The Procurement Reform (Scotland) Act 2014 (Commencement No. 3 and Transitional Provisions) Order 2016

EXPLANATORY NOTE

(This note is not part of the Order)

This Order completes the full commencement of all of the remaining provisions of the Procurement Reform (Scotland) Act 2014 at the dates appointed in articles 3 and 4. The Schedule to that Act came into force in its entirety on 28th September 2015 and other sections came into force on Royal Assent or on the dates set out in the attached Note as to earlier commencement.

The provisions commenced by this Order are as follows.

Sections 3 to 7 cover key concepts and application of the Act which are contracting authorities, regulated procurements, framework agreements and dynamic purchasing systems.

Sections 8, 9, 11, 12, 14 to 19 and 21 cover general duties and procurement strategies. General duties include the sustainable procurement duty and a requirement for publication of a procurement strategy and annual reports.

Sections 22 to 25 and 27 to 36 cover specific duties which are publication of notices on the Public Contracts website, community benefit requirements, selection of tenderers and award of contracts, technical specifications, charges for participation in procurement process, the giving of reasons and the keeping of a contracts register.

Sections 37 to 40 cover remedies.

Article 5 of this Order makes transitional provisions in relation to procurement strategies, the first of which does not need to be produced by contracting authorities until 31st December 2016 and applies the provisions of the Act only to procurements starting on or after 18th April 2016.