Preparing for the Procurement Act - Legal training

On 24 February 2025, a new public procurement regime was brought into effect by the Procurement Act 2023. Originally planned to launch on 28 October 2024, the Act’s delay was to allow time for the National Procurement Policy Statement (NPPS) to be produced and adapted in accordance with the new government’s objectives. This means that further regulations have been introduced with the Act as it came into effect, outlining the government’s objectives of making public procurement more transparent, flexible, competitive and efficient. Acknowledging the significant impact of the biggest change to public procurement is necessary, and with certain sector-specific provisions and exclusions applied, it will be necessary for public sector organisations and SMEs to understand how the Act applies to them and ensure that all staff are entirely equipped to implement the new regime. 

Although substantial theoretical training has been provided from the government on the Procurement Act, public sector organisations should now look to focus on the practical application of the Act from a legal standpoint, ensuring all public sector organisations have access to and are provided with official legal advice and professional training in accordance with the Act and its objectives.

As with any new regime, there are potential challenges or risks that may occur.

1. The Act requires contracting authorities and suppliers to familiarise themselves with the new types of contracts, procedures, and notices available under the Act. 

2. All staff involved in procurement will need appropriate training to understand and enforce the updated regime accurately. 

3. There is no case law on this Act as of yet, and so staying informed with how the courts’ view procurement and interpreting these new regulations is vital but can be challenging for non-legal professionals.

Prepare with legal training

• Policy and contract support - assisting organisations with drafting, reviewing and updating procurement policies and contracts.    
• Providing knowledge – ensuring all organisations are conducting fair transparent evaluations and issuing compliant notices. 
• Manage relationships – handling interactions between suppliers and buying teams/individual customers, ensuring smooth operations. 
• Risk mitigation – managing risks and aiming for organisations to comply with all new regulations and obligations.

Our Legal Service Framework 

At YPO, we offer access to unique training that helps both customers and suppliers prepare and design the way that public sector procures. We aim to offer a compliant, cost-effective route to market for external legal advice and professional support. Our Legal Services - WPS – framework offers a variety of legal services, including Childcare law, General Litigation, Public Health and Employment Law; this framework aims to deliver the best available discount rates on legal advice to our customers. Under this contract agreement, we have three lots that provide legal and procurement training for suppliers and the wider public sector.

Lot 11 – Procurement Training for WPS 

This lot is targeted at our customers in public authorities and aims to explain what the new regulations are and what impacts they may have for contracting authorities. It will explain the legislative intent behind the act and introduce relevant requirements and obligations under the act. It will also discuss how the new type of procurements will work and what advantages this may have for contracting authorities. This lot will provide step-by-step guidance on developing and managing legally compliant procurement notices, along with explaining the differences between Dynamic Marketplaces and Frameworks. The wider public sector will also gain training on providing effective and lawful evaluation and debriefing bidders. Essentially, this training builds on and compliments the government’s training by supporting and advising on the practical application of the Act.

Lot 12 – Legal Training for WPS 

This lot covers all categories of standard legal training , such as professional development courses, training for non-legal professionals (e.g. HR doing training on policies), training for in-house legal teams on any legal updates or recent case law and any other legal training needed by organisations. This will include general updates following case law and other public sector legal updates such as PPNs. In addition, the training will provide thorough explanations of key legal principles, along with detailed training for any topics from lots 1 – 10, e.g. on IPR law, health and safety etc. This will also include the analysis of recent legal judgements affecting public sector operations.

Lot 13 - Procurement Training for YPO Suppliers

This lot is for suppliers who want to do business with public sector organisations. The lot will introduce the Procurement Act and explain what the new regulations are and how it influences how they do business with the public sector. This training will also discuss the new flexible and effective procurement procedures and relevant changes to framework agreements. Most importantly, this lot will focus on the challenges under the new regime and how suppliers can prepare and adapt to this regime efficiently.

Check out our Legal Services - WPS – framework for more information on the lots; you can also visit our Procurement Reform webpage to stay up to date with the latest developments.