RESTRICTED  
  
GPA/ACC/GBR/19  
 
8 October 2018  
(18-6206) Page: 1/9 
Committee on Government Procurement  Original: English  
 
ACCESSION OF THE UNI TED KINGDOM TO THE A GREEMENT ON GOVERNME NT 
PROCUREMENT IN ITS O WN RIGHT  
The following document from the United Kingdom, dated 5 October 2018, is being circulated at the 
request of the Delegation of the European Union.  
 
_______________  
REPLIES FROM THE UNI TED KINGDOM TO FURTHER QUESTIONS  (GPA/ACC/GBR/12)  
FROM NEW ZEALAND1 (BASED ON UK DOCUMEN TS GPA/ACC/GBR/2, GP A/ACC/GBR/1)  
1  UNITED KINGDOM'S REP LIES TO THE CHECKLIS T OF ISSUES (GPA/ACC /GBR/2)  
1.1  Legal Framework  
1.1.  Section 1.1: The UK response to  the checklist of issues refers to six sets of 
regulations – those covering public contracts, utilities contracts, concession contracts and 
review procedures. In reply to New Zealand's initial set of questions, these six sets of 
regulations were described as the "primary domestic source" of the UK's public 
procurement law. Can the UK confirm that between these six sets of regulations and the 
additional eleven other laws and regulations listed in Section 1.2 of Doc GPA/ACC/GBR/2, 
these constitute the full un iverse of regulation governing government procurement in the 
UK? How do these six sets of regulations (which appear focused on public contracts, 
utilities contracts and concessions,) provide for the review procedures under the relevant 
EU directives?  
We co nfirm the six sets of regulations and the additional other laws and regulations listed and 
referred to in Section 1.2 of the Checklist of Issues (GPA/ACC/GBR/2) constitute the full universe of 
regulation governing government procurement in the UK.   
 
Each o f the six sets of regulations contain a section relating to remedies which provides for the 
review procedures under the relevant EU Directives.  
 
1.2.  Section 1.1: The UK has indicated in its answers to New Zealand's initial set of 
questions that "secondary legi slation will be made at the appropriate time  to make the 
necessary corrections to the six sets of regulations relating to public procurement." Could 
the UK please provide more information on this planned timing and the extent of 
"corrections" the UK plans to put in place to these regulations, so GPA Members will be in 
a position to evaluate the full suite of the UK's planned regulations on government 
procurement.  
Secondary legislation will be made on the UK 's exit from the EU or at the end of the Implementa tion 
Period in the event a Withdraw al Agreement is agreed between the UK and the EU.  Draft legislation 
will be laid before the UK parliament or the Scottish parliament (as appropriate) for approval in 
accordance with the relevant parliamentary procedures. At the point at which the draft legislation is 
laid before the relevant parliament, it will be available to GPA Parties . 
 
                                                
1 The initial set of questions from New Zealand on the accession of the United Kingdom in its own right 
was circulated informally.  GPA/ACC/GBR/19  
 
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  The amendments to be made to primary legislation by this secondary legislation are restricted to 
those within the temporary powers set  out in the European Union (Withdrawal) Act 2018.  This power 
allows for the corrections to be made to laws that would otherwise no longer operate appropriately 
once the UK leaves the EU. The Explanatory Notes to the European Union (Withdrawal) Act 2018 
provide a more detailed explanation of the Act, including this power, and can be found here:  
http://www.legislation.gov.uk/ukpga/2018/16/pdfs/ukpgaen_20180016_en.pdf  
 
1.3.  Section 1.2: The question requests an explanation of the main differences between 
the application of these other laws, regulations and policy instruments at the central and 
sub-central level and for other types of procuring entities. While this has been answ ered 
for some of the other laws and regulations cited, this is not clear in the case of the first 
four laws cited in the "other laws – general" category; nor the "other laws – sector 
specific" category. We would appreciate it if the UK could please provide  this information.  
The Public Services (Social Value) Act 2012 applies to central and sub -central authorities which are 
contracting authorities to which Part 2 of the Public Contracts Regulations 2015 apply.  The Act does 
not extend to Scotland (as the Publ ic Contracts Regulations 2015 do not extent to Scotland) and it 
does not apply to contracting authorities whose functions are wholly or mainly Welsh devolved 
functions. The Act applies only where a contracting authority proposes to procure a contract for t he 
provision of services (or the provision of services together with the purchase or hire of goods or the 
carrying out of works).  
 
The Procurement Reform (Scotland) Act 2014 and the Procurement (Scotland) Regulations 2016 
apply to central and sub -central a uthorities which are contracting authorities under the Public 
Contracts (Scotland) Regulations 2015 and whose functions are exercisable in or as regards 
Scotland.  The Act and the Regulations apply to procurements for public contracts for the provision 
of works, services or supplies for procurements above the relevant thresholds set out in the Act and 
the Regulations.  
 
The public sector equality duty under the Equality Act 2010 applies to all central and sub -central 
authorities in England, Wales and Scotlan d carrying out public functions.  The duty does not apply to 
public bodies in Northern Ireland, which are subject to a similar duty under Section 75 of the 
Northern Ireland Act 1998.  The Equality Act 2010 (Specific Duties) (Scotland) Amendment 
Regulations 2 012 applies to central and sub -central authorities which are contracting authorities 
under the Public Contracts (Scotland) Regulations 2015.  
 
Section 39 of the Small Business Enterprise and Employment Act 2015 applies to central and sub -
central authorities  which are contracting auth orities under the Public Contracts Regulations 2015. 
This section does not apply to devolved Welsh authorities or authorities whose functions are wholly 
or mainly Scottish devolved functions or Northern Ireland devolved functions . 
 
Article 6 of the Energy Efficiency Directive applies only to central government authorities.  
 
The laws in the UK which apply to defence and national security procurement (The Defence and 
Security Public Contracts Regulations 2011) apply to central and s ub-central authorities which are 
contracting authorities under the Public Contracts Regulations 2015 or the Public Contracts 
(Scotland) Regulations 2015 or utilities under the Utilities Contracts Regulations 2016 or the Utilities 
Contracts (Scotland) Regul ations 2016.  
 
The laws in the UK which apply to health services procurement (The National Health Service 
(Procurement, Patient Choice and Competition) (No. 2) Regulations 2013) apply to the National 
Health Service Commissioning Board and Clinical Commissio ning Groups.  
 
Section 89 of the Transport Act 1985 applies to any central or sub -central authority responsible for 
expenditure on public passenger transport services.  
 GPA/ACC/GBR/19  
 
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  1.4.  Section 1.2: The paragraph on the Procurement Reform (Scotland) Act 2014 and the 
Procure ment (Scotland) Regulations 2016 refer to the possibility of imposition of 
"community benefit requirements". We would be grateful for an explanation of what kind 
of "community benefit requirements" would be imposed under these laws and 
regulations.  
The Scottish Government has published Guidance on the Procurement Reform (Scotland) Act 2014, 
which contains a chapter on community benefit requirements in public procurement.  This guidance 
is available here: https://www.gov.scot/publications/2016/03/8410 . 
 
1.5.  Section 1.2: The paragraphs on the Public Services (Social Value) Act 2015 and 
Procurement Reform (Scotland) Act 2014 refer to considering economic, social and 
environmental wellbeing of an area and how contracting authorities might act to secure 
that improvement. Can the UK explain how it ensures that the effect of such 
considerations do not amount to offsets or have a discriminatory effect on international 
suppliers? Can the UK provide any s pecific guidance it has issued?  
Any economic, social and environmental considerations are subject to the domestic legal 
requirements of non -discrimination, equal treatment and transparency.  Tenders from suppliers from 
another GPA country would always be treate d equally to tenders from the UK, in compliance with 
these legal requirements and consistent with GPA non -discrimination principles.  
 
The UK Government has published Procurement Policy Note 09/16 Procuring for Growth Balanced 
Scorecard provides guidance fo r central government departments, their executive agencies and non -
departmental public bodies for high value construction, infrastructure and capital investment 
procurements.  The UK Government has also published The Public Contracts Regulations 2015: 
Guida nce on Social and Environmental Aspects. These are available here:  
 
• https://www.gov.uk/government/publications/procurement -policy-note-0916-procuring -
for-growth -balanced -scorecard ; 
• https://assets.publishing.service.gov.u k/government/uploads/system/uploads/attachme
nt_data/file/558032/20160912socialenvironmentalguidancefinal.pdf . 
1.6.  Section 1.2: The paragraph on section 135 of the Local Government Act 1972 refers 
to local authorities being required to make their own standing o rders. How does the UK 
ensure that these orders are compliant with the Regulations and the provisions of the 
GPA?  
Local authorities are required to comply with all relevant laws (including laws relating to public 
procurement) in making their own standing o rders.  If any provisions within standing orders were 
not compliant with UK laws, these provisions would be unlawful. Judicial review provides the legal 
mechanism through which the lawfulness of decisions or actions of public authorities (including local 
authorities) can be reviewed.  
 
1.2  Scope and Coverage  
1.7.  Section 2.1: In its response to New Zealand's initial set of questions asking about 
the mechanisms the UK has in place to ensure that procurements administered by the 
devolved administrations of Scotland, Wales and Northern Ireland are consistent with 
international commitments under the GPA, the UK has advised that it has in place "agreed 
international relations concordats" between the UK Government and the devolved 
administrations regarding the implementat ion of international obligations. We would be 
grateful for a further explanation from the UK as to which agencies are responsible for 
overseeing compliance with these requirements, as well as how compliance is monitored 
on an on -going basis, e.g. with resp ect to the conduct of individual procurements.  
The Minister for the Cabinet Office has overall responsibility for the UK constitutional settlement 
between the UK Government and the devolved administrations of Scotland, Wales and Northern 
Ireland.  The Secre tary of State for Foreign and Commonwealth Affairs is responsible for the 
Concordat on International Relations.  GPA/ACC/GBR/19  
 
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  The UK Government legislates in respect of public procurement matters on behalf of the devolved 
administrations  of Wales and Northern Ireland w hereas Scotland has made its own legislation.  
Therefore, compliance of public procurement legislation with GPA obligations sits with the UK 
Government (with respect to England, Wales and Northern Ireland) and the Scottish Government 
(with respect to Scotla nd). Compliance of individual public procurement procedures with that 
legislation is subject to the domestic review procedures referred to in Section 7 of the Checklist of 
Issues (GPA/ACC/GBR/2).  
 
1.8.  Section 2.1: In relation to these "agreed international rel ations concordats", can the 
UK explain their roles and powers, as well as any review procedures that apply to the 
exercise of powers or duties under the concordats?  
The Memorandum of Understanding between the UK government and the devolved administrations 
in Scotland, Wales and Northern Ireland includes the concordat on international relations. The 
Memorandum of Understanding is available here:  
https://www.gov.uk/government/publications/devolution -memorandum -of-understanding -and-
supplementary -agreement . 
 
1.9.  Section 2.2: The question requests the provision of a list of all central government 
entities (ministries, departments, agencies etc .) procuring goods, services and 
construction services. We appreciate the draft updated list of central government entities 
and the document explaining this draft updated list circulated by the UK on 26 July. We 
have a number of questions regarding the exp lanatory document, including:  
a. on item 28.7, we request further information on what has happened to the 
functions concerning children and families previously undertaken by the 
Department for Children, Schools and Families?  
The United Kingdom 's Mission to the WTO has provided additional information to delegates 
on this subject and will provide further supplementary information shortly in order to assist 
Parties  with analysis of the offer.  
 
b. item 28.10.4 advises that the functions of the Cattle B reeding Centre have been 
effectively privatised. We would appreciate further evidence of the elimination 
of government control or influence over the procurement of this entity or its 
private sector successor;  
The United Kingdom 's Mission to the WTO has pro vided additional information to delegates 
on this subject and will provide further supplementary information shortly in order to assist 
Parties  with analysis of the offer.  
 
c. on item 28.17, we request further information on which agency is responsible 
for th e functions concerning universities previously undertaken by the 
Department for Innovation, Universities and Skills, including any such functions 
which might have been devolved to individual universities;  
The United Kingdom 's Mission to the WTO has provide d additional information to delegates 
on this subject and will provide further supplementary information shortly in order to assist 
Parties  with analysis of the offer.  
 
d. on item 28.25.7, we request further clarification as to the coverage in respect of 
Wale s of the entity "Her Majesty's Courts and Tribunals Service" which is 
proposed to be added as a substitute for "HMCS Regions, Crown, County and 
Combined Courts – England and Wales";  
The United Kingdom 's Mission to the WTO has provided additional informatio n to delegates 
on this subject and will provide further supplementary information shortly in order to assist 
Parties  with analysis of the offer.  
 GPA/ACC/GBR/19  
 
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  e. on item 28.25.14, we request further clarification of which agency now has 
responsibility for these Social Sec urity Commissioners'  functions in Wales;  
The United Kingdom 's Mission to the WTO has provided additional information to delegates 
on this subject and will provide further supplementary information shortly in order to assist 
Parties  with analysis of the off er. 
 
f. item 28.48 advises that the postal business functions of the Post Office have 
been reconstituted as an SOE (and listed under Annex 2), with some functions 
effectively privatised. We would appreciate provision of further evidence of the 
elimination of government control or influence over the procurement of these 
entities, as well as an explanation of the differences between the level of market 
access commitment encompassed in Annex 2, compared to Annex 1.  
The United Kingdom 's Mission to the WTO has prov ided additional information to delegates 
on this subject and will provide further supplementary information shortly in order to assist 
Parties  with analysis of the offer.  
 
1.10.   Section 2.2: At the same time, this 26 July list indicates that it "should not be ta ken 
as an update to the list or as a final version" and that it is "subject to further due 
diligence". We would appreciate advice as to when GPA Committee Members will receive 
a finalised version of this updated list of Central Government Entities for Anne x 1. 
For the purposes of the UK 's accession to the GPA, the UK is using the same list as the one currently 
contained in the EU schedule.  This provides continuity with respect to coverage prior to the UK 
leaving the EU, with the footnote to the Annex 1 list  providing continuity of coverage with regard to 
entities to which functions have transferred from the listed entities. The UK will use the Article XIX 
process once the UK has acceded to the GPA as an independent party and the UK 's schedules apply, 
to upda te the list of central government entities in Annex 1.  
 
1.11.   Section 2.2: The UK's response to NZ's initial set of questions explained that 
"central government contracting authorities" are a subset of what are considered "central 
government entities". Does Sche dule 1 of the PCR 2015 and PCSR 2015 represent an 
exhaustive list of "central government contracting authorities"? How does the UK 
determine which entities are included in these Schedules?  
Schedule 1 of the Public Contracts Regulations 2015 represents a li st of those bodies which are 
treated as "central government authorities " (in addition to the Crown and any successor entities) for 
the purposes of these Regulations.  Schedule 1 of the Public Contracts (Scotland) Regulations 2015 
represents a list of those bodies which are treated as "central government authorities " (in addition 
to successor entities) for the pur poses of these Regulations.  
 
1.12.   Section 2.4: This question as ks which enterprises owned or controlled by the 
government are subject to the rules on government procurement and which other entities 
or categories of entities owned or controlled by the government engage in procurement. 
In its reply, the UK notes that it s draft schedule of commitments provides "an indication" 
of the types of bodies "covered by the UK's GPA offer". We would appreciate provision of 
a full answer to this question.  
Enterprises owned or controlled by the government that are subject to the rule s on government 
procurement are those which are:  
 
• part of the Crown;  
• listed in Schedule 1 to  the Public Contracts Regulations 2015 or Schedule 1 to the Public 
Contracts (Scotland) Regulations 2015 or successors to those listed entities;  
• a "body governed by  public law " as defined in the Public Contracts Regulations 2015 and 
the Public Contracts (Scotland) Regulations 2015; or  GPA/ACC/GBR/19  
 
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  • utilities whose procurement is covered by the Utilities Contracts Regulations 2016 and the 
Utilities Contracts (Scotland) Regulations 2016 which are contracting authorities or public 
undertakings.  
1.13.   Section 2.5: The second part of this question asks for a list of procuring entities not 
subject to the main procurement law and an indication of which laws and regulations 
these entities are su bject to. This does not appear to have been provided. We would 
appreciate it if the UK would please provide this list and the requested advice on which 
laws and regulations these entities are subject to.  
There are no government owned or controlled procurin g entities which are not subject to the main 
procurement law.  The UK has no applicable laws outside of the main procurement law other than 
those referred to in the Checklist of Issues (GPA/ACC/GBR/2).  
 
1.14.   Section 2.6: Paragraph 10 refers to public works, serv ices and supplies contracts 
and concessions awarded by a utility or group of utilities in certain circumstances as being 
a general exclusion from the application of UK laws relating to public procurement. Could 
the UK please advise the specific situations in which this exclusion would arise and advise 
the approximate value of procurement covered by this exclusion?  
This exclusion would arise in two circumstances:  
 
• Procurement by procuring entities covered by Annex 3 is not covered for the provision of 
suppli es or services by an entity to an affiliated undertaking or by a joint venture, formed 
of procuring entities for the purpose of carrying out activities covered by Annex 3, to an 
undertaking which is affiliated with one of these procuring entities, where th e undertaking 
has derived at least  80 per cent of its average turnover for the preceding three years from 
the provision of such services or supplies to undertakings with which it is affiliated.  
Appropriate rules protect against distortions of competition, in particular maximum limits 
within which undertakings may obtain a part of their turnover from the market and above 
which they would lose the possibility of being awarded contracts without open competition.  
• Procurement by procuring entities covered by An nex 3 is not covered where the 
procurement is by a joint venture, formed exclusively by a number of procuring entities 
for the purposes of carrying out activities covered by Annex 3, to one of these procuring 
entities or by a procuring entity to such a joi nt venture of which it forms part, subject to 
certain caveats.  Appropriate rules protect against distortions of competition, in particular 
maximum limits within which undertakings may obtain a part of their turnover from the 
market and above which they wou ld lose the possibility of being awarded contracts without 
open competition.  
1.3  Non-Discrimination  
1.15.   Sections 3.2 and 3.5: These questions ask for details on any provisions in legislation 
that accord domestic goods, services and suppliers treatment more favourable than 
foreign goods, services or suppliers or that discriminate between different countries of 
supply; as well as asking for information on any provisions requiring or allowing the use 
of offsets or measures with similar effect. In response to Ne w Zealand's initial questions, 
the UK has provided information about the provisions under the Utilities Contracts 
Regulations 2016 and the Utilities Contracts (Scotland) Regulations 2016 which permit 
contracting entities to reject a tender where the propor tion of the products originating in 
third countries exceeds 50% of the total value of products constituting the tender. Can 
the UK please confirm that these are the only such provisions in UK procurement 
legislation or regulations that contain provisions r elevant to the questions above 
concerning more favourable treatment to domestic suppliers or to different supplier 
countries?  
As referred to in our previous response, the provisions referred to do not apply to procurements 
covered by the UK 's GPA offer and  therefore do not impact on commitments made under the GPA to 
GPA Parties . We confirm there are no other such provisions.  
 GPA/ACC/GBR/19  
 
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  1.4  Elements Specific to Procurement Procedures  
1.16.   Section 5.10: Can the UK explain how environmental and social aspects are 
assessed and li st any specific guidance it has issued? Can the UK explain the review and 
auditing processes it implements to ensure criteria relating to environmental and social 
aspects are applied so that they do not create obstacles to trade?  
UK law requires the award of public contracts to be on the basis of the most economically 
advantageous tender which can include assessment on the basis of criteria such as qualitative, 
environmental and/or social aspects.  
 
All award criteria must be linked to the subject -matter of the contract, i.e. they must relate to the 
works, supplies or services to be provided under the contract in any respect and at any stage of 
their lifecycle. Award criteria must not have the effect of conferring an unrestricted freedom of choice 
on the publ ic authority, must ensure the possibility of effective competition and must be 
accompanied by specifications that allow the information provided by tenderers to be effectively 
verified in order to assess how well the tenders meet the award criteria.  
 
Please see our response to your question on Section 1.2 above for details of guidance provided by 
the UK Government in this area.  
 
Tenders from suppliers from another GPA country would always be treated equally to tenders from 
the UK, in compliance with the leg al requirements of non -discrimination and equal treatment in the 
Public Contracts Regulations 2015 and consistent with GPA non -discrimination principles. In this 
way, environmental and social aspects do not create obstacles to trade.  
 
1.5  Provision of Informat ion 
1.17.   Sections 6.2, 6.4 and 6.5: These sections cover the publication requirements under 
the GPA in respect of notices of intended procurement, multi -use lists of suppliers and 
contract award notices. In response to New Zealand's initial set of questions abo ut the 
means by which the UK would meet these requirements once it no longer has access to 
the Official Journal of the European Union and its electronic platform, the UK has indicated 
that it intends to amend references in its domestic legislation to incor porate a 
"replacement suitable platform" at some stage in the future. We would appreciate advice 
on the specific plans the UK has in respect of a "replacement platform", including how it 
intends to provide for wide dissemination and ready public accessibil ity of procurement 
information via this platform, as well as the timetable for having this operational.  
Development of a suitable replacement for the OJEU/ Tenders Electronic Daily (TED) is well underway 
with a supplier already in place. Work on engagement  with OJEU/TED users in the UK and other key 
stakeholders has commenced in readiness for 29 March 2019.  It is possible that the new system will 
not be required until the end of the implementation period in circumstances where a Withdrawal 
Agreement is agre ed between the EU and the UK.  
 
The UK government published guidance on accessing public sector contracts in the event no 
Withdrawal Agreement is agreed between the UK and EU, which provides further details and is 
available here:  
https://www.gov.uk/government/publications/accessing -public -sector -contracts -if-theres -no-
brexit -deal/acc essing -public -sector -contracts -if-theres -no-brexit -deal. 
 
1.6  Domestic Review Procedures  
1.18.   Section 7.3 (f): This question also asks for available information on time -periods 
for final decisions arising from the domestic review process. We did not see any 
informa tion on this point in the UK's response and would appreciate a response on this 
aspect.  
UK domestic law does not provide for time periods for final decisions arising from the domestic 
review process.  
 GPA/ACC/GBR/19  
 
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  2  UNITED KINGDOM'S DRA FT MARKET ACCESS OFF ER (GPA/ACC/GBR/1)  
2.1  Annex 1  - Central Government Entities  
2.1.  Paragraph 1.1: The UK's draft offer indicates that the goods, services, suppliers and 
service providers of the EU and of Liechtenstein, Switzerland, Iceland, Norway and the 
Netherlands with respect to A ruba, will be treated differently to the goods, services, 
suppliers and service providers of other GPA member states. What is the UK's justification 
for this?  
This approach completely replicates the current commitment made by the UK under the EU 's 
schedule.  The UK's aim is to provide continuity in its trading relationships as we leave the EU. This 
means for the GPA that we are replicating our current commitments as set out in the EU schedule 
of commitments.  
 
2.2.  Paragraph 1.2 and footnote 1: As indicate d in New Zealand's initial set of questions, 
we have concerns about the degree of clarity and transparency afforded by the approach 
the UK has taken to scheduling its commitments under Annex 1. For the group of GPA 
Members listed in paragraph 1.2 of Annex 1, the list of Central Government entities 
outlined in this Annex is intended as exhaustive (rather than "indicative", as is the case 
for the GPA Members in paragraph 1.1 of Annex  1). This means it is particularly important 
that the extent of this entity c overage is clear and transparent. While the further 
information provided by the UK on 26 July, including the explanatory table referred to 
above, is useful to help members understand the modifications which have taken place in 
the functions and nomenclatur e of some of these entities, this is no substitute for a clear 
expression of the UK's commitments in its Annex 1 schedule. We request, therefore, that 
the UK provide a full and up -to-date list of the central government entity coverage offered 
under para. 1 .2 of Annex 1, as part of the next iteration of its proposed market access 
offer provided to GPA members.  
We have heard the request from Parties  to provide updated lists of entities for Annexes 1 – 3 in the 
UK's draft GPA schedule. To address these concern s, the UK intends to update the lists of entities in 
its annexes shortly after it becomes an independent party. The UK will commence an Article XIX 
process shortly after becoming an independent party to the GPA and i ts schedules become effective.  
 
2.2  Annex 2 - Sub-Central Government Entities  
2.3.  Paragraphs 1 and 2 and notes to Annex 2. The UK's answer to New Zealand's initial 
questions on Annex 2 advises that the list provided at Annex 7 of the UK's proposed 
market access offer is intended to "replicate the curren t classification of bodies in the UK 
applying the NUTS regulation". Can the UK please confirm that the list provided at Annex 
7 is intended as a full and complete listing of all sub -central government entities on which 
it plans to offer commitments under A nnex 2? We would also appreciate advice on the 
analysis the UK itself has undertaken in support of the proposals it has made in the notes 
to Annex 2 which would deny the benefits of some or all of the UK's proposed 
commitments under Annex 2 to certain GPA members.  
We confirm this list represents all Territorial Units in the UK that were provided under the NUTS 
Regulation 1059/2003. These Territorial Units have been determined by the UK Office for National 
Statistics and are available here:  
https://www.ons.gov.uk/methodology/geography/ukgeographies/eurostat . 
 GPA/ACC/GBR/19  
 
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  2.4.  Paragraphs 1 and 2 and notes to Annex 2. Further to the above question, we would 
appreciate clarification from the UK on the extent to which procurement by entities such 
as hospitals and schools would be undertaken by an Annex 1 entity, such as the 
"Department of Education" and the "Health Boards" and "Special Health Boards" listed in 
the explanatory table provided by the  UK on 26 July or would fall to entities under Annex 
2, such as the regional or local contracting bodies or contracting bodies "governed by 
public law"? Could the UK please provide information on the relative distribution of such 
procurement expenditure be tween Annex 1 and Annex 2 entities?  
Central procurement for hospitals and schools, such as setting up framework agreements or 
centralised purchasing arrangements, may be undertaken by Annex 1 entities whereas local 
procurement would be u ndertaken by Annex 2 entities.  
 
2.3  Annex 3 - Other Entities  
2.5.  Paragraph 1 and note 1: We would appreciate a detailed explanation from the UK as 
to how it would intend to determine whether an activity covered under paragraph 1 (and 
listed in paragraph  2) was "exposed to competitiv e forces in the market" and thus not 
covered by its proposed commitments under Annex 3.  
The UK has implemented decisions made by the European Commission regarding competitive forces 
in the Public Contracts Regulations 2016 (Regulation 34) and the Public Co ntracts (Scotland) 
Regulations 2016 (Regulation 32).  These provisions will be preserved in UK domestic law under the 
European Union (Withdrawal) Act 2018 as the UK leaves the EU.  It is possible that this preservation 
may not take effect until the end of th e implementation period in circumstances where a Withdrawal 
Agreement is agreed between the EU and the UK. The UK is currently considering its approach to 
the mechanism for determining whether entities are exposed to competitive forces once the UK 
leaves t he UK and we will update GPA Parties  on this as soon as we are able to. In the meantime, 
we confirm that any future UK determinations of competitive forces w ill be fully subject to Article  XIX. 
 
2.6.  Paragraphs 1 and 2 and notes 6 (b -r), 7 and 8. We would appre ciate advice on the 
analysis the UK itself has undertaken in support of the proposals it has made in the notes 
to Annex 3 which would deny the benefits of some or all of the UK's proposed 
commitments under this Annex to certain GPA members.  
The UK's aim is  to provide continuity in its trading relationships as we leave the EU. This means for 
the GPA that we are replicating our current commitments as set out in the EU schedule of 
commitments. The UK has not undertaken analysis on the notes to Annex 3 as these  are a 
continuation of current commitments.  
 
2.4  Annex 5 - Services  
2.7.  Annex 5: We note the services sectoral coverage in the UK's proposed Annex 5 takes 
the form of a positive list approach and is quite limited in its coverage. For example, there 
are large sectors contained in the Services Sectoral Classification List (Doc 
MTN.GNS/W/120), such as distribution, education, environmental, health -related and 
social services and tourism services, that are either barely covered or not covered at all 
under the UK's  offer. What is the UK's reason for adopting this narrow, positive list, 
approach to the coverage of its proposed services commitments under the GPA?  
The UK's aim is to provide continuity in its trading relationships as we leave the EU. This means for 
the GPA that we are replicating our current commitments as set out in the EU schedule of 
commitments. That said, the UK market access offer – including the pos itive list approach on 
services  – is a strong one and is individually one of the largest of any count ries in the GPA.  
 
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