# The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020, Paragraph 3: Saving for procedures launched, but not finalised, before IP completion day


(1) Steady state amendments do not affect any procedure launched by a contracting authority or a utility under the Procurement Regulations if the procedure —
(a) was launched before IP completion day, and
(b) was not yet finalised by IP completion day.
(2) But regulation 62 (recourse to e-Certis) of the Public Contracts (Scotland) Regulations 2015 (which is omitted by regulation 4(43)(b)(ii) of these Regulations) ceases to be saved at the beginning of the day that is 9 months after the day on which IP completion day falls.
Meaning of ‘procedure’
(3) In sub-paragraph (1), “procedure” includes—
(a) a procedure using a dynamic purchasing system,
(b) a procedure for which the call for competition takes the form of—
(i) a prior information notice,
(ii) a periodic indicative notice, or
(iii) a notice on the existence of a qualification system.
Meaning of ‘launched’
(4) For the purposes of sub-paragraph (1), a procedure is launched—
(a) when a call for competition or any other invitation to submit applications has been made in accordance with the Procurement Regulations,
(b) where the Procurement Regulations do not require such a call or invitation, when the contracting authority or utility contacted economic operators in relation to the specific procedure.
Meaning of ‘finalised’
(5) For the purposes of sub-paragraph (1), a procedure is finalised—
(a) upon publication of a contract award notice in accordance with the Procurement Regulations,
(b) where the Procurement Regulations do not require the publication of such a notice, upon conclusion of the relevant contract,
(c) where the contracting authority or utility decided not to award a contract, upon informing the tenderers, or persons otherwise entitled to submit applications, of the reasons why the contract was not awarded.

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Source: https://www.legislation.gov.uk/sdsi/2020/9780111047149/schedule/paragraph/3 (the official version)
Page: https://openlegislation.uk/draft-public-procurement-etc-eu-exit-scotland-amendment-regulations-2020-sdsi-2020-9780111047149/schedule/paragraph-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.