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The Public Contracts (Scotland) Regulations 2015

Changes to legislation:

The Public Contracts (Scotland) Regulations 2015, Section 5 is up to date with all changes known to be in force on or before 29 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to Regulation 5:

  • Regulations applied by 2023 c. 54 s. 119(2)(a)
  • reg. 5(1)(a) sum substituted by S.S.I. 2019/112 reg. 3(6)(a)(i) (This amendment not applied to legislation.gov.uk. S.S.I. 2019/112 revoked immediately before IP completion day by S.S.I. 2020/468, regs. 1(3), 2(2)(a))
  • reg. 5(1)(a) sum substituted by S.S.I. 2019/112, reg. 3(6)(a)(i) (as amended) by S.S.I. 2019/414 reg. 2(2)(a) (This amendment not applied to legislation.gov.uk. S.S.I. 2019/414 revoked immediately before IP completion day by S.S.I. 2020/468, regs. 1(3), 2(2)(c))
  • reg. 5(1)(b) sum substituted by S.S.I. 2019/112 reg. 3(6)(a)(ii) (This amendment not applied to legislation.gov.uk. S.S.I. 2019/112 revoked immediately before IP completion day by S.S.I. 2020/468, regs. 1(3), 2(2)(a))
  • reg. 5(1)(b) sum substituted by S.S.I. 2019/112, reg. 3(6)(a)(ii) (as amended) by S.S.I. 2019/414 reg. 2(2)(b) (This amendment not applied to legislation.gov.uk. S.S.I. 2019/414 revoked immediately before IP completion day by S.S.I. 2020/468, regs. 1(3), 2(2)(c))
  • reg. 5(1)(c) sum substituted by S.S.I. 2019/112 reg. 3(6)(a)(iii) (This amendment not applied to legislation.gov.uk. S.S.I. 2019/112 revoked immediately before IP completion day by S.S.I. 2020/468, regs. 1(3), 2(2)(a))
  • reg. 5(1)(c) sum substituted by S.S.I. 2019/112, reg. 3(6)(a)(iii) (as amended) by S.S.I. 2019/414 reg. 2(2)(c) (This amendment not applied to legislation.gov.uk. S.S.I. 2019/414 revoked immediately before IP completion day by S.S.I. 2020/468, regs. 1(3), 2(2)(c))
  • reg. 5(1)(d) sum substituted by S.S.I. 2019/112 reg. 3(6)(a)(iv) (This amendment not applied to legislation.gov.uk. S.S.I. 2019/112 revoked immediately before IP completion day by S.S.I. 2020/468, regs. 1(3), 2(2)(a))
  • reg. 5(1)(d) sum substituted by S.S.I. 2019/112, reg. 3(6)(a)(iv) (as amended) by S.S.I. 2019/414 reg. 2(2)(d) (This amendment not applied to legislation.gov.uk. S.S.I. 2019/414 revoked immediately before IP completion day by S.S.I. 2020/468, regs. 1(3), 2(2)(c))
  • reg. 5(3)(a)(i) sum substituted by S.S.I. 2019/112 reg. 3(6)(b) (This amendment not applied to legislation.gov.uk. S.S.I. 2019/112 revoked immediately before IP completion day by S.S.I. 2020/468, regs. 1(3), 2(2)(a))
  • reg. 5(3)(a)(i) sum substituted by S.S.I. 2019/112, reg. 3(6)(b) (as amended) by S.S.I. 2019/414 reg. 2(2)(e) (This amendment not applied to legislation.gov.uk. S.S.I. 2019/414 revoked immediately before IP completion day by S.S.I. 2020/468, regs. 1(3), 2(2)(c))
  • reg. 5(3)(a)(ii) sum substituted by S.S.I. 2019/112 reg. 3(6)(c) (This amendment not applied to legislation.gov.uk. S.S.I. 2019/112 revoked immediately before IP completion day by S.S.I. 2020/468, regs. 1(3), 2(2)(a))
  • reg. 5(3)(a)(ii) sum substituted by S.S.I. 2019/112, reg. 3(6)(c) (as amended) by S.S.I. 2019/414 reg. 2(2)(f) (This amendment not applied to legislation.gov.uk. S.S.I. 2019/414 revoked immediately before IP completion day by S.S.I. 2020/468, regs. 1(3), 2(2)(c))
  • reg. 5(5) omitted by S.S.I. 2019/112 reg. 3(6)(d) (This amendment not applied to legislation.gov.uk. S.S.I. 2019/112 revoked immediately before IP completion day by S.S.I. 2020/468, regs. 1(3), 2(2)(a))

Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:

Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):

  • reg. 11(1)(e)(i)(aa) words substituted by S.S.I. 2019/112 reg. 3(11)(a)(i) (This amendment not applied to legislation.gov.uk. S.S.I. 2019/112 revoked immediately before IP completion day by S.S.I. 2020/468, regs. 1(3), 2(2)(a))
  • reg. 11(1)(e)(i)(bb) words substituted by S.S.I. 2019/112 reg. 3(11)(a)(ii) (This amendment not applied to legislation.gov.uk. S.S.I. 2019/112 revoked immediately before IP completion day by S.S.I. 2020/468, regs. 1(3), 2(2)(a))
  • reg. 78(1)(i)(ii) and words inserted by S.S.I. 2019/112 reg. 3(52)(a) (This amendment not applied to legislation.gov.uk. S.S.I. 2019/112 revoked immediately before IP completion day by S.S.I. 2020/468, regs. 1(3), 2(2)(a))
ThresholdsS
This section has no associated Policy Notes

5.—(1) These Regulations apply to a procurement where the estimated value of the contract to be awarded ([F1inclusive of value added tax, where appropriate]) is equal to or greater than—

(a)in the case of a public works contract (except a subsidised public works contract), [F2£5,372,609];

(b)in the case of a public supply contract, except one to which paragraph (2)(b) applies, or a public service contract (except a subsidised public service contract) to be awarded by a central government authority or a design contest organised by such an authority, [F3£139,688];

(c)in the case of a public supply contract, except one to which paragraph (2)(a) applies, or a public service contract (except a subsidised public service contract) to be awarded by a sub‑central contracting authority or a design contest organised by such an authority, [F4£214,904];

(d)in the case of a public service contract for a service listed in Schedule 3 (social and other specified services), [F5£663,540].

(2) Where the procurement is for the award of a public supply contract by a contracting authority operating in the field of defence—

(a)the amount specified in regulation 5(1)(b) applies to contracts concerning products referred to in Schedule 4 even where the contracting authority is a sub-central contracting authority; and

(b)the amount specified in regulation 5(1)(c) applies to contracts concerning products not referred to in Schedule 4 even where the contracting authority is a central government authority.

(3) Where a proposed work, acquisition of supplies or provision of services may be procured in the form of separate lots these Regulations do not apply to the award of a contract for a lot where—

(a)the estimated value of that lot is less than—

(i)[F6£70,778], in the case of supplies or services; or

(ii)[F7£884,720], in the case of works; and

(b)the estimated total aggregate value of all such lots to be awarded without application of these Regulations does not exceed 20% of the estimated aggregate value of all the lots calculated in accordance with [F8regulation 6(1)(a)] (methods for calculating the estimated value).

[F9(3A) For the avoidance of doubt, in determining for the purpose of paragraph (3)(b) the estimated aggregate value of all the lots, no account is to be taken of a lot if its estimated value is taken to be a certain amount by virtue of regulation 6(1)(b) (rather than being an amount calculated in accordance with regulation 6(1)(a)).]

(4) In this Regulation reference to a “contract” includes reference to a framework agreement, dynamic purchasing system or design contest.

F10(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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