Procurement Reform (Scotland) Act 2014

Procurement Reform (Scotland) Act 2014

2014 asp 12

Commentary on Sections

Part 3: Specific Duties

Community benefit requirements

Section 25 – Community benefit requirements in major contracts

50. Section 25 applies where a contracting authority proposes to carry out a regulated procurement equal to or greater than £4,000,000. In doing so, a contracting authority must consider whether to impose community benefit requirements as part of the contract delivery before carrying out the procurement. The contracting authority must include in the contract notice a summary of the community benefit requirements it intends to impose or the reasons for not including any requirement.

51. Section 25(4) states that where community benefits requirements are to be included in the contract, the contracting authority must state in the award notice the details of the benefits it considers will be derived.

52. Section 25(5) provides for the threshold for community benefit requirements to be amended by the Scottish Ministers, by order, subject to the affirmative procedure (see section 44(2)).