The Procurement Reform (Scotland) Act 2014 (Commencement No. 3 and Transitional Provisions) Order 2016

Citation and commencement

1.  This Order may be cited as the Procurement Reform (Scotland) Act 2014 (Commencement No. 3 and Transitional Provisions) Order 2016 and comes into force on 18th April 2016.

Interpretation

2.  In this Order, “the Act” means the Procurement Reform (Scotland) Act 2014.

Appointed days

3.  The day appointed for the coming into force of all sections of, and the schedule to, the Act in so far as not already in force, other than sections 8(2) and (3), 9, 24 and 25, is 18th April 2016.

4.  The day appointed for the coming into force of sections 8(2) and (3), 9, 24 and 25 of the Act is 1st June 2016.

Transitional provisions

5.—(1) Despite the coming into force of section 15 of the Act, a contracting authority is not required to prepare a procurement strategy relating to any period before 31st December 2016.

(2) The first procurement strategy prepared by a contracting authority must cover the remainder of the financial year of the contracting authority in which 31st December 2016 occurs and the first financial year starting after 31st December 2016.

(3) The Act does not apply to any regulated procurement where the procedure was commenced before 18th April 2016.

(4) For the purpose of paragraph (3), a procedure is commenced before 18th April 2016, if before that date a contracting authority has—

(a) published any form of advertisement seeking offers in relation to the contract; or

(b) contacted any economic operator in order to—

(i) seek offers in relation to the contract; or

(ii) respond to an unsolicited offer received from that economic operator in relation to the contract.

KEITH BROWN

A member of the Scottish Government

St Andrew’s House,

Edinburgh

19th January 2016