PART 3AMENDMENT OF SECONDARY LEGISLATION
CHAPTER 4
Amendment of the Procurement (Scotland) Regulations 201610
1
The Procurement (Scotland) Regulations 201631 are amended as follows.
2
In regulation 7 (publication of contract notices, prior information notices and award notices on the Public Contracts website)—
a
in paragraph (1) for “an EU regulated procurement” substitute “a higher value regulated procurement”,
b
in paragraph (4), after “Directive” insert—
, but as if—
a
in paragraph 2, reference to “for the reasons set out in the second and third subparagraphs of Article 53(1),” were omitted,
b
paragraph 24 (financing by EU funds) were omitted,
c
in paragraph 26, “in the Official Journal of the European Union” read “on the Public Contracts website”,
d
in paragraph 28, “date of dispatch” were a reference to the date on which the notice is submitted to the Public Contracts website
c
in paragraph (5), after “Directive” insert—
, but as if—
a
in section I—
i
in paragraph 2, reference to “for the reasons set out in the second and third subparagraphs of Article 53(1),” were omitted,
ii
in paragraph 9 “date of dispatch” were a reference to the date on which the notice is submitted to the Public Contracts website, and
b
in section II, paragraph 12 were omitted
d
in paragraph (7), after “Directive” insert—
, but as if—
a
in paragraph 9, “referred to in Article 67” were omitted,
b
in paragraph 11(b), the words “member State or from a third” were omitted,
c
paragraph 15 (financing by EU funds) were omitted,
d
in paragraph 17, “in the Official Journal of the European Union” read “on the Public Contracts website”,
e
in paragraph 18, “date of dispatch” were a reference to the date on which the notice is submitted to the Public Contracts website
3
In regulation 8(1) (selection of tenderers: exclusion of economic operators on grounds of criminal activity)—
a
omit sub-paragraph (e),
b
in sub-paragraph (k), for “Article 57(1)” substitute “Article 57(1)(a), (b), (d), (e) or (f)”,
4
In regulation 10 (selection of tenderers: selection criteria), omit paragraph (5),
5
In regulation 11 (technical specifications)—
a
in paragraph (8), for “adopted by a legal act of the EU” substitute “imposed by retained EU law”,
b
in paragraph (10), before sub-paragraph (a), omit “to the extent that they are compatible with EU law,”.