INSIGHT
How useful is Regulation 43 of the Procurement Act 2023 in practice?13 October 2025
By Rebecca Rees and Jade Divers
Welcome to our Autumn edition of Procurement in Profile. We are now more than six months into the new regime brought in by the Procurement Act 2023. Many contracting authorities have now issued their first procurements in this new landscape and our team has been guiding them on their way. This edition takes a moment to reflect on the immediate queries and pinch-points that we have encountered as the statutory provisions have collided with reality.
We take a closer look at how contracting authorities are using pre-market engagement to create procurement processes that are more appealing to SMEs. We also cover some of the new regimes quirks, looking at: switching from a competitive tendering procedure to a direct award under section 43; and limits on mandatory insurance requirements when appointing suppliers to frameworks. And we bring you right up to date with an article on Payment Compliance Notices – which became mandatory on 1 October 2025.
As the nights draw in, the conference season continues in full flow. We will be out and about discussing all aspects of procurement in the coming months. Our confirmed engagements are listed below – please do join us!
1. Tell us a bit about your role – what will you be working on in procurement?
"As a public procurement associate I will be supporting the firm's clients on how to navigate the new Procurement Act 2023, as well as any contracts or procurements continuing under the old regime. Every day is different. One day I might be reviewing procurement documentation ahead of an upcoming procurement procedure for a client, and another advising on potential lawful grounds for a direct award. Since joining I have already helped clients develop standard procurement templates, assess their procurement policies, and attended competitive dialogue sessions for a live procedure. I have also had the pleasure of meeting many of our clients and delivering training on the new procurement regime. Procurement is a really exciting area to be working in at the moment, and I am looking forward to further supporting the firm's clients to maximise the opportunities the new regime presents."
2. What drew you to join the procurement team/ the firm?
"Having a young family, the firm's culture and values was a big draw. However, the other major factor was the firm's fantastic reputation in procurement and public sector work. I love a challenge and the breadth of work the firm does really excited me."
3. What’s your professional background – where were you before this?
"My professional background is slightly unconventional. I originally qualified into a Corporate law team, but then joined central government as an inhouse lawyer and reskilled to specialise in commercial and public procurement law. It was the best decision, as I discovered an area of law I am really passionate about."
4. What’s something you’re excited to bring to the team?
"I am excited to share my perspective and experiences of advising in an inhouse role. I think inhouse you get to really see how the law you advise on is practically applied and, in particular, how it impacts operational decisions day-to-day."
5. What’s one thing you’re looking forward to learning in your new role?
"It is hard to pinpoint one specific thing. I am just really looking forward to learning as much as possible from my colleagues."
13 October 2025
By Rebecca Rees and Jade Divers
13 October 2025
By Louis Sebastian and Andrea Leigh
30 September 2025
By Rebecca Rees and Louis Sebastian
Partners Rebecca Rees, Louis Sebastian and Dan Butler will host our regular procurement update with a focus on how the Procurement Act 2023 has effected contracting authorities and procurement practioners, eight months on from it's original publish date.
Partner Rebecca Rees will join the panel at this year's SEC conference alongside The Procurement Plug, Adventa and Connected Places Catapult to discuss a Procurement Podcast Live: The Reform Rundown.
Partner Rebecca Rees will attend the Homes UK conference - this event brings together housing professionals that will explore implications of the Autumn Budget in real time and discuss opportunities and challenges in the wake of the Chancellor's announcements.
Partner Rebecca Rees will attend the White Paper conference, which is targeted at shaping new developments into solution-focused answers, from top-rated KCs, judges and solicitors, for your clients.
Partners Amardeep Gill and Rebecca Rees will taking the stage in the 'Case Study Zone' at Procurement Act Live — a dedicated space for showcasing procurement in action. Amardeep's session will share insight into 'navigating AI and technology contracts post-Act'. Rebecca's session will focus on 'navigating the new procurement landscape: legal reflections and consultation impact'.
In our Essential Guide to the Procurement Act 2023, we have summarised the key concepts that have been brought forward by the Government into the new legislation.
The notices flowchart explains in plain language the requirements in relation to notices under the new Act.
Our Procurement Act 2023 jargon buster sets out some of the key terms under the Procurement Act 2023.
Local Government Lawyer in association with Trowers & Hamlins - Partners Rebecca Rees and Amardeep Gill have been featured in Local Government Lawyer, where we have conducted a joint survey.
Partner Rebecca Rees was featured in the first episode of the podcast series titled 'Procurement After the Act'. She has unpacked what the act has changed in the practise and how the legal bodies can avoid legal risk while raising standards of delivery. The podcast will be out next week.