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The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2020, ISBN 9780111047545

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

These draft Regulations supersede the draft of the same title which was laid before the Scottish Parliament and published on 4th November 2020 (ISBN 978-0-11-104714-9). It is being issued free of charge to all known recipients of those draft Regulations.

Draft Regulations laid before the Scottish Parliament under section 22 and paragraph 1(6) of Schedule 7 of the European Union (Withdrawal) Act 2018 for approval by resolution of the Scottish Parliament.

Exiting The European Union

Public Procurement

Made 2020

Coming into force in accordance with regulation 1

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972f1, paragraphs 1(1) and (3) of Part 1 and 11G(1) and (3) of Part 1B of schedule 2 of the European Union (Withdrawal) Act 2018f2 and all other powers enabling them to do so.

In accordance with paragraph 4(a) and (b) of schedule 2 of the European Union (Withdrawal) Act 2018f3, the Scottish Ministers have consulted with the Secretary of State.

In accordance with section 22 and paragraph 1(6) of schedule 7 of the European Union (Withdrawal) Act 2018, a draft of this instrument has been laid before and approved by the Scottish Parliament.

Annotations to the whole text

Footnotes

f1

1972 c.68 (“the 1972 Act”). The 1972 Act was repealed by section 1 of the European Union (Withdrawal) Act 2018 (c.16) (“the 2018 Act”) with effect from exit day (see section 20 of the 2018 Act), but saved, subject to modifications, until IP completion day by section 1A of that Act. Section 1A of the 2018 Act was inserted by the European Union (Withdrawal Agreement) Act 2020 (c.1) (“the 2020 Act”) and defined “IP completion day” by reference to section 39(1) to (5) of the 2020 Act. Section 2(2) was amended by the Scotland Act 1998 (c.46) (“the 1998 Act”), schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7) (“the 2008 Act”), section 3(3) and schedule, Part 1. The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.

f2

2018 c.16. Paragraph 11G was inserted by section 19 of the 2020 Act.

f3

Paragraph 4 of schedule 2 of the 2018 Act was amended by section 27(7)(a) of the 2020 Act.

Contents

  1. Part 1: GENERAL
  2. 1Citation, commencement and extent
  3. 2Transitional and savings provisions and revocation
  4. Part 2: AMENDMENT OF PRIMARY LEGISLATION
  5. 3The Procurement Reform (Scotland) Act 2014
  6. Part 3: AMENDMENT OF SECONDARY LEGISLATION
  7. Chapter 1: THE PUBLIC CONTRACTS (SCOTLAND) REGULATIONS 2015
  8. 4Amendments commenced on IP completion day
  9. 5Amendments commenced 12 months after IP completion day
  10. Chapter 2: THE UTILITIES CONTRACTS (SCOTLAND) REGULATIONS 2016
  11. 6Amendments commenced on IP completion day
  12. 7Amendments commenced 12 months after IP completion day
  13. Chapter 3: THE CONCESSION CONTRACTS (SCOTLAND) REGULATIONS 2016
  14. 8Amendments commenced on IP completion day
  15. 9Amendment commenced 12 months after IP completion day
  16. Chapter 4
  17. 10Amendment of the Procurement (Scotland) Regulations 2016
  18. Chapter 5: AMENDMENT OF OTHER SUBORDINATE LEGISLATION
  19. 11The Public Contracts (Scotland) Regulations 2012
  20. 12The Utilities Contracts (Scotland) Regulations 2012
  21. Part 4: AMENDMENT OF RETAINED DIRECT EU LEGISLATION
  22. 13Commission Implementing Regulation (EU) 2016/7
  23. Signature
  24. Schedule: TRANSITIONAL AND SAVINGS PROVISIONS
  25. Part 1: INTERPRETATION
  26. 1Interpretation of Schedule
  27. Part 2: PROCUREMENTS PENDING ETC. ON IP COMPLETION DAY
  28. 2Meaning of “steady state amendments”
  29. 3Saving for procedures launched, but not finalised, before IP completion day
  30. 4Saving for call-off procedures under certain framework agreements
  31. 5Transitional modification of the Procurement Regulations
  32. Part 3: PROVISIONS COMMENCED ON IP COMPLETION DAY
  33. 6Procurement involving contracting authorities or utilities from other member States
  34. 7Saving of implied power to terminate contracts
  35. 8Saving of regulation 55(5) of the Concession Contracts Regulations 2016
  36. 9Saving in relation to voluntary ex ante transparency notices
  37. Part 4: PROVISIONS COMMENCED 12 MONTHS AFTER IP COMPLETION DAY
  38. 10Saving in relation to procurements commenced before regulations 5, 7 and 9 come into force
  39. 11Saving in relation to procurements commenced before regulations 5, 7 and 9 come into force
  40. 12Saving in relation to procurements commenced before regulations 5, 7 and 9 come into force
  41. 13Saving in relation to procurements commenced before regulations 5, 7 and 9 come into force
  42. 14Saving in relation to procurements commenced before regulations 5, 7 and 9 come into force
  43. 15Saving in relation to procurements commenced before regulations 5, 7 and 9 come into force
  44. Explanatory note