Articles Tagged with: local authority

Reducing Carbon Footprint: MyActive Biddulph’s Green Initiative

Reducing Carbon Footprint:

MyActive Biddulph’s Green Initiative

Sustainability works have completed at MyActive Biddulph on behalf of Staffordshire Moorlands District Council to install heat recovery and variable speed fans. The £176k project was delivered by leisure development specialists Alliance Leisure and Leisure Energy via the UK Leisure Framework. Funding was provided by the Swimming Pool Support Fund which has also invested £80 million into 442 swimming pools across the country since last year.

Gareth Liversedge, Business Development Manager, Alliance Leisure, says:

It’s unfortunate that valuable community assets like swimming pools emit a large share of the council’s carbon emissions, however, energy efficiency works such as these at Biddulph will reduce these substantially. We’re proud to have completed the works on-time and on-budget.

Sports Minister Stuart Andrew, said:

“We are sticking to our plan to get millions more people active by 2030, because we know that active people are fitter, happier and healthier. Millions of people swim every year in England, but increased energy costs mean some pools are struggling financially. This further £60 million of support from the Government and Sport England will ensure hundreds of swimming pools can lower their operating costs in the long run, and continue to provide an important service for communities across the country.”

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The New Procurement Act 2023

The New Procurement Act 2023:

A Transformative Shift in Public Procurement

John Leaver

Marketing & Frameworks Director

The landscape of public procurement in the UK is set to undergo a significant transformation with the introduction of the new Procurement Act, which will come into force on 24 February 2025. This landmark legislation represents the most substantial overhaul of procurement laws in over three decades, aiming to create a more efficient, transparent, and inclusive procurement system. However, after attending a number of procurement events in 2024, most recently at ProcureX in Wales, the consensus is that, whilst the new regulations will provide greater transparency and flexibility, not that much will change in the day-to-day.

Jump to key sections in this article

Background and Objectives ⏬

Key Changes and Benefits ⏬

National Variations ⏬

Implementation and Transition ⏬

Frameworks ⏬

Looking Ahead ⏬

Procuring Leisure Developments ⏬

Resources ⏬

Background and Objectives

The new Procurement Act consolidates various existing public procurement rules into a single, cohesive regime. Historically, the UK’s procurement framework has been heavily influenced by European Union regulations. However, with the UK’s departure from the EU, there is an opportunity to tailor procurement laws to better meet national priorities and objectives. The Act seeks to address several key issues, including the barriers faced by smaller businesses in accessing public contracts, the need for greater transparency, and the desire for a more flexible procurement process.

Key Changes and Benefits

One of the primary goals of the new Procurement Act is to simplify and streamline the procurement process. The Act introduces a more flexible approach to procurement, allowing contracting authorities to tailor their processes to better suit the specific needs of their projects. This flexibility is expected to lead to more innovative solutions and better value for money for taxpayers.

The Act also places a strong emphasis on transparency. By embedding transparency throughout the commercial lifecycle, the new regime aims to ensure that the spending of taxpayers’ money can be properly scrutinised. This includes requirements for greater disclosure of procurement decisions and the rationale behind them, as well as more robust mechanisms for challenging procurement outcomes.

Another significant change is the focus on opening up public procurement to new entrants, such as small businesses and social enterprises. The Act includes provisions designed to reduce the barriers that these organisations face when competing for public contracts. This is expected to increase competition and drive better outcomes for public sector projects.

The new Act will also introduce some changes regarding the assessment of tenders. The term “most economically advantageous tender” (MEAT) has been replaced with “most advantageous tender” (MAT). This change emphasizes that tenders do not have to be awarded based on the lowest price alone. Instead, contracting authorities can consider a wider range of factors, including quality, environmental and social factors, life cycle costs, and innovation. The Act allows contracting authorities to refine the award criteria in a competitive flexible procedure, which was not directly addressed in previous legislation

Additionally, while contracting authorities are not required to ask suppliers to explain abnormally low prices, they must investigate and provide suppliers with an opportunity to demonstrate their ability to perform the contract at the proposed price before disregarding a tender on that basis.

National Variations

Scotland

The Act’s provisions extend to Scotland, but its application is limited, resulting in dual regulation of public procurements in Scotland.

The Procurement Act 2023 will not apply to devolved Scottish authorities, which will continue to be governed by the Scottish Procurement Regulations. These regulations include the Public Contracts (Scotland) Regulations 2015, the Utilities Contracts (Scotland) Regulations 2016, and the Concession Contracts (Scotland) Regulations 2016

In practice, this means that the Scottish Government, its agencies, local authorities, Scottish public authorities (including those with mixed devolved and reserved functions but no cross-border functions), universities, colleges, and registered social landlords will continue to be regulated by the Scottish Procurement Regulations. However, UK Government bodies, UK-wide public bodies with cross-border functions, and Scottish public authorities with reserved functions only will be subject to the Procurement Act 2023 for procurements in Scotland.

Wales

There are specific Welsh considerations with the new Procurement Act 2023. The Welsh Government has issued guidance documents that outline the differences and specific requirements for procurement in Wales.

The new Act, along with the Procurement (Wales) Regulations 2024, regulates how Devolved Welsh Authorities (DWAs) procure contracts. Some key differences for Wales include:

Publication Requirements: DWAs are not required to publish public contracts or modified contracts valued over £5 million, except where a DWA awards a contract under a reserved (non-devolved) procurement arrangement, such as a framework awarded by Crown Commercial Services (CCS).
Policy Statements: DWAs must have regard to the Wales Procurement Policy Statement (WPPS) rather than the National Procurement Policy Statement (NPPS). In cases of cross-border collaboration, the applicable policy statement depends on the lead authority or centralised procurement authority.
Contract Award Notices: DWAs are not required to publish the names of unsuccessful suppliers in Contract Award Notices for contracts valued above £5 million, unless the contract was awarded under a reserved (non-devolved) procurement arrangement

These considerations ensure that procurement processes in Wales align with local policies and regulations, promoting transparency and efficiency while accommodating specific regional needs.

Northern Ireland

Finally, there are specific considerations for Northern Ireland within the new Procurement Act 2023. The Act includes exemptions and differences tailored to Northern Ireland’s procurement processes. For instance, the requirement to publish pipeline notices does not apply to a transferred Northern Ireland authority.

Additionally, the requirement to publish a copy of the contract along with the contract details notice does not apply to contracts awarded by a transferred Northern Ireland authority unless it is under a reserved procurement arrangement.

Similarly, the requirement to publish details of contract payments over £30,000 does not apply to public contracts awarded by a transferred Northern Ireland authority unless it is under a reserved procurement arrangement.

These considerations ensure that procurement processes in Northern Ireland align with local policies and regulations, promoting transparency and efficiency while accommodating specific regional needs.

Implementation and Transition

The implementation of the new Procurement Act has been carefully planned to ensure a smooth transition from the existing regime. The Act received Royal Assent in October 2023, and the accompanying Procurement Regulations 2024 have been debated and approved in both Houses of Parliament.

The new regime was initially scheduled to go live on 28 October 2024, but a short delay was announced to allow for the development of a new National Procurement Policy Statement (NPPS) aligned with the government’s strategic priorities.

The NPPS will play a crucial role in guiding the implementation of the new regime, setting out the government’s mission-led procurement strategy. This strategy aims to leverage the full potential of public procurement to deliver value for money, economic growth, and social value.

Frameworks

Frameworks will continue largely as before, but there will be some innovations to increase the flexibility of framework options. The Act refers to ‘frameworks’ rather than ‘framework agreements’, as in the previous legislation, but otherwise they are generally similar.

It also includes open frameworks, which did not previously exist, and which are more flexible than framework agreements under the previous legislation. Open frameworks provide an opportunity for new suppliers to join the framework at least twice during its term, which was not possible under the previous regulations. These changes aim to increase the flexibility and inclusivity of frameworks, making it easier for new suppliers to participate and for contracting authorities to manage their procurement processes more efficiently.

The Act will require contracting authorities to publish a contract award notice following the award of a call-off contract, which was not required under the previous legislation.

Looking Ahead

As the new Procurement Act comes into force, it is essential for both contracting authorities and suppliers to familiarise themselves with the changes and prepare for the new regime. The government has published extensive guidance and resources to support this transition, including factsheets, videos, and training programmes – see links below.

I see the introduction of the new Procurement Act as marking a significant milestone in the evolution of public procurement in the UK. By creating a simpler, more flexible, and transparent system, the Act aims to deliver better outcomes for public sector projects and ensure that taxpayers’ money is spent effectively and efficiently.

Procuring Leisure Developments

If you are looking at procurement routes for your next leisure development then it would be remiss of me not to highlight the UK Leisure Framework (UKLF). As the appointed development partner to the UKLF, Alliance Leisure have delivered more than 100 projects through the Framework, ranging from new build £30m+ projects and large refurbishments, through to minor remodelling works and outdoor pitches. The UKLF is available until 2028 and enables Alliance Leisure to be appointed directly for the scoping, design, refurbishment, construction and development of leisure centres, theatres, play facilities, recreation facilities and sports facilities across the UK public sector.

Find out more about the UK Leisure Framework

Resources

LGA Procurement Hub https://www.local.gov.uk/our-support/procurement-hub/transforming-public-procurement

Full Details from legislation.gov.uk https://www.legislation.gov.uk/ukpga/2023/54/contents

Government Guidance Documents https://www.gov.uk/government/collections/procurement-act-2023-guidance-documents

Procurement (Wales) Regulations 2024 Explainer https://senedd.wales/media/023ei5ko/sub-ld16524-em-e.pdf

A Framework Fit for Leisure

When it comes to the best procurement framework to choose, it isn’t the case that one size fits all. With the unique and specific demands of the leisure sector, a complete ‘delivery solution’, that is tailored for public leisure, better delivers the required outcomes of a project and ongoing operational success. The UK Leisure Framework provides exactly that solution. Owned by Denbighshire Leisure and delivered by Alliance Leisure, public leisure facilities are being transformed across the country.

So, how does this ‘leisure expertise’ provide benefits and support development success? The answer can be seen during all three phases of a project; before, during and after.

Before a project gets started when it is an aspiration waiting to take flight, analysis of the local demographic, competition, mystery shops and customer demand, provided by those that understand the market, are all essential to give key insight. Early engagement of leisure specialist consultant / architect / contractor / suppliers, all under a single appointment by the development partner, ensures joined up working from the different disciplines aimed towards a common goal. At this stage, the key outcomes are identified which reach further than purely commercial success, aiming for improved community health and wellbeing linked to strategic objectives of sector Governing Bodies. This understanding of the market and demographic intelligence informs the progression of the concept so the seed is sown to put the project on the right path.

A framework development partner, who has the capability to provide a public consultation platform and even facilitate the procurement of an operator, saves client time and resource whilst helping move the project forwards to achieve approval.

As design progresses, the experience of decades in delivering leisure schemes coupled with a constant research and development of leisure product innovation, provides unique expertise that ‘sprinkles the stardust’ on design to create exciting and engaging facilities that drive repeat user visits, time after time (for example, White Oak Leisure Centre). The assembled project team, bringing together industry specialists under the framework umbrella, keep ‘buildability’ at the heart within the defined budget envelope by early contractor engagement

Portfolio

Take a look at our portfolio of developments that cover everything from refurbishments to new builds

The interface between the main construction and the customer end-point is key, and this link can be overlooked without a team who have a background in leisure enabling a unique understanding of the requirements from the operator and users. As an example, when developing a Soft Play facility within a new leisure centre, it is one thing to construct the space and then install the play structure, but key consideration needs to be given to; access control for the space, customer journey, avoiding ‘pinch points’ in customer flow, parental viewing, food and beverage link, features to encourage repeat visits, secondary spend opportunities and so on. This type of analysis applies to all areas.

Constructing a building is not a unique skill but creating a place that reaches out and engages with the wider community, is.

During project delivery, an understanding of the need to keep a leisure operation ‘live’ is often crucial, and a delivery team with a leisure operational background can work through solutions to ensure continuity of service for members of the public (as was the case with our development at Haverhill Leisure Centre). An appreciation of the key service elements that must remain open feeds into construction phasing plans, programming and temporary spaces where necessary. An effective development partner works in the space between the principle contractor and client, adding value throughout the process with an understanding of the nuances of sector. Delivered by a dependable team that are genuinely there every step of the way, from concept to completion, gives continuity to the client throughout the journey with a solution-focussed group working in collaboration.

After the new facility has been delivered, the operational outcomes take priority (commercial, environmental, social) and a true development partner will be able to offer a bespoke support package, based on experience in working with leisure operators across the country, to help achieve and exceed targets.

Providing firm costs and mitigating risk, whilst delivering value for money and social benefits, should all be a given from a robust framework delivery partner. Industry specific expertise though, is the difference in delivering a project fit for the future.

Our Top 4 Takeaways:

Early engagement with all partners and suppliers ensures a joined up working from the different disciplines aimed towards a common goal
A leisure specialist development partner adds value throughout the process with a unique understanding of the nuances of the sector.
An understanding of the need to keep a leisure operation ‘live’ is crucial
A true development partner will be able to offer a bespoke support package to help achieve and exceed targets

About the author:

Tom Fairey is Development Director at Alliance Leisure and has been with the company since 2011.

Meet the rest of the team on the link below or head over to LinkedIn to connect with Tom.

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