{
  "url": "https://openlegislation.uk/draft-procurement-regulations-2024/regulation-47",
  "json_url": "https://openlegislation.uk/draft-procurement-regulations-2024/regulation-47.json",
  "legislation": "ukdsi/2024/9780348259728",
  "legislation_title": "The Procurement Regulations 2024",
  "legislation_url": "https://openlegislation.uk/draft-procurement-regulations-2024",
  "path": "regulation/47",
  "kind": "regulation",
  "number": "47",
  "heading": "Regulation of procurement by devolved Scottish authorities",
  "text": "(1) The PA 2023 is amended as follows.\n(2) In section 2(5)(a) (contracting authorities), after “authority” insert “, except where a devolved Scottish authority carries out procurement falling within section 115A”.\n(3) After section 115, insert—\n“Application of this Act where a devolved Scottish authority carries out procurement under a reserved procurement arrangement etc.\n115A (1) This Act applies, without modification, where a devolved Scottish authority carries out procurement under a reserved procurement arrangement, a devolved Welsh procurement arrangement or a transferred Northern Ireland procurement arrangement, and as part of that procurement arrangement a contract is to be awarded following a procedure or other selection process carried out—\n(a) jointly by that authority and one or more contracting authority which is not a devolved Scottish authority, or\n(b) by a centralised procurement authority or equivalent body.\n(2) In respect of procurement not falling within subsection (1) but to which subsection (3) applies—\n(a) the provisions of this Act specified in column (1) of the Table in Schedule 9A apply in relation to that procurement, and\n(b) where there is a modification specified in column (2) in respect of a provision specified in column (1), that provision applies subject to that modification.\n(3) This subsection applies in relation to procurement carried out by a devolved Scottish authority under a reserved procurement arrangement, a devolved Welsh arrangement or a transferred Northern Ireland procurement, and as part of that procurement arrangement a contract is to be awarded—\n(a) in accordance with a framework or similar arrangement, or\n(b) by reference to a dynamic market, a utilities dynamic market or similar arrangement.\n(4) This section applies only to a devolved Scottish authority which is—\n(a) a contracting authority within the meaning of regulation 2(1) of the Public Contracts (Scotland) Regulations 2015, or\n(b) a utility within the meaning of regulation 4 of the Utilities Contracts (Scotland) Regulations 2016.”.\n(4) After Schedule 9, insert—\n“Schedule 9A\nProcurement by devolved scottish authorities\nSection 115A\nProvision of the PA 2023\nModification\n(1)\n(2)\nSection 1 (procurement and covered procurement)\nSection 2 (contracting authorities)\nSection 3 (public contracts)\nSection 4 (valuation of contracts)\nSection 5 (mixed procurement: above and below threshold)\nSection 6 (utilities contracts)\nSubsections (5) and (6) do not apply\nSection 7 (defence and security contracts)\nSection 8 (concession contracts)\nSection 9 (light touch contracts)\nSubsections (2) to (4) do not apply\nSection 10 (mixed procurement: special regime contracts)\nSection 11 (covered procurement only in accordance with this Act)\nSection 19 (award of public contracts following a competitive tendering procedure)\nSubsection (9) does not apply\nSection 20 (competitive tendering procedure)\nSubsection (9) does not apply\nSection 21 (tender notices and associated tender documents)\nSection 22 (conditions of participation)\nSection 23 (award criteria)\nSection 24 (refining award criteria)\nSection 26 (excluding suppliers from a competitive award)\nSection 27 (excluding suppliers from a competitive flexible procedure)\nSection 28 (excluding suppliers by reference to sub-contractors)\nSection 29 (excluding a supplier that is a threat to national security)\nSection 30 (excluding suppliers for improper behaviour)\nSection 31 (modifying a section 19 procurement)\nSection 34 (competitive award by reference to dynamic markets)\nSection 35 (dynamic markets: establishment)\nSubsection (3) does not apply\nSection 40 (qualifying utilities dynamic market notices: no duty to publish a tender notice)\nSection 45 (frameworks)\nOnly subsections (1), (2) and (8) apply\nSection 46 (frameworks: competitive selection process)\nSection 50 (contract award notices and assessment summaries)\nSubsection (6)(b) does not apply\nSection 51 (standstill periods on the award of contracts)\nSubsections 3(a) to (c) do not apply\nSection 53 (contract details notices)\nSubsections (3) to (5) and (6)(b) do not apply\nSection 54 (time limits)\nThe fourth entry in the table at subsection (4) (qualifying planned procurement notice) and the definition of “qualifying planned procurement notice” do not apply\nSection 55 (procurement termination notices)\nSection 56 (technical specifications)\nSection 57 (meaning of excluded and excludable supplier)\nSection 58 (considering whether a supplier is excluded or excludable)\nSection 59 (notification of exclusion of supplier)\nSubsections (1)(a)(iv) and (v) do not apply.\nIn respect of a procurement carried out by a devolved Scottish authority, the “relevant appropriate authority” is the Scottish Ministers, as defined by section 44(2) of the Scotland Act 1998\nSection 62(3) (debarment list: definition of debarment list)\nSection 67 (electronic invoicing: implied term)\nSection 78 (implied right to terminate public contracts)\nSection 79 (terminating public contracts: national security)\nSection 80 (contract termination notices)\nSection 81 (conflicts of interest: duty to identify)\nApplies as though the definition of Minister in subsection (4) includes “the Scottish Ministers, as defined by section 44(2) of the Scotland Act 1998”\nSection 82 (conflicts of interest: duty to mitigate)\nSection 83 (conflicts assessment)\nSection 89 (treaty state suppliers)\nSubsection (3) does not apply\nSection 90 (treaty state suppliers: non-discrimination)\nSection 91 (treaty state suppliers: non-discrimination in Scotland)\nSection 92 (trade disputes)\nSection 94 (general exemptions from duties to publish or disclose information)\nSection 96 (electronic communications)\nSection 98 (record-keeping)\nSection 99 (data protection)\nSection 100 (duties under this Act enforceable in civil proceedings)\nApplies as though: (a) in subsection (1), the reference to Parts of the PA 2023 were replaced by the provisions of that Act specified to apply by section 115A and this Schedule; and (b) subsection (5) were omitted\nSection 101 (automatic suspension of the entry into or modification of contracts\nApplies in relation to entry into a public contract only, and as though, in subsection (5), the reference to section 76 were omitted\nSection 102 (interim remedies)\nApplies as though, in subsection (3), the reference to section 76 were omitted\nSection 103 (pre-contractual remedies)\nSection 104 (post-contractual remedies)\nSection 105 (post-contractual remedies: set aside conditions)\nApplies as though, in subsection (1)(b), the reference to section 76 were omitted, and subsection (3) were omitted.\nSection 106 (time limits on claims)\nSection 107 (Part 9 proceedings and closed material procedure)\nPart 11 (appropriate authorities and cross-border procurement)\nSection 123 (interpretation)\nSubsection (4) does not apply\nSection 126 (extent)\nSection 128 (short title)\nSchedule 1 (threshold amounts)\nSchedule 2 (exempted contracts)\nSchedule 3 (estimating the value of a contract)\nSchedule 4 (utility activities)\nSchedule 6 (mandatory exclusion grounds)\nSchedule 7 (discretionary exclusion grounds)\nSchedule 9 (treaty state suppliers)\nSchedule 9A (procurement by devolved Scottish authorities)\nSchedule 10 (single source defence contracts)\nSchedule 11 (repeals and revocations)\n”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.S.I. 2015/446, as amended by paragraph 17(2) of Schedule 3 of the Advanced Research and Invention Agency Act 2022 c. 4. There are other amendments which are not relevant."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "S.S.I. 2016/49, to which there are amendments, none of which are relevant."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "1998 c. 46."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2024/9780348259728/regulation/47",
    "retrieved_at": "2026-10-30T14:41:20.056402+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}