No, the Act outlines how public contracts are to be awarded and managed but does not single out Chinese products for bans in government procurements. It does however give the Government the authority to exclude suppliers based on national security, either case-by-case or if they are on a debarment list for specific contracts. These powers might lead to bans on certain products in the future for particular contracts.

The Act applies to most government and public bodies, including certain utilities, when they are contracting to buy goods, services, and works above certain financial limits. It requires fair and transparent competitive bidding for those contracts. The Bill does not forbid selling specific products to particular entities. It does grant the Government the power to exclude suppliers due to national security concerns. This might result in suppliers being barred from contracts with government bodies posing higher national security risks. Contracting authorities must verify if bidders are on the exclusion list for each procurement. Some security-related bodies like the Security Service and GCHQ are exempt from the Act. They can independently choose whom to contract with. The Act does not cover Scottish authorities, as Scotland maintains EU law-based procurement rules for now. They may align their procurement rules with the Act in England, Wales, and Northern Ireland later.

Individuals and companies in the UK or from states with trade agreements have the right to challenge decisions related to excluding a supplier from a procurement due to national security or other reasons. Any challenge would be brought as a claim before the High Court in London.

Yes, the Government is planning an extensive programme of training on the Act, details of which can be found here. This training is targeted at public sector and utilities buyers, but it is also envisaged that training will be provided for suppliers.

The Procurement Act received Royal Assent on 26 October 2023. The Government expects there to be a 6–12-month implementation period before the main substantive provision of the Act, including the rules on supplier exclusion and debarment, come into force. The Act therefore is likely to come into force mid-late 2024. As noted in response to earlier questions, the coming into force of the Act will not lead to any immediate ban on Chinese products. The Government would first need to exercise its power to exclude Dahua or other Chinese suppliers from certain categories of public contracts.

The Procurement Act will remain in force indefinitely.

The duty of contracting authorities to comply with the Procurement Act will be obligatory. Should a supplier receive mandatory exclusion on national security grounds the contracting authorities will have an obligation to exclude the supplier from relevant contracts. For discretionary exclusion of a supplier on national security grounds is concerned, where the supplier is not on the mandatory debarment list, contracting authorities will have to consider in each case whether an exclusion ground applies. Where the authority proposes to exclude a supplier on national security grounds, it must first consult the National Security Unit for Procurement which will advise on whether the supplier should be excluded.

There is no outright ban on using Chinese products under the Act. If a local authority were to award a contract to a supplier on the debarment list, there are no direct penalties, but they could face challenges from other bidders, leading potentially to having the procurement decision overturned and/or damages being awarded to the challengers. Local authorities may also suffer reputational harm and be subject to investigation by central Government. For suppliers not on the debarment list but causing national security concerns, authorities are not obligated to exclude them. Authorities will be required to seek advice from the National Security Unit for Procurement (NSUP) to decide on whether to exclude. Challenging such a decision is tough since it is based on discretion. Regarding individual risk, public officials, like procurement officers, should follow the law. Unlawful actions usually do not lead to personal liability but could result in disciplinary consequences. Personal liability typically occurs only in cases of malice, bad faith, or corrupt behaviour.

Before including a supplier on the debarment list, the Government must first carry out an investigation. The supplier must be notified of the investigation and given an opportunity to comment. The supplier might also be required to provide documents and give reasonable assistance to the investigation.