Procurement Reform (Scotland) Act 2014 (asp 12)

Part 2 S General duties and procurement strategies

General duties S

8 General duties S

(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).

[F1 (4) A relevant economic operator is an economic operator who is a national of, or is established in, the United Kingdom or Gibraltar.]

(5) Subsection (1) does not apply in relation to [F2 a higher value regulated procurement].

Textual Amendments

F1 S. 8(4) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 3(2) (with sch. paras. 1-5)

F2 Words in s. 8(5) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 3(3) (with sch. paras. 1-5)

Commencement Information

I1 S. 8(1)(4)(5) in force at 18.4.2016 by S.S.I. 2016/30, art. 3 (with art. 5)

I2 S. 8(2)(3) in force at 1.6.2016 by S.S.I. 2016/30, art. 4 (with art. 5)