Search Legislation

Procurement Reform (Scotland) Act 2014

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: General duties

 Help about opening options

Changes to legislation:

Procurement Reform (Scotland) Act 2014, Cross Heading: General duties is up to date with all changes known to be in force on or before 22 October 2020. 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

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

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

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

General dutiesS

8General dutiesS

(1)A contracting authority must, in carrying out a regulated procurement—

(a)treat relevant economic operators equally and without discrimination,

(b)act in a transparent and proportionate manner.

(2)A contracting authority must also comply with the sustainable procurement duty.

(3)However, a contracting authority must not do anything in pursuance of subsection (2) that would conflict with its duty under subsection (1).

(4)A relevant economic operator is an economic operator who is a national of, or is established in—

(a)a member State, or

(b)Iceland, Liechtenstein or Norway.

(5)Subsection (1) does not apply in relation to an EU-regulated procurement.

Commencement Information

I1S. 8(1)(4)(5) in force at 18.4.2016 by S.S.I. 2016/30, art. 3 (with art. 5)

I2S. 8(2)(3) in force at 1.6.2016 by S.S.I. 2016/30, art. 4 (with art. 5)

9Sustainable procurement dutyS

(1)For the purposes of this Act, the sustainable procurement duty is the duty of a contracting authority—

(a)before carrying out a regulated procurement, to consider how in conducting the procurement process it can—

(i)improve the economic, social, and environmental wellbeing of the authority's area,

(ii)facilitate the involvement of small and medium enterprises, third sector bodies and supported businesses in the process, and

(iii)promote innovation, and

(b)in carrying out the procurement, to act with a view to securing such improvements identified as a result of paragraph (a)(i).

(2)The contracting authority must consider under subsection (1) only matters that are relevant to what is proposed to be procured and, in doing so, consider the extent to which it is proportionate in all the circumstances to take those matters into account.

(3)In this section—

  • small and medium enterprises” means businesses with not more than 250 employees,

  • third sector bodies” means organisations (other than bodies established under an enactment) that exist wholly or mainly to provide benefits for society or the environment.

(4)In this section, references to the wellbeing of the authority's area include, in particular, reducing inequality in the area.

Commencement Information

I3S. 9 in force at 1.6.2016 by S.S.I. 2016/30, art. 4 (with art. 5)

10Guidance on sustainable procurement dutyS

(1)The Scottish Ministers may publish guidance on the sustainable procurement duty.

(2)Contracting authorities must have regard to any guidance published under this section.

(3)The Scottish Ministers must lay a copy of any guidance published under this section before the Scottish Parliament.

Commencement Information

I4S. 10 in force at 11.1.2016 by S.S.I. 2015/411, art. 3

11Supported businessesS

(1)Despite section 8, a contracting authority may restrict participation in a regulated procurement (other than an EU-regulated procurement) to supported businesses only.

(2)Where a contracting authority restricts participation under subsection (1), it must state that fact in the contract notice.

(3)For the purposes of this Act, a “supported business” is an economic operator who operates a supported business, [F1or supported employment programme within the meaning of regulation 21] of the Public Contracts Regulations.

Textual Amendments

Commencement Information

I5S. 11 in force at 18.4.2016 by S.S.I. 2016/30, art. 3 (with art. 5)

12Contracts for health or social care servicesS

(1)Despite section 8, a contracting authority may award a contract for a health or social care service without seeking offers in relation to the proposed contract.

(2)In relation to a regulated procurement where, by virtue of subsection (1), a contracting authority does not seek offers, section 23(1) does not apply.

(3)The Scottish Ministers may by regulations make provision specifying what is a health or social care service for the purposes of subsection (1) and section 13(1).

Commencement Information

I6S. 12 in force at 18.4.2016 by S.S.I. 2016/30, art. 3 (with art. 5)

13Guidance on procurements for health or social care servicesS

(1)The Scottish Ministers must publish guidance on the carrying out of regulated procurements relating to contracts for health or social care services.

(2)Contracting authorities must have regard to any guidance published under this section.

(3)The Scottish Ministers must lay a copy of any guidance published under this section before the Scottish Parliament.

Commencement Information

I7S. 13 in force at 11.1.2016 by S.S.I. 2015/411, art. 3

14Other circumstances in which contract can be awarded without competitionS

(1)The Scottish Ministers may by regulations specify circumstances in which a contracting authority may, despite section 8, award a regulated contract without seeking offers in relation to the proposed contract.

(2)In relation to a regulated procurement where, by virtue of regulations made under subsection (1), a contracting authority does not seek offers, section 23(1) does not apply.

Commencement Information

I8S. 14 in force at 18.4.2016 by S.S.I. 2016/30, art. 3 (with art. 5)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources