Community benefit requirements
Section 24 – Community benefit requirements
49.This section introduces a definition of community benefit requirement for the purpose of the Act. This is relevant to a contracting authority’s procurement strategy (see section 15(5)(b)) and also to the duty on a contracting authority in section 25 to consider imposing such requirements in certain procurements.
Section 25 – Community benefit requirements in major contracts
50.Section 25 applies where a contracting authority proposes to carry out a regulated procurement equal to or greater than £4,000,000. In doing so, a contracting authority must consider whether to impose community benefit requirements as part of the contract delivery before carrying out the procurement. The contracting authority must include in the contract notice a summary of the community benefit requirements it intends to impose or the reasons for not including any requirement.
51.Section 25(4) states that where community benefits requirements are to be included in the contract, the contracting authority must state in the award notice the details of the benefits it considers will be derived.
52.Section 25(5) provides for the threshold for community benefit requirements to be amended by the Scottish Ministers, by order, subject to the affirmative procedure (see section 44(2)).
Section 26 – Guidance on community benefit requirements
53.Section 26 gives the Scottish Ministers power to publish statutory guidance in relation to the use of community benefit requirements and makes provision regarding the content of that guidance. Section 26(3) requires a contracting authority to have regard to any guidance published under this section. Section 26(4) obliges the Scottish Ministers to lay a copy of the guidance before the Scottish Parliament.
