# When do the old procurement rules still apply?
The Procurement Act 2023 has applied to new procurements commenced on or after 24 February 2025. Procurements that began under the previous rules generally continue under those rules, as do the contracts awarded through them. In 2026, the date a team started planning is not, by itself, the answer. Buyers and suppliers need to identify the legally relevant commencement event and keep a record of it.
This distinction affects procedure, notices, contract changes and challenge risk. It is especially easy to miss when a competition spans the changeover date or when a buyer uses an existing framework.
Start with the commencement record
Find the notice, invitation or other act that commenced the procurement under the legislation that applied at the time. Record its date, the procedure, the route to market and the evidence relied on. A preliminary market engagement prior information notice, on its own, does not generally mean that the procurement commenced under the old regime. If the trigger is uncertain, check the Cabinet Office's transitional guidance before deciding which rules to apply.
For a procurement commenced before 24 February 2025 under the Public Contracts Regulations 2015, Utilities Contracts Regulations 2016, Concession Contracts Regulations 2016 or Defence and Security Public Contracts Regulations 2011, the previous legislation is saved for that procurement. For a procurement commenced on or after that date, start with the Procurement Act 2023 and its regulations, subject to any specific exception.
Three common 2026 scenarios
**An old-regime competition is still running.** Do not switch its procedure or notice requirements midway merely because the Act is now in force. Carry the procurement through under the saved rules and retain the commencement evidence in the file.
**An old-regime contract is being managed or changed.** The relevant former legislation continues to govern the contract through its life, including applicable modification and transparency duties. Check the original procurement route and the contract terms before treating a change as permitted. The current calendar date does not convert an old contract into an Act contract.
**A buyer calls off an old framework or uses an old dynamic purchasing system.** Call-offs under frameworks, dynamic purchasing systems and qualification systems established under the previous legislation remain subject to the saved rules. Check the establishment date, scope, expiry and call-off terms. The transitional guidance sets an end date no later than 23 February 2029 for old dynamic purchasing systems and qualification systems; individual arrangements may end earlier.
A short decision record for the file
Before issuing a notice, changing a contract or advising a bidder, answer these questions:
1. What is the procurement or contract being considered, and which legal regime was used to start it? 2. What exact event commenced the procurement, and where is the dated evidence? 3. Is this an award under an existing framework or dynamic purchasing system? If so, when and under which regime was that arrangement established? 4. Which saved notice, modification, payment or reporting obligations apply to this transaction? 5. Who checked the answer, and when will it be revisited if the route changes?
The record should cite the particular transitional provision and the relevant original procurement documents. A label such as “pre-Act contract” without the underlying evidence is weak assurance.
Avoid mixed-regime notices
A familiar form or platform field can make it tempting to publish the wrong notice. Check the notice requirement against the regime that actually applies before publication. Where Contracts Finder reporting is relevant, use the current Cabinet Office guidance on its transparency requirements and transitional treatment. Keep the contract record, notice narrative and internal approvals consistent.
The practical rule is to identify the commencement trigger first, then apply the corresponding procedure and lifecycle duties. If the facts span regimes or involve a complex modification, obtain procurement legal advice on the specific transaction.
### Primary sources
- Cabinet Office guidance: transitional and saving arrangements - Cabinet Office guidance: Contracts Finder transparency requirements
*This is a practical overview, not legal advice. Check the legislation and current guidance against the facts of each procurement.*