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Part 5General

Interpretation

41The Directive, Public Contracts Regulations and EU-regulated procurements

(1)In this Act—

(a)“the Directive” means Directive 2004/18/EC of the European Parliament and of the Council,

(b)“the Public Contracts Regulations” means the Public Contracts (Scotland) Regulations 2012 (S.S.I. 2012/88), and

(c)an “EU-regulated procurement” is a regulated procurement to which the Public Contracts Regulations apply by virtue of regulation 5(1).

(2)The Scottish Ministers may by order—

(a)amend the definition of “the Directive” so as to substitute for the Directive for the time being specified there such successor Directive as they consider appropriate,

(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.

42General interpretation

(1)In this Act—

(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.