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PART 3AMENDMENT OF SCOTTISH SECONDARY LEGISLATION

Amendment to the Public Contracts (Scotland) Regulations 2015

5.—(1) The Public Contracts (Scotland) Regulations 2015(1) are amended as follows.

(2) After regulation 26A (conditions relating to the GPA), insert—

Conditions relating to international agreements by which the United Kingdom is bound, other than the GPA

26B.(1) Where a relevant international trade agreement applies to a procurement, the contracting authority must accord to the works, supplies, services and economic operators of the signatories to that agreement treatment no less favourable than the treatment accorded to the works, supplies, services and economic operators of the United Kingdom.

(2) For the purposes of paragraph (1), a relevant international trade agreement applies if the procurement is covered by an agreement listed in Schedule 4A (international trade agreements)..

(3) After regulation 87A (duty owed to economic operators from GPA countries), insert—

Duty owed to economic operators from countries with whom the United Kingdom has an international agreement, other than the GPA

87B.(1) The duty owed in accordance with regulation 87(1) (duty owed to economic operators, including 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 country in respect of which a relevant international trade agreement applies, but only where the agreement applies to the procurement concerned.

(2) For the purposes of paragraph (1), a relevant international trade agreement applies if the procurement is covered by an agreement listed in Schedule 4A (international trade agreements)..

(4) After Schedule 4 (list of products relevant to thresholds), insert—

Regulation 26B and 87B

SCHEDULE 4AINTERNATIONAL TRADE AGREEMENTS

Amendments to the Utilities Contracts (Scotland) Regulations 2016

6.—(1) The Utilities Contracts (Scotland) Regulations 2016(2) are amended as follows.

(2) After regulation 41A (conditions relating to the GPA), insert—

Conditions relating to international agreements by which the United Kingdom is bound, other than the GPA

41B.(1) Where a relevant international trade agreement applies to a procurement, a utility within the meaning of regulation 4(1)(a) (utilities) must accord to the works, supplies, services and economic operators of the signatories to that agreement treatment no less favourable than the treatment accorded to the works, supplies, services and economic operators of the United Kingdom.

(2) For the purposes of paragraph (1), a relevant international trade agreement applies if the procurement is covered by an agreement listed in Schedule 2A (international trade agreements)..

(3) After regulation 100A (duty owed to economic operators from GPA countries), insert—

Duty owed to economic operators from countries with whom the United Kingdom has an international agreement, other than the GPA

100B.(1) The duty owed in accordance with regulation 100(1) (duty owed to economic operators, including from countries with whom the EU has an international agreement other than the GPA) is a duty owed also to an economic operator from a country in respect of which a relevant international trade agreement applies, but only where the agreement applies to the procurement concerned.

(2) For the purposes of paragraph (1), a relevant international trade agreement applies if the procurement is covered by an agreement listed in Schedule 2A (international trade agreements)..

(4) After Schedule 2 (social and other specific services), insert—

Regulation 41B and 100B

SCHEDULE 2AINTERNATIONAL TRADE AGREEMENTS

Amendments to the Concession Contracts (Scotland) Regulations 2016

7.—(1) The Concession Contracts (Scotland) Regulations 2016(3) are amended as follows.

(2) After regulation 51A (duty owed to economic operators from GPA countries), insert—

Duty owed to economic operators from countries with whom the United Kingdom has an international agreement, other than the GPA

51B.(1) The duty owed in accordance with regulation 51(1) (duty owed to economic operators, including from countries with whom the EU has an international agreement other than the GPA) is a duty owed also to an economic operator from a country in respect of which a relevant international trade agreement applies, but only where the agreement applies to the procurement concerned.

(2) For the purposes of paragraph (1), a relevant international trade agreement applies if the procurement is covered by an agreement listed in Schedule 5 (international trade agreements)..

(3) After Schedule 4 (list of international social and environmental conventions referred to in regulation 40(9)), insert—

Regulation 51B

SCHEDULE 5INTERNATIONAL TRADE AGREEMENTS