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Procurement Reform (Scotland) Act 2014

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This is the original version (as it was originally enacted).

Interpretation

41The Directive, Public Contracts Regulations and EU-regulated procurements

(1)In this Act—

(a)“the Directive” means Directive 2004/18/EC of the European Parliament and of the Council,

(b)“the Public Contracts Regulations” means the Public Contracts (Scotland) Regulations 2012 (S.S.I. 2012/88), and

(c)an “EU-regulated procurement” is a regulated procurement to which the Public Contracts Regulations apply by virtue of regulation 5(1).

(2)The Scottish Ministers may by order—

(a)amend the definition of “the Directive” so as to substitute for the Directive for the time being specified there such successor Directive as they consider appropriate,

(b)amend the definition of “the Public Contracts Regulations” so as to substitute for the regulations for the time being specified there such other instrument as they consider appropriate.

(3)An order under subsection (2) may make such consequential modifications to subsection (1) and any other provision of this Act as the Scottish Ministers consider appropriate.

42General interpretation

(1)In this Act—

  • “award notice” has the meaning given in section 23(6),

  • “community benefit requirement” has the meaning given in section 24,

  • “contract notice” has the meaning given in section 23(6),

  • “contracting authority” has the meaning given in section 1,

  • “economic operator” means any person who offers the execution of works, the supply of products or the provision of services on the market,

  • “financial year” means the period of 12 months in respect of which the accounts of the contracting authority in question are prepared,

  • “public contract” has the same meaning as in the Directive,

  • “Public Contracts website” has the meaning given in section 22,

  • “public works contract” has the same meaning as in the Directive,

  • “regulated procurement” has the meaning given in section 2.

(2)In this Act, a contracting authority’s area is the area by reference to which the contracting authority primarily exercises its functions, disregarding any areas outside Scotland.

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