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The Cross-Border Public Procurement (Miscellaneous Amendment) (Scotland) Regulations 2025
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Amendment of the Utilities Contracts (Scotland) Regulations 2016
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3.—(1) The Utilities Contracts (Scotland) Regulations 2016(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 authority, 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 4 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 market system.
(4) In this regulation, and as the case may be, 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 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 5 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(2).”.
(3) After schedule 3, insert—
regulation 3A
“Schedule 4Procurement 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 (utilities) | |
| Regulation 5 (mixed procurement covering the same activity) | |
| Regulation 6 (procurement covering several activities) | |
| Regulation 7 (common provisions) | |
| Regulation 8 (gas and heat) | |
| Regulation 9 (electricity) | |
| Regulation 10 (water) | |
| Regulation 11 (transport services) | |
| Regulation 12 (ports and airports) | |
| Regulation 13 (postal services) | |
| Regulation 14 (extraction of oil and gas and exploration for, or extraction of, coal or other solid fuels) | |
| Regulation 15 (thresholds) | |
| Regulation 16 (estimating value) | Paragraphs (8) and (9) do not apply |
| Regulation 17 (exclusion: contracts awarded for the purpose of resale or lease to third parties) | |
| Regulation 18 (exclusion: contracts and design contests awarded or organised for purposes other than the pursuit of a covered activity or for the pursuit of such an activity outside the United Kingdom) | |
| Regulation 19 (exclusion: contracts awarded, and design contests organised pursuant to international rules) | |
| Regulation 20 (exclusion: specific exclusions for service contracts) | |
| Regulation 21 (exclusion: service contracts awarded on the basis of an exclusive right) | |
| Regulation 22 (exclusion: contracts awarded by certain utilities for the purchase of water and for the supply of energy or of fuels for the production of energy) | |
| Regulation 23 (defence and security) | |
| Regulation 24 (mixed procurement covering the same activity and involving defence and security aspects) | |
| Regulation 25 ( procurement covering several activities and involving defence and security aspects) | |
| Regulation 26 (contracts and design contests involving defence and security aspects which are awarded or organised pursuant to international rules) | |
| Regulation 27 (exclusion: contracts between contracting authorities) | |
| Regulation 28 (exclusion: contracts awarded to an affiliated undertaking) | |
| Regulation 29 (exclusion: contracts awarded to a joint venture or to a utility forming part of a joint venture) | |
| Regulation 31 (research and development services) | |
| Regulation 32 (activities directly exposed to competition) | |
| Regulation 34 (principles of procurement) | |
| Regulation 35 (economic operators) | Paragraphs (1) to (6) and (9) do not apply |
| Regulation 36 (reserved contracts) | |
| Regulation 37 (confidentiality) | |
| Regulation 38 (rules applicable to communication) | |
| Regulation 39 (nomenclatures) | |
| Regulation 40 (conflicts of interest) | |
| Regulation 41A (conditions relating to the GPA) | |
| Regulation 41B (conditions relating to international agreements by which the United Kingdom is bound, other than the GPA) | |
| Regulation 42 (choice of procedures) | Paragraphs (1) to (6) do not apply |
| Regulation 44 (restricted procedure) | |
| Regulation 49 (framework agreements) | Paragraphs (1) and (2) do not apply |
| Regulation 50 (dynamic purchasing systems) | Paragraphs (2) to (9), (11) to (16), (25) and (25A) do not apply |
| Regulation 51 (electronic auctions) | |
| Regulation 52 (electronic catalogues) | |
| Regulation 53 (centralised purchasing activities and central purchasing bodies) | Paragraphs (2)(a), (7) and (8) do not apply |
| Regulation 54 (occasional joint procurement) | |
| Regulation 56 (preliminary market consultation) | |
| Regulation 57 (prior involvement of candidates or tenderers) | |
| Regulation 58 (technical specifications) | |
| Regulation 59 (labels) | |
| Regulation 60 (test reports, certificates and other means of proof) | |
| Regulation 61 (communications of technical specifications) | Paragraphs (1) and (2) do not apply |
| Regulation 64 (setting time limits) | Paragraph (4) does not apply |
| Regulation 67 (contract notices) | |
| Regulation 68 (contract award notices) | |
| Regulation 69 (publication on the UK e-notification service) | |
| Regulation 70 (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 the references to “buyer profile” were omitted |
| Regulation 71 (electronic availability of procurement documents) | Paragraph (8) does not apply |
| Regulation 72 (invitations to candidates) | Paragraphs (2) and (5)(b) do not apply |
| Regulation 73 (informing applicants for qualification, candidates and tenderers) | Paragraphs (2)(a), (2)(d), (3)(a), (3)(d) and (5) to (7) do not apply |
| Regulation 74 (general principles) | Paragraphs (1)(c), (2), (3) and (6A) to (7) do not apply |
| Regulation 76 (criteria for qualitative selection) | Paragraphs (2) and (3) do not apply |
| Regulation 77 (reliance on the capacities of other entities) | |
| Regulation 78 (use of exclusion grounds and selection criteria provided for under the Public Contracts (Scotland) Regulations) | Paragraph (1)(a) does not apply |
| Regulation 79 (quality assurance standards and environmental management standards) | |
| Regulation 80 (contract award criteria) | |
| Regulation 81 (life-cycle costing) | |
| Regulation 82 (abnormally low tenders) | |
| Regulation 84 (conditions for performance of contracts) | |
| Regulation 84A (electronic invoicing) | |
| Regulation 85 (subcontracting) | |
| Regulation 87 (termination of contracts) | |
| Regulation 88 (award of contracts for social and other specific services) | |
| Regulation 89 (publication of notices) | Paragraphs (1)(c) and (2) do not apply |
| Regulation 90 (principles of awarding contracts) | |
| Regulation 95 (retention of contract copies) | |
| Regulation 96 (reporting and documentation requirements) | Paragraph (8) does not apply |
| Regulation 97 (scope of chapter) | |
| Regulation 98 (notices of decision to award a contract or conclude a framework agreement) | Paragraphs (6)(b)(ii), (6)(b)(iii), (7)(b) and (7)(c) |
| Regulation 99 (standstill period) | |
| Regulation 100 (duty owed to economic operators, including those from countries with whom the EU has relevant international agreement other than the GPA) | |
| Regulation 100A (duty owed to economic operators from GPA parties) | |
| Regulation 100B (duty owed to economic operators from countries with whom the United Kingdom has an international agreement, other than the GPA) | |
| Regulation 101 (enforcement of duties through the courts) | |
| Regulation 102 (automatic suspension of utility’s power to proceed with contract award) | |
| Regulation 103 (powers and duties of the court) | |
| Regulation 104 (ineffectiveness orders) | |
| Regulation 105 (powers of the court: ineffectiveness order) | |
| Regulation 106 (general interest grounds for not making a declaration of ineffectiveness) | |
| Regulation 107 (other orders) | |
| Regulation 108 (financial penalties) | |
| Schedule A1 (parties to the GPA) | |
| Schedule 1 (activities constituting works) | |
| Schedule 2 (social and other specific services) | |
| Schedule 2A (international trade agreements) |
regulation 3B
Schedule 5Procurement under cross-border arrangements
| Provision of these Regulations |
|---|
| Regulation 5 (mixed procurement covering the same activity) |
| Regulation 6 (procurement covering several activities) |
| Regulation 15 (thresholds) |
| Regulation 16 (estimating value) |
| Regulation 24 (mixed procurement covering the same activity and involving defence and security aspects) |
| Regulation 25 ( procurement covering several activities and involving defence or security aspects) |
| Regulation 26 (contracts and design contests involving defence and security aspects which are awarded or organised pursuant to international rules) |
| Regulation 35 (economic operators) |
| Regulation 37 (confidentiality) |
| Regulation 38 (rules applicable to communication) |
| Regulation 39 (nomenclatures) |
| Regulation 40 (conflicts of interest) |
| Regulation 41A (conditions relating to the GPA) |
| Regulation 41B (conditions relating to international agreements by which the United Kingdom is bound, other than the GPA) |
| Regulation 42 (choice of procedures) |
| Regulation 43 (open procedure) |
| Regulation 44 (restricted procedure) |
| Regulation 45 (negotiated procedure with prior call for competition) |
| Regulation 46 (competitive dialogue) |
| Regulation 47 (innovation partnership) |
| Regulation 48 (use of the negotiated procedure without prior call for competition) |
| Regulation 49 (framework agreements) |
| Regulation 50 (dynamic purchasing systems) |
| Regulation 51 (electronic auctions) |
| Regulation 52 (electronic catalogues) |
| Regulation 53 (centralised purchasing activities and central purchasing bodies) |
| Regulation 54 (occasional joint procurement) |
| Regulation 55 (procurement involving utilities from different member states) |
| Regulation 57 (prior involvement of candidates or tenderers) |
| Regulation 58 (technical specifications) |
| Regulation 59 (labels) |
| Regulation 60 (test reports, certificates and other means of proof) |
| Regulation 61 (communication of technical specifications) |
| Regulation 62 (variants) |
| Regulation 63 (division of contracts into lots) |
| Regulation 64 (setting time limits) |
| Regulation 65 (periodic indicative notices) |
| Regulation 66 (notices on the existence of a qualification system) |
| Regulation 67 (contract notices) |
| Regulation 68 (contract award notices) |
| Regulation 69 (publication on the UK e-notification service) |
| Regulation 70 (publication otherwise than on the UK e-notification service) |
| Regulation 71 (electronic availability of procurement documents) |
| Regulation 72 (invitations to candidates) |
| Regulation 73 (informing applicants for qualification, candidates and tenderers) |
| Regulation 74 (general principles) |
| Regulation 75 (qualification systems) |
| Regulation 76 (criteria for qualitative selection) |
| Regulation 77 (reliance on the capacities of other entities) |
| Regulation 78 (use of exclusion grounds and selection criteria provided for under the Public Contracts (Scotland) Regulations) |
| Regulation 79 (quality assurance standards and environmental management standards) |
| Regulation 80 (contract award criteria) |
| Regulation 81 (life-cycle costing) |
| Regulation 82 (abnormally low tenders) |
| Regulation 84A (electronic invoicing) |
| Regulation 85 (subcontracting) |
| Regulation 87 (termination of contracts) |
| Regulation 88 (award of contracts for social and other specific services) |
| Regulation 89 (publication of notices) |
| Regulation 90 (principles of awarding contracts) |
| Regulation 96 (reporting and documentation requirements) |
| Regulation 97 (scope of Chapter) |
| Regulation 98 (notices of decisions to award a contract or conclude a framework agreement) |
| Regulation 99 (standstill period) |
| Regulation 100 (duty owed to economic operators, including those from countries with whom the EU has a relevant international agreement other than the GPA) |
| Regulation 100A (duty owed to economic operators from GPA parties) |
| Regulation 100B (duty owed to economic operators from countries with whom the United Kingdom has an international agreement, other than the GPA) |
| Regulation 101 (enforcement of duties through the courts) |
| Regulation 102 (automatic suspension of utility’s power to proceed with contract award) |
| Regulation 103 (powers and duties of the court) |
| Regulation 104 (ineffectiveness orders) |
| Regulation 105 (powers of the court: ineffectiveness order) |
| Regulation 106 (general interest grounds for not making a declaration of ineffectiveness) |
| Regulation 107 (other orders) |
| Regulation 108 (financial penalties)”. |
(1)
(2)
2023 c. 54; relevant amending instruments are S.I. 2025/163.
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