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Care Reform (Scotland) Act 2025
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This version of this provision is prospective.
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The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
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Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
Care Reform (Scotland) Act 2025, Section 16 is up to date with all changes known to be in force on or before 31 December 2025. 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.
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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.
Changes and effects yet to be applied to Section 16:
- s. 16 coming into force by S.S.I. 2025/388 reg. 2(1)(2) sch. Pt. 1
Prospective
16Reserving right to participate in procurement by type of organisationS
(1)The Public Contracts (Scotland) Regulations 2015 (S.S.I. 2015/446) are modified as follows.
(2)After regulation 76 insert—
“76A.Reserved contracts for certain services
(1)Contracting authorities may reserve to qualifying organisations the right to participate in procedures for the award of reservable contracts.
(2)Where a contracting authority exercises the power of reservation conferred by paragraph (1), the call for competition must make reference to this regulation.
(3)The power of reservation conferred by paragraph (1) is without prejudice to the power conferred by regulation 21.
(4)A reservable contract is a contract that—
(a)is to be awarded in accordance with this Section,
(b)is for the provision of a service, or more than one service, that constitutes, or is otherwise connected to, the provision of a service in pursuance of—
(i)a function conferred by virtue of an enactment listed in the schedule of the Public Bodies (Joint Working) (Scotland) Act 2014, or
(ii)a function that is exercisable by a health board or a special health board constituted under section 2(1)(a) or, as the case may be, (b) of the National Health Service (Scotland) Act 1978, and
(c)is exclusively for a service, or more than one service, covered by one of the following CPV codes: 75200000-8, 75231200-6, 75231240-8, 79611000-0, 79622000-0, 79624000-4, 79625000-1, a code in the range beginning with 85000000-9 and ending with 85323000-9, 98133100-5, 98133000-4, 98200000-5, 98500000-8 and a code in the range beginning with 98513000-2 and ending with 98514000-9.
(5)An organisation is a qualifying organisation if—
(a)it is an organisation that exists solely to provide benefits for society or the environment,
(b)it is neither—
(i)established by an enactment, nor
(ii)subject to control by a person established by an enactment,
(c)its profits (if any) are not expended except by way of—
(i)reinvestment with a view to providing the benefits for society or the environment that the organisation exists to provide, or
(ii)distribution to the community that the organisation exists to provide benefits to.
(6)For the purpose of paragraph (5)(b), an organisation is subject to the control of a person established by an enactment if a decisive influence over the strategic objectives and significant decisions of the organisation is exercised by—
(a)a person established by an enactment,
(b)a person that, by virtue of this paragraph, would itself be treated as subject to the control of a person established by an enactment,
(c)more than one person described by sub-paragraph (a) or (b) acting jointly.
(7)The Scottish Ministers may by regulations change—
(a)the CPV codes specified in paragraph (4)(c),
(b)the meaning of qualifying organisation.
(8)The power conferred by paragraph (7) may be exercised to make different provision for different purposes.”.
Commencement Information
I1S. 16 not in force at Royal Assent, see s. 39(2)
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