Regulation 19 Amendment of the Public Contracts (Scotland) Regulations 2015

(1)

The Public Contracts (Scotland) Regulations 2015^f1 are amended as follows.

(2)

In regulation 2 (interpretation)—

(a)

omit the definition of “Defence and Security Regulations”;

(b)

after the definition of “CPV”, insert—

““defence and security contract” has the meaning given in section 7 of the Procurement Act 2023;”.

(3)

In regulation 3(5) (subject matter and application of these regulations), omit “as that list is to be treated for the purpose of Part 2 of the Public Contracts Regulations 2015”.

(4)

In regulation 4(1) (mixed procurement), for “the Defence and Security Regulations” substitute “would, if awarded as a separate contract, be considered a defence and security contract”.

(5)

In regulation 16(1) (specific situations: defence and security)—

(a)

in the words before sub-paragraph (a), omit “or design contests”;

(b)

in sub-paragraph (a), for “Defence and Security Regulations apply”, substitute “Procurement Act 2023 applies”;

(c)

for sub-paragraph (b), substitute—

“(b)

to which that Act does not apply pursuant to section 3 of that Act.”.

(6)

In regulation 17 (mixed procurement involving defence or security aspects)—

(a)

in paragraph (1), for “the Defence and Security Regulations” substitute “would be considered a defence and security contract”;

(b)

in paragraph (3), for “Defence and Security Regulations” substitute “Procurement Act 2023”;

(c)

in paragraph (5)(b), for “is covered by the Defence and Security Regulations, the procurement may be undertaken in accordance with those Regulations” substitute “would, if awarded as a separate contract, be considered a defence and security contract, the procurement may be undertaken in accordance with the Procurement Act 2023”;

(d)

in paragraph (7), for “Defence and Security Regulations” substitute “Procurement Act 2023”.

(7)

In Schedule 6 (consequential and miscellaneous amendments), omit paragraph 6.

Annotations

Footnotes

f1: S.S.I. 2015/446, as amended by S.S.I. 2020/468; there are other amending instruments but none is relevant.