Procurement Reform (Scotland) Act 2014 (asp 12)

Part 5 S General

Interpretation S

41 [F1 Public Contracts Regulations and Higher Value Regulated Procurements] S

(1) In this Act—

F2 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) “the Public Contracts Regulations” means the [F3 Public Contracts (Scotland) Regulations 2015 (S.S.I. 2015/XX)], and

(c) [F4 a “higher value regulated procurement”] is a regulated procurement to which the Public Contracts Regulations apply F5 ....

(2) The Scottish Ministers may by order—

F6 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) amend the definition of “the Public Contracts Regulations” so as to substitute for the regulations for the time being specified there such other instrument as they consider appropriate.

(3) An order under subsection (2) may make such consequential modifications to subsection (1) and any other provision of this Act as the Scottish Ministers consider appropriate.

Textual Amendments

F1 S. 41 heading substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 3(6)(a) (with sch. paras. 1-5)

F2 S. 41(1)(a) omitted (31.12.2020) by virtue of The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 3(6)(b) (with sch. paras. 1-5)

F3 Words in s. 41(1)(b) substituted (18.4.2016) by The Public Contracts (Scotland) Regulations 2015 (S.S.I. 2015/446), reg. 1(2), Sch. 6 para. 2(4)(b) (with regs. 3-18, 99-101)

F4 Words in s. 41(1)(c) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 3(6)(c) (with sch. paras. 1-5)

F5 Words in s. 41(1)(c) omitted (18.4.2016) by virtue of The Public Contracts (Scotland) Regulations 2015 (S.S.I. 2015/446), reg. 1(2), Sch. 6 para. 2(4)(c) (with regs. 3-18, 99-101)

F6 S. 41(2)(a) omitted (31.12.2020) by virtue of The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 3(6)(b) (with sch. paras. 1-5)

42 General interpretation S

(1) In this Act—

• “award notice” has the meaning given in section 23(6),

• “community benefit requirement” has the meaning given in section 24,

• “contract notice” has the meaning given in section 23(6),

• “contracting authority” has the meaning given in section 1,

• “economic operator” means any person who offers the execution of works, the supply of products or the provision of services on the market,

• “financial year” means the period of 12 months in respect of which the accounts of the contracting authority in question are prepared,

• “public contract” [F7 means a contract for pecuniary interest concluded in writing between one or more economic operators and one or more contracting authorities and having as its object the execution of works, the supply of products or the provision of services]

• “Public Contracts website” has the meaning given in section 22,

• “public works contract” [F8 means a public contract having as its object one of the following—

  (a)

  the execution or the design and execution of works related to one of the activities within the meaning of schedule 2 of the Public Contracts Regulations,

  (b)

  the execution or the design and execution of a work,

  (c)

  the realisation, by whatever means, of a work corresponding to the requirements specified by the contracting authority exercising a decisive influence on the type or design of the work,

  (except in a subsidised public works contract),]

• “regulated procurement” has the meaning given in section 2.

• [F9 “work” means the outcome of building or civil engineering works taken as a whole which is sufficient in itself to fulfil an economic or technical function.]

(2) In this Act, a contracting authority's area is the area by reference to which the contracting authority primarily exercises its functions, disregarding any areas outside Scotland.

Textual Amendments

F7 Words in s. 42 substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 3(7)(a) (with sch. paras. 1-5)

F8 Words in s. 42 substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 3(7)(b) (with sch. paras. 1-5)

F9 Words in s. 42(1) inserted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 3(7)(c) (with sch. paras. 1-5)