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Procurement Reform (Scotland) Act 2014

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Procurement Reform (Scotland) Act 2014. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. The Act

  3. Commentary on Sections

    1. Part 1: Key Concepts and Application

      1. Contracting authorities

        1. Section 1 – Contracting authorities

      2. Regulated procurements

        1. Section 2 – Regulated procurements

      3. Regulated contracts

        1. Section 3 – Regulated contracts

        2. Section 4 – Excluded contracts

        3. Section 5 – Estimated value of contract

      4. Framework agreements and dynamic purchasing systems

        1. Section 6 – Framework agreements and call-off contracts

        2. Section 7 – Dynamic purchasing systems

    2. Part 2: General Duties and Procurement Strategies

      1. General duties

        1. Section 8 – General duties

        2. Section 9 – Sustainable procurement duty

        3. Section 10 – Guidance on sustainable procurement duty

        4. Section 11 – Supported businesses

        5. Section 12 – Contracts for health or social care services

        6. Section 13 – Guidance on procurements for health or social care services

        7. Section 14 – Other circumstances in which contract can be awarded without competition

      2. Procurement strategy and annual report

        1. Section 15 – Procurement strategy

        2. Section 16 – Joint strategies

        3. Section 17 – Compliance with strategy

        4. Section 18 – Annual procurement reports

        5. Section 19 – Publication

        6. Section 20 – Guidance

        7. Section 21 – Annual report on procurement activity in Scotland

    3. Part 3: Specific Duties

      1. Publication of notices on Public Contracts website

        1. Section 22 – Public Contracts website

        2. Section 23 – Publication of contract notices and award notices

      2. Community benefit requirements

        1. Section 24 – Community benefit requirements

        2. Section 25 – Community benefit requirements in major contracts

        3. Section 26 – Guidance on community benefit requirements

      3. Selection of tenderers and award of contracts

        1. Section 27 – Exclusion of economic operators on grounds of criminal activity

        2. Section 28 – Selection of tenderers

        3. Section 29 – Guidance on selection of tenderers and award of contracts

      4. Technical specifications

        1. Section 30 – Technical specifications

      5. Charges for participation in procurement process

        1. Section 31 – Charges for participation in procurement process

      6. Giving of reasons

        1. Section 32 – Giving of reasons to unsuccessful participants

        2. Section 33 – Request for further information

        3. Section 34 – Withholding information

      7. Contracts register

        1. Section 35 – Contracts register

      8. Procurement of recycled and recyclable products

        1. Section 36 – Amendment of Climate Change (Scotland) Act 2009

    4. Part 4: Remedies

      1. Section 37 – Actionable duties

      2. Section 38 – Procedure and time limits

      3. Section 39 – Determination by the court

      4. Section 40 – Transfer of forum to First-tier Tribunal

    5. Part 5: General

      1. Interpretation

        1. Section 41 – The Directive, Public Contracts Regulations and EU-regulated procurements

        2. Section 42 – General interpretation

      2. Final provisions

        1. Section 43 – Ancillary provision

        2. Section 44 – Subordinate legislation

        3. Section 45 – Commencement

        4. Section 46 – Short title

  4. Parliamentary History

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

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