Regulation 5 Amendment of the Procurement Reform (Scotland) Act 2014

The Procurement Reform (Scotland) Act 2014^f1 is amended in accordance with paragraphs (2) to (6).

In section 1 (contracting authorities), in subsections (1)(a) and (3), for “the schedule” substitute “schedule 1”.

After section 3 (regulated contracts), insert—

“Regulation of procurement under cross-border arrangements

3A

(1)

Subsection (2) applies where a contracting authority carries out procurement under a reserved procurement arrangement, a devolved Welsh procurement arrangement or a transferred Northern Ireland procurement arrangement.

(2)

The provisions of this Act specified in the table in schedule 2 do not apply to that procurement.

(3)

In this section “reserved procurement arrangement”, “devolved Welsh procurement arrangement” and “transferred Northern Ireland procurement arrangement” have the meaning given in section 114 of the Procurement Act 2023.”.

In section 41 (public contracts regulations and higher value regulated procurements), in subsection (1)(c) after “Regulations” insert “or section 115A of the Procurement Act 2023”.

The existing schedule becomes schedule 1.

After that schedule (as so numbered), insert—

“Schedule 2

Procurement under cross-border arrangements

section 3A

Provision of this Act
Section 5 (estimated value of contract)
Section 7 (dynamic purchasing systems)
Section 8 (general duties)
Section 9 (sustainable procurement duty)
Section 10 (guidance on sustainable procurement duty)
Section 11 (supported businesses)
Section 12 (contracts for health or social care services)
Section 14 (other circumstances in which contract can be awarded without competition)
Section 22 (public contracts website)
Section 23 (publication of contract notices and award notices)
Section 26 (guidance on community benefit requirements)
Section 29 (guidance on selection of tenderers and award of contracts)
Section 31 (charges for participation in procurement process)
Section 34 (withholding information)
Section 36 (amendment of Climate Change (Scotland) Act 2009)
Section 38 (procedure and time limits)
Section 39 (determination by the court)
Section 40 (transfer of forum for proceedings to First-tier Tribunal)
Section 43 (ancillary provision)
Section 44 (subordinate legislation)
Section 45 (commencement)
Section 46 (short title)

”.