Public Contracts Regulations 2015 - Regulation 73
On 26 February 2015, the Public Contracts Regulations 2015 came into force, transposing into UK national legislation European Union Directive 2014/24/EU. Amongst a raft of changes, one aspect that will be of particular importance to the public and private sectors alike is Regulation 73. This places an obligation on contracting authorities to provide arrangements to govern the sometimes uncomfortable relationship between procurement and contract law.
Regulation 73 sets out three scenarios in which the contracting authority must be able to terminate the contract of an economic operator:
- The contract has been subject to a substantial modification which would have required a new procurement procedure.
- Grounds for exclusion of the economic operator (as defined by the Directive) become applicable.
- The contract is declared ineffective by a Court.
This is not a change in the law per se as various jurisprudence has created this duty for contracting authorities to terminate when the circumstances outlined above occurred. What Regulation 73 provides for is an obligation for contracting authorities to codify the right to terminate in their contracts. However, the mechanics of how this is to be achieved – notices, payment for loss and expense etc. – is at the discretion of contracting authorities.
Further, and in a ‘belt-and-braces’ approach, Regulation 73 states that where a contracting authority has not included provisions for termination on one or more of the three grounds, such a right may be implied.
Whilst an understanding of Regulation 73 is of crucial importance to public sector bodies, it is also key to contractors and subcontractors alike as they may be on the 'receiving end'.
--Quigg Golden Associate Simon McCormick has written an article on this aspect of the new legislation which you can view by clicking on this link.
Featured articles and news
Difficult Sites: Architecture Against the Odds
Free exhibition at the RIBA Architecture Gallery until 31 May.
Designing Buildings reaches 20,000 articles
We take a look back at some of the stranger contributions.
Lessons learned from other industries.
The Buildings of the Malting Industry. Book review.
Conserving places with climate resilience in mind.
Combating burnout.
The 5 elements of seiri, seiton, seiso, seiketsu and shitsuke.
Shading for housing, a design guide
A look back at embedding a new culture of shading.
The Architectural Technology Awards
The AT Awards 2025 are open for entries!
ECA Blueprint for Electrification
The 'mosaic of interconnected challenges' and how to deliver the UK’s Transition to Clean Power.
Grenfell Tower Principal Contractor Award notice
Tower repair and maintenance contractor announced as demolition contractor.
Passivhaus social homes benefit from heat pump service
Sixteen new homes designed and built to achieve Passivhaus constructed in Dumfries & Galloway.
CABE Publishes Results of 2025 Building Control Survey
Concern over lack of understanding of how roles have changed since the introduction of the BSA 2022.
British Architectural Sculpture 1851-1951
A rich heritage of decorative and figurative sculpture. Book review.
A programme to tackle the lack of diversity.