurement Act’s objectives replace existing procurement principles? Our commercial law team explores.

Here, our procurement law team explores what this Court of Appeal judgment means for procurement professionals.

Contracting authorities should be mindful of remaining up to date with case law and processes under the Regulations.

Until the Procurement Act 2023 comes into effect, the American-Cyanamid test continues to be used.

New minimum financial thresholds will apply to public procurement law from 1 January 2024.

The Procurement Act 2023 finally received Royal Assent on 26 October 2023. What comes next?

A key case from the summer has clarified the scope of “economic operator” under the Concession Contract Regulations 2016

Our latest large-scale procurement project saw our real estate group act for Oldham Council on its £550m regen strategy.

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We look at the recent case of Developing Assets (UK) Limited (t/a Helioperations) v West Yorkshire Combined Authority.

In this article Michael Winder looks into the latest interim changes to the Public Contracts Regulations 2015.

In this article our Commercial team look at the importance of establishing written agreements and contracts.

In this article the Procurement team provide a more detailed overview of the key points included in the Procurement Bill

The Procurement team review a recent case between Inhealth Intelligence Limited (Claimant) and NHS England (Defendant).