Managing two parallel procurement regimes: Why public sector buyers and commissioners must stay alert

If you work with public contracts, you’ll know the Procurement Act 2023 officially kicked in on 24 February 2025. But thanks to the Government’s transitional rules, not everything flipped to the new regime overnight - and that’s where things are getting messy.

We’re already seeing cases where the wrong rules have been applied, so here’s a straightforward, no‑nonsense rundown.

The Golden Rule: It all hinges on when the procurement started

If the procurement started after 24 Feb 2025 - PA 2023 applies.
If it started before 24 Feb 2025 - PCR 2015 stays in charge.

Simple in theory, but easy to trip up on in practice.

What that means day‑to‑day:

For PCR 2015 contracts:

• Manage and modify them using PCR 2015 only.
• Regulation 72 remains your test for permissible modifications.
• Use PCR‑style notices (e.g., a Reg 72 notice), not the new PA 2023 notice types.

For PA 2023 contracts:

• Follow the new modification rules under PA 23.
• Apply the enhanced transparency obligations.
• Show regard to Section 12 objectives and the National Procurement Policy Statement.

Why this matters: 

There are probably tens of thousands of contracts still running under PCR 2015, and many frameworks let call‑offs run for years. So most organisations will be juggling both regimes for quite some time.

Get it wrong and you could face:

• Unlawful contract changes
• Transparency breaches
• Procurement challenges and remedies claims
• Audit issues

Some practical tips to stay out of trouble:

• Audit your contracts - tag each one by regime and procurement start date.
• Build regime‑specific workflows - especially for modifications and notices.
• Update templates and training - teams need to know which rules apply when.
• Watch your frameworks - transitional rules catch people out here the most.
• Document decisions - especially around modifications and extensions.

And some final thoughts:

The Procurement Act 2023 is a big shift - but we’re now living in a world where two systems run side‑by‑side (well at least for a while). If you keep good records, know which regime each contract belongs to, and follow the right processes, you’ll stay compliant and avoid painful surprises. Oh- and don't throw away your copy of the PCR15 just yet as you may well still need it!