The Public Procurement etc. (Miscellaneous Amendments) (Scotland) Regulations 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 (c.68). They make a series of minor amendments to the Utilities Contracts (Scotland) Regulations 2016 (S.S.I. 2016/49) and the Concession Contracts (Scotland) Regulations 2016 (S.S.I. 2016/65) (together “the principal regulations”).

The principal regulations were amended by the Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 (S.S.I. 2019/112) (the “EU Exit Regulations”). The EU Exit Regulations are not yet in force. They were drafted to come into force on Exit Day (as defined in section 20 of the European Union (Withdrawal) Act 2018 (c.16), as amended by S.I. 2019/718 and S.I. 2019/859). The UK’s departure from the EU has been delayed but the amendments to the principal Regulations still require to be effected because they do not depend on Exit Day. These Regulations effect these amendments.

These Regulations also make the necessary consequential amendments to the EU Exit Regulations by removing the reference to the changes now made by these regulations.

No business and regulatory impact assessment has been prepared for these Regulations as no impact upon business, charities or voluntary bodies is foreseen.