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SCHEDULE 6SCONSEQUENTIAL AND MISCELLANEOUS AMENDMENTS

PART 1SMODIFICATIONS TO PRIMARY LEGISLATION

Late Payment of Commercial Debts (Interest) Act 1998S

1.—(1) The Late Payment of Commercial Debts (Interest) Act 1998 M1is amended as follows.

(2) In section 4(8) M2 (period for which statutory interest runs), in the definition of “public authority” for “regulation 3 of the Public Contracts (Scotland) Regulations 2012” substitute “ regulation 2(1) of the Public Contracts (Scotland) Regulations 2015 ”.

Marginal Citations

Procurement Reform (Scotland) Act 2014S

2.—(1) The Procurement Reform (Scotland) Act 2014 M3 is amended as follows.

(2) In section 4(1), for “mentioned in paragraph (1) or (2) of regulation 6 of the Public Contract Regulations” substitute “ to which Public Contracts Regulations do not apply by virtue of regulation 4 or 7 to 18 of those regulations ”.

(3) In section 11(3) for “supported employment programme or supported factory within the meaning regulation 7” substitute “ or supported employment programme within the meaning of regulation 21 ”.

(4) In section 41(1) (the Directive, Public Contracts Regulations and EU regulated procurements)—

(a)In paragraph (a), for “Directive 2004/18/EC” substitute “ Directive 2014/24/EU ”;

(b)In paragraph (b) for “Public Contracts (Scotland) Regulations 2012 (S.S.I. 2012/88)” substitute “Public Contracts (Scotland) Regulations 2015 (S.S.I. 2015/XX);

(c)in paragraph (c) omit “by virtue of regulation 5(1)”.

Marginal Citations

M32014 asp. 12.

Small Business, Enterprise and Employment Act 2015S

3.—(1) The Small Business, Enterprise and Employment Act 2015 M4 is amended as follows.

(2) In section 40(5)(investigation of procurement functions) in the definition of “a relevant function relating to procurement”, in paragraph (c)—

(a)for “Public Contracts (Scotland) Regulations 2012 (S.I. 2012/88)” substitute “ Public Contracts (Scotland) Regulations 2015 ”; and

(b)for “regulation 8” substitute “ regulation 5 ”.

Marginal Citations