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The Cross-Border Public Procurement (Miscellaneous Amendment) (Scotland) Regulations 2025
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Amendment of the Public Contracts (Scotland) Regulations 2015
This section has no associated Policy Notes
2.—(1) The Public Contracts (Scotland) Regulations 2015(1) are amended in accordance with paragraphs (2) and (3).
(2) After regulation 3 (subject matter and application of these regulations), insert—
Regulation of procurement by UK contracting authorities
3A.—(1) The provisions of these Regulations apply without modification where a UK contracting authority carries out a procurement under a devolved Scottish procurement arrangement and, as part of that arrangement, a contract is to be awarded following a procedure or other selection process carried out—
(a)jointly by that authority and one or more contracting authorities, or
(b)by a central purchasing body or equivalent which is a contracting authority.
(2) In respect of a procurement not falling within paragraph (1) but to which paragraph (3) applies—
(a)the provisions of these Regulations specified in column (1) of the table in schedule 7 apply in relation to that procurement, and
(b)where there is a modification specified in column (2) of that table in respect of a provision specified in column (1), that provision applies subject to that modification.
(3) This paragraph applies in relation to a procurement carried out by a UK contracting authority under a devolved Scottish procurement arrangement and, as part of that arrangement, a contract is to be awarded—
(a)in accordance with a framework agreement, or
(b)by reference to a dynamic purchasing system.
(4) In this regulation and regulation 3B—
“devolved Scottish procurement arrangement” has the meaning given in section 114(4) of the Procurement Act 2023,
“UK contracting authority” means a contracting authority within the meaning of section 2(1) of the Procurement Act 2023.
Regulation of procurement under cross-border arrangements
3B.—(1) Paragraph (2) applies where a contracting authority carries out a procurement under a reserved procurement arrangement, a devolved Welsh procurement arrangement or a transferred Northern Ireland procurement arrangement.
(2) The provisions of these Regulations specified in the table in schedule 8 do not apply to that procurement.
(3) In this regulation “reserved procurement arrangement”, “devolved Welsh procurement arrangement” and “transferred Northern Ireland procurement arrangement” have the meanings given in section 114 of the Procurement Act 2023.”.
(3) After schedule 6, insert—
regulation 3A
“Schedule 7Procurement by UK contracting authorities
| Provision of these Regulations | Modification |
|---|---|
| Regulation 1 (citation, commencement and extent) | |
| Regulation 2 (interpretation) | |
| Regulation 3 (subject matter and application of these regulations) | |
| Regulation 4 (mixed procurement) | |
| Regulation 5 (thresholds) | |
| Regulation 6 (estimating value) | |
| Regulation 7 (exclusions: utilities) | |
| Regulation 8 (exclusions: concessions) | |
| Regulation 9 (exclusions: electronic communications) | |
| Regulation 10 (exclusions: public contracts awarded, and design contests organised, pursuant to international rules) | |
| Regulation 11 (exclusions: specific service contracts) | |
| Regulation 12 (exclusions: service contracts awarded on the basis of an exclusive right) | |
| Regulation 13 (exclusions: public contracts between entities within the public sector) | |
| Regulation 14 (specific situations: contracts subsidised by a contracting authority) | |
| Regulation 15 (specific situations: research and development services) | |
| Regulation 16 (specific situations: defence and security) | |
| Regulation 17 (mixed procurement involving defence or security aspects) | |
| Regulation 18 (public contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules) | |
| Regulation 19 (principles of procurement) | Paragraphs (4) to (5) do not apply |
| Regulation 20 (economic operators) | Paragraphs (2) to (6) do not apply |
| Regulation 21 (reserved contracts) | |
| Regulation 22 (confidentiality) | |
| Regulation 23 (rules applicable to communication) | |
| Regulation 24 (nomenclatures) | |
| Regulation 25 (conflicts of interest) | |
| Regulation 26A (conditions relating to the GPA) | |
| Regulation 26B (conditions relating to international agreements by which the United Kingdom is bound, other than the GPA) | |
| Regulation 27 (choice of procedures) | Paragraphs (1) to (7) do not apply |
| Regulation 29 (restricted procedure) | Paragraph (4) does not apply |
| Regulation 34 (framework agreements) | Paragraphs (1) and (2) do not apply |
| Regulation 35 (dynamic purchasing systems) | Paragraphs (2) to (4), (6) to (9), (13) to (18) and (26) to (27A) do not apply |
| Regulation 36 (electronic auctions) | |
| Regulation 37 (electronic catalogues) | |
| Regulation 38 (centralised purchasing activities and central purchasing bodies) | Paragraph (7) does not apply |
| Regulation 39 (occasional joint procurement) | |
| Regulation 41 (preliminary market consultation) | |
| Regulation 42 (prior involvement of candidates or tenderers) | |
| Regulation 43 (technical specifications) | |
| Regulation 44 (labels) | |
| Regulation 45 (test reports, certificates and other means of proof) | |
| Regulation 46 (variants) | |
| Regulation 48 (setting time limits) | Paragraph (4) does not apply |
| Regulation 50 (contract notices) | |
| Regulation 51 (contract award notices) | |
| Regulation 52 (publication on the UK e-notification service) | |
| Regulation 53 (publication otherwise than on the UK e-notification service) | Paragraphs (1), (2) and (6) do not apply. Paragraph (5) is to be read as if references to “buyer profile” were omitted. |
| Regulation 54 (electronic availability of procurement documents) | Paragraph (7) does not apply |
| Regulation 55 (invitations to candidates) | Paragraphs (2) and (5)(c) do not apply |
| Regulation 56 (informing candidates and tenderers) | Paragraphs (2)(a), (2)(d), (3)(a) and (3)(d) do not apply |
| Regulation 57 (general principles) | Paragraphs (1)(b)(iii), (2A), (2B), (2C), (3) and (4) do not apply |
| Regulation 58 (exclusion grounds) | |
| Regulation 59 (selection criteria) | |
| Regulation 60 (single procurement document: use, content and form of the SPD) | |
| Regulation 61 (means of proof) | |
| Regulation 63 (quality assurance standards and environmental management standards) | |
| Regulation 64 (reliance upon the capacities of other entities) | |
| Regulation 67 (contract award criteria) | |
| Regulation 68 (life-cycle costing) | |
| Regulation 69 (abnormally low tenders) | |
| Regulation 70A (electronic invoicing) | |
| Regulation 71 (subcontracting) | |
| Regulation 73 (termination of contracts) | |
| Regulation 74 (award of contracts for social and other specific services) | |
| Regulation 75 (publication of notices) | Paragraph (2) does not apply |
| Regulation 76 (principles of awarding contracts) | |
| Regulation 82 (retention of contract copies) | |
| Regulation 83 (reporting and documentation requirements) | Paragraphs (1) to (6) do not apply |
| Regulation 84 (scope of chapter 5) | |
| Regulation 85 (notices of decisions to award a contract or conclude a framework agreement) | Paragraphs (6)(b)(ii), (6)(b)(iii), (7)(ii) and (7)(iii) do not apply |
| Regulation 86 (standstill period) | |
| Regulation 87 (duty owed to economic operators, including those from countries with whom the EU has a relevant international agreement other than the GPA) | |
| Regulation 87A (duty owed to economic operators from GPA parties) | |
| Regulation 87B (duty owed to economic operators from countries with whom the United Kingdom has an international agreement, other than the GPA) | |
| Regulation 88 (enforcement of duties through the courts) | |
| Regulation 89 (automatic suspension of authority power to proceed with contract award) | |
| Regulation 90 (powers and duties of the court) | |
| Regulation 91 (ineffectiveness orders) | |
| Regulation 92 (powers of the court) | |
| Regulation 93 (general interest grounds for not making a declaration of ineffectiveness) | |
| Regulation 94 (other orders) | |
| Regulation 95 (financial penalties) | |
| Schedule 1 (central government authorities) | |
| Schedule 1A (parties to the GPA) | |
| Schedule 2 (activities constituting works) | |
| Schedule 3 (social and other specific services) | |
| Schedule 4 (list of products relevant to thresholds) | |
| Schedule 4A (international trade agreements) |
regulation 3B
Schedule 8Procurement under cross-border arrangements
| Provision of these Regulations |
|---|
| Regulation 4 (mixed procurement) |
| Regulation 5 (thresholds) |
| Regulation 6 (estimating value) |
| Regulation 17 (mixed procurement involving defence or security aspects) |
| Regulation 18 (public contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules) |
| Regulation 20 (economic operators) |
| Regulation 22 (confidentiality) |
| Regulation 23 (rules applicable to communication) |
| Regulation 24 (nomenclatures) |
| Regulation 25 (conflicts of interest) |
| Regulation 26A (conditions relating to the GPA) |
| Regulation 26B (conditions relating to international agreements by which the United Kingsome is bound, other than the GPA) |
| Regulation 27 (choice of procedures) |
| Regulation 28 (open procedure) |
| Regulation 29 (restricted procedure) |
| Regulation 30 (competitive procedure with negotiation) |
| Regulation 31 (competitive dialogue) |
| Regulation 32 (innovation partnership) |
| Regulation 33 (use of the negotiated procedure without prior publication) |
| Regulation 34 (framework agreements) |
| Regulation 35 (dynamic purchasing systems) |
| Regulation 36 (electronic auctions) |
| Regulation 37 (electronic catalogues) |
| Regulation 38 (centralised purchasing activities and central purchasing bodies) |
| Regulation 39 (occasional joint procurement) |
| Regulation 42 (prior involvement of candidates or tenderers) |
| Regulation 43 (technical specifications) |
| Regulation 44 (labels) |
| Regulation 45 (test reports, certificates and other means of proof) |
| Regulation 46 (variants) |
| Regulation 47 (division of contracts into lots) |
| Regulation 48 (setting time limits) |
| Regulation 49 (prior information notices) |
| Regulation 50 (contract notices) |
| Regulation 51 (contract award notices) |
| Regulation 52 (publication on the UK e-notification service) |
| Regulation 53 (publication otherwise than on the UK e-notification service) |
| Regulation 54 (electronic availability of procurement documents) |
| Regulation 55 (invitations to candidates) |
| Regulation 56 (informing candidates and tenderers) |
| Regulation 57 (general principles) |
| Regulation 58 (exclusion grounds) |
| Regulation 59 (selection criteria) |
| Regulation 60 (single procurement documents: use, content and form of the SPD) |
| Regulation 61 (means of proof) |
| Regulation 63 (quality assurance standards and environmental management standards) |
| Regulation 64 (reliance upon the capacities of other entities) |
| Regulation 65 (recognition of official lists of approved economic operators and certification by certification bodies) |
| Regulation 66 (reduction of the number of otherwise qualified candidates to be invited to participate) |
| Regulation 67 (contract award criteria) |
| Regulation 68 (life-cycle costing) |
| Regulation 69 (abnormally low tenders) |
| Regulation 70A (electronic invoicing) |
| Regulation 71 (subcontracting) |
| Regulation 73 (termination of contracts) |
| Regulation 74 (award of contracts for social and other specific services) |
| Regulation 75 (publication of notices) |
| Regulation 76 (principles of awarding contracts) |
| Regulation 83 (reporting and documentation requirements) |
| Regulation 84 (scope of Chapter 5) |
| Regulation 85 (notices of decisions to award a contract or conclude a framework agreement) |
| Regulation 86 (standstill period) |
| Regulation 87 (duty owed to economic operators, including those from countries with whom the EU has a relevant international agreement, other than the GPA) |
| Regulation 87A (duty owed to economic operators from GPA parties) |
| Regulation 87B (duty owed to economic operators from countries with whom the United Kingdom has an international agreement, other than the GPA) |
| Regulation 88 (enforcement of duties through the courts) |
| Regulation 89 (automatic suspension of authority power to proceed with contract award) |
| Regulation 90 (powers and duties of the court) |
| Regulation 91 (ineffectiveness orders) |
| Regulation 92 (powers of the court) |
| Regulation 93 (general interest grounds for not making a declaration of ineffectiveness) |
| Regulation 94 (other orders) |
| Regulation 95 (financial penalties) |
| Regulation 97 (revocations and consequential amendments) |
| Regulation 98 (transitional provision and saving where procurement procedure commenced before 18th April 2016) |
| Regulation 99 (transitional provision and saving where utilities procurement procedures commenced before 18th April 2016) |
| Regulation 100 (transitory provision prior to full commencement of regulation 23(1) to (7)) |
| Regulation 101 (transitory provision: temporary exemption)”. |
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