English councils can reserve small tenders to local firms
“These may be lower‑value contracts, but they matter enormously.” With that message to peers in January, ministers cleared the way for a new rule now in force: from 4 February 2026, English authorities can reserve some modest procurements for UK‑based companies or for suppliers in a defined local area. (hansard.parliament.uk)
The change arrives via the Local Government (Exclusion of Non‑commercial Considerations) (England) Order 2026. It disapplies the long‑standing ban in section 17(5)(e) of the Local Government Act 1988-only for below‑threshold contracts and only where an authority decides, upfront, to run a UK‑only or local‑area competition. The policy is optional, not mandatory. (legislation.gov.uk)
For readers keeping score, “below‑threshold” here means procurements under the main thresholds in the Procurement Act 2023. When those competitions are advertised and worth at least £30,000 (including VAT) for local authorities, they become “notifiable below‑threshold contracts” and must carry a below‑threshold tender notice on the central platform. Central government has a lower £12,000 bar. (legislation.gov.uk)
What counts as the “local area”? Councils can set it as their own district or the whole county they sit within, and they can extend it to any bordering counties or London boroughs. Joint procurements by two or more authorities can use the combined footprint-and again include neighbouring counties. That flexibility was a key ask from councils. (gov.uk)
To take part, a bidder must be “based within” the area-practically, that means the firm is based or has substantive business operations there. Ownership is irrelevant, so foreign‑owned companies with real premises in, say, Tyne and Wear count as local for a Tyne and Wear reservation. (gov.uk)
Authorities can pair the area rule with existing options to limit competitions to SMEs or VCSEs, where that’s justified. Done well, that lets councils back smaller Northern firms while staying within procurement law’s value‑for‑money guardrails. (gov.uk)
There’s admin to fix quickly. If a council uses the rule on a notifiable below‑threshold contract, the below‑threshold tender notice must explicitly say whether it’s UK‑only or local‑area-naming the areas included. The Procurement Regulations 2024 have been tweaked so notices capture this. Expect to see it in the “conditions of participation” field. (legislation.gov.uk)
Ministers told Parliament the stakes are real: between February and November 2025 these smaller contracts added up to more than £1bn of spend and almost two‑thirds of sub‑central awards. In short, this is the everyday work that keeps our high streets trading and local services moving. (hansard.parliament.uk)
There are guardrails. Councils still can’t use procurement to pursue political boycotts or to target specific countries. Nor can they set a “local area” as the whole of England; reservations must be genuinely local or UK‑wide as defined in the order. Fair competition and transparency still apply. (hansard.parliament.uk)
For Northern buyers, this opens practical routes: a highways patching lot kept to the county footprint where response times matter; a parks contract reserved to a cluster of bordering counties to widen the field but keep travel sensible; or a social value‑rich service limited to local SMEs. The choice sits with the authority-case by case. (gov.uk)
SMEs should get their house in order now: evidence a local base, keep Companies House and websites updated, and watch for new below‑threshold tender notices signalling UK‑only or a named local area. If you qualify, say so in your bid and be ready to show on‑the‑ground operations.
One final note from the small print: the government says the instrument has no impact on business costs. In practice, it should re‑route opportunity to firms with roots in places like West Yorkshire, Greater Manchester, the North East and Cumbria-if councils choose to use it, and if bidders are ready. (legislation.gov.uk)