http://www.legislation.gov.uk/uksi/2021/573/part/3The Public Procurement (Agreement on Government Procurement) (Amendment) Regulations 2021enPUBLIC PROCUREMENTStatute Law Database2025-04-03Expert Participation2025-02-24 These Regulations make amendments to various United Kingdom and Scottish public procurement regulations for the purpose of implementing the Agreement on Government Procurement. This includes consequential amendments. PART 3AMENDMENT OF SCOTTISH SECONDARY LEGISLATIONAmendment to the Public Contracts (Scotland) Regulations 201551The Public Contracts (Scotland) Regulations 2015 are amended as follows.2In regulation 2 (interpretation), in paragraph (1)—ain the definition of “GPA”, for “between certain parties to the World Trade Organisation signed in Marrakesh on 15th April 1994 as amended before IP completion day” substitute “signed at Marrakesh on 15th April 1994, as amended on or before the United Kingdom’s accession”;bafter the definition of “GPA” insert—“GPA party” means any country, state or separate customs territory that is—listed in Schedule 1A; ora member State of the EU;.3In regulation 26 (conditions relating to the GPA and other international agreements)—ain the heading, for “the GPA and other international agreements” substitute “international agreements by which the EU is bound, other than the GPA”;bin paragraph (1), for “Annexes 1, 2 and 4 to 7 to the EU’s Appendix 1 to the GPA and by the other international agreements” substitute “the international agreements, other than the GPA,”;cfor paragraph (2) substitute—2Paragraph (1) is to be applied as if the United Kingdom were a member State..4After regulation 26 insert—Conditions relating to the GPA26AWhere a contracting authority is covered by Annexes 1 or 2 to the United Kingdom’s Appendix 1 to the GPA in respect of a procurement that is covered by Annexes 4 to 7 to that Appendix, the contracting authority shall accord to the works, supplies, services and economic operators of any GPA party treatment no less favourable than the treatment accorded to the works, supplies, services and economic operators of the United Kingdom..5In regulation 87 (duty owed to economic operators)—ain the heading, after “operators” insert “, including those from countries with whom the EU has a relevant international agreement other than the GPA”;bin paragraph (2), omit “Condition 1, Condition 2 or”;comit paragraphs (3), (3A) and (5).6After regulation 87 insert—Duty owed to economic operators from GPA parties87A1The duty owed in accordance with regulation 87(1) (duty owed to economic operators, including those from countries with whom the EU has a relevant international agreement other than the GPA) is a duty owed also to an economic operator from a GPA party, but only where the agreement applies to the procurement concerned.2For the purposes of paragraph (1), the GPA applies to a procurement if—athe procurement may result in the award of a contract of any description; andbat the relevant time—ia GPA party has agreed with the United Kingdom that the GPA shall apply to a contract of that description; andiithe economic operator is from that GPA party.3In this regulation, “relevant time” means the date on which the contracting authority submitted a call for competition in respect of the contract to the UK e-notification service or would have done so had it been required by these Regulations to do so..7After Schedule 1 (central government authorities) insert—SCHEDULE1APARTIES TO THE GPARegulation 2(1)

ArmeniaAustraliaCanadaEuropean UnionHong Kong, ChinaIcelandIsraelJapanKorea, Republic ofLiechtensteinMoldova, Republic ofMontenegroNetherlands with respect to ArubaNew ZealandNorwaythe Separate Customs Territory of Taiwan, Penghu, Kinmen and MatsuSingaporeSwitzerlandUkraineUnited States

.Amendments to the Utilities Contracts (Scotland) Regulations 201661The Utilities Contracts (Scotland) Regulations 2016 are amended as follows.2In regulation 2 (interpretation), in paragraph 1—ain the definition of “GPA”, for “between certain parties to the World Trade Organisation signed in Marrakesh on 15th April 1994 as amended before IP completion day” substitute “signed at Marrakesh on 15th April 1994, as amended on or before the United Kingdom’s accession”;bafter the definition of “GPA” insert—“GPA party” means any country, state or separate customs territory that is—listed in Schedule A1 (parties to the GPA); ora member State of the EU;.3In regulation 41 (conditions relating to the GPA and other international agreements)—ain the heading, for “the GPA and other international agreements” substitute “international agreements by which the EU is bound, other than the GPA”;bin paragraph (1), for “Annexes 3 to 7 to the EU’s Appendix 1 to the GPA and by the other international agreements” substitute “the international agreements, other than the GPA,”;cfor paragraph (2) substitute—2Paragraph (1) is to be applied as if the United Kingdom were a member State..4After regulation 41 insert—Conditions relating to the GPA41A1Where a utility within the meaning of regulation 4(1)(a) (utilities) is covered by Annex 3 to the United Kingdom’s Appendix 1 to the GPA in respect of a procurement that is covered by Annexes 4 to 7 to that Appendix, the utility must accord to the works, supplies, services and economic operators of any GPA party treatment no less favourable than the treatment accorded to the works, supplies, services and economic operators of the United Kingdom..5In regulation 100 (duty owed to economic operators)—ain the heading, after “operators” insert “, including those from countries with whom the EU has a relevant international agreement other than the GPA”;bin paragraph (2)(a), omit “Condition 1, Condition 2 or”;comit paragraphs (3), (3A) and (5).6After regulation 100 insert—Duty owed to economic operators from GPA parties100A1The duty owed in accordance with regulation 100(1) (duty owed to economic operators, including those from countries with whom the EU has a relevant international agreement other than the GPA) is a duty owed also to an economic operator from a GPA party, but only where the agreement applies to the procurement concerned.2For the purposes of paragraph (1), the GPA applies to a procurement if—athe procurement may result in the award of a contract of any description; andbat the relevant time—ia GPA party has agreed with the United Kingdom that the GPA shall apply to a contract of that description; andiithe economic operator is from that GPA party.3In this regulation, “relevant time” means—aif the utility selects economic operators to tender for or to negotiate the contract in accordance with a qualification system established in accordance with regulation 75 (qualification systems), the date on which the selection commences;bif the utility satisfies the requirement that there be a call for competition by indicating the intention to award the contract in a periodic indicative notice in accordance with regulations 65 (periodic indicative notices) or 89(1)(b) (publication of notices), the date on which the notice is submitted to the UK e-notification service; orcin any other case, the date on which the utility submitted a contract notice (or design contest notice) to the UK e-notification service or would have done so if the requirement that there be a call for competition applied and the utility decided to satisfy that requirement by submitting such a notice..7Before Schedule 1 (activities constituting works) insert—SCHEDULEA1PARTIES TO THE GPARegulation 2(1)

ArmeniaAustraliaCanadaEuropean UnionHong Kong, ChinaIcelandIsraelJapanKorea, Republic ofLiechtensteinMoldova, Republic ofMontenegroNetherlands with respect to ArubaNew ZealandNorwaythe Separate Customs Territory of Taiwan, Penghu, Kinmen and MatsuSingaporeSwitzerlandUkraineUnited States

.Amendments to the Concession Contracts (Scotland) Regulations 201671The Concession Contracts (Scotland) Regulations 2016 are amended as follows.2In regulation 2 (interpretation), in paragraph (1)—ain the definition of “GPA”, for “between certain parties to the World Trade Organisation signed in Marrakesh on 15th April 1994 as amended before IP completion day” substitute “signed at Marrakesh on 15th April 1994, as amended on or before the United Kingdom’s accession”;bafter the definition of “GPA” insert—“GPA party” means any country, state or separate customs territory that is—listed in Schedule 1A; ora member State of the EU;.3In regulation 51 (duty owed to economic operators)—ain the heading, after “operators” insert “, including those from countries with whom the EU has a relevant international agreement other than the GPA”;bin paragraph (2), omit “Condition 1, Condition 2 or”;comit paragraphs (3), (3A) and (5).4After regulation 51 insert—Duty owed to economic operators from GPA parties51A1The duty owed in accordance with regulation 51(1) (duty owed to economic operators, including those from countries with whom the EU has a relevant international agreement other than the GPA) is a duty owed also to an economic operator from a GPA party, but only where the agreement applies to the procurement concerned.2For the purposes of paragraph (1), the GPA applies to a procurement if—athe procurement may result in the award of a contract of any description; andbat the relevant time—ia GPA party has agreed with the United Kingdom that the GPA shall apply to a contract of that description; andiithe economic operator is from that GPA party.3In this regulation, “relevant time” means the date on which the contracting authority submitted a call for competition in respect of the contract to the UK e-notification service or would have done so if it has been required by these Regulations to do so..5After Schedule 1 (activities constituting works) insert—SCHEDULE1APARTIES TO THE GPARegulation 2(1)

ArmeniaAustraliaCanadaEuropean UnionHong Kong, ChinaIcelandIsraelJapanKorea, Republic ofLiechtensteinMoldova, Republic ofMontenegroNetherlands with respect to ArubaNew ZealandNorwaythe Separate Customs Territory of Taiwan, Penghu, Kinmen and MatsuSingaporeSwitzerlandUkraineUnited States

. S.S.I. 2015/446, as amended by S.S.I. 2016/47 and S.S.I. 2020/468. S.S.I. 2016/49, as amended by S.S.I. 2020/468. S.S.I. 2016/65, as amended by S.S.I. 2016/125 and S.S.I. 2020/468. Reg. 5 in force at 11.6.2021, see reg. 1(1)Reg. 6 in force at 11.6.2021, see reg. 1(1)Reg. 7 in force at 11.6.2021, see reg. 1(1)