Regulated procurement | UK Regulatory Outlook May 2026

Lifting the automatic suspension: the new test under the UK Procurement Act 2023 

The first case decided under the Procurement Act 2023 on an application to lift the automatic suspension has confirmed that public interest now plays a central and potentially decisive role in the court's analysis. In ParkingEye Limited v Velindre University NHS Trust and Cardiff and Vale University Health Board, the court refused to lift the suspension despite finding that damages would be an adequate remedy for the claimant, giving proper weight to the public interest in ensuring that public contracts are awarded in accordance with the law.  

This marks a significant departure from the previous American Cyanamid approach under the Public Contracts Regulations 2015, under which a finding that damages were adequate would in practice have been decisive in favour of lifting. Contracting authorities and suppliers involved in procurement disputes should be aware that the two regimes will operate in parallel for some time, and that the outcome of the same factual scenario could differ significantly depending on which test applies. See our recent Insight for a full analysis of the decision. 

NHS modern slavery procurement regulations now in force 

As covered in our January edition, the National Health Service (Procurement, Slavery and Human Trafficking) Regulations 2025 came into force on 17 May 2026, introducing new obligations for public bodies procuring goods or services for the purposes of the NHS in England.  

From that date, in-scope bodies are required to complete a modern slavery risk assessment before advertising or awarding a contract, and to take reasonable and proportionate steps to address and, where practicable, eliminate any identified risks at each stage of the procurement and contract management process. The regulations apply to all procurement activity regardless of value, including procurements under the Procurement Act 2023 and the Health Care Services (Provider Selection Regime) Regulations 2023.