Procurement Reform (Scotland) Act 2014 Explanatory Notes

Procurement Reform (Scotland) Act 2014

2014 asp 12

Commentary on Sections

Part 3: Specific Duties

Technical specifications

Section 30 – Technical specifications

64. Section 30 applies only to regulated procurements which are not also EU-regulated procurements.

65. Section 30(1) enables the Scottish Ministers to make regulations, subject to the negative procedure (see section 44(3)), regarding the use of technical specifications in regulated procurements (other than EU-regulated procurements). Technical specifications referred to are those used in invitation to tender documentation to describe goods, services or works to be provided pursuant to the procurement or the way in which the goods, services, materials or works are to be produced or provided.

66. This section also details a non-exhaustive list of particular provisions that may be included in regulations in respect of the use of technical specifications.