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The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

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

Draft 2019, ISBN 9780111040676

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.

This draft Scottish Statutory Instrument supersedes the draft Scottish Statutory Instrument of the same title published on 22 January 2019 (ISBN 978-0-11-104056-0) and is being issued free of charge to all known recipients of that previously published draft Scottish Statutory Instrument.

Draft Regulations laid before the Scottish Parliament under paragraph 1(6) of Part 1 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 2019

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 and paragraph 1(1) and (3) of Part 1 of schedule 2 of the European Union (Withdrawal) Act 2018 (“the Act”)f2.

Annotations to the whole text

Footnotes

f1

1972 c.68. 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. Paragraph 1A of schedule 2 was inserted by the 2006 Act, section 28, and was amended by the 2008 Act, schedule, Part 1.

f2

2018 c.16.

Contents

  1. Part 1: GENERAL
  2. 1Citation, commencement, extent and transitional and saving provision
  3. Part 2: AMENDMENT OF PRIMARY LEGISLATION
  4. 2The Procurement Reform (Scotland) Act 2014
  5. Part 3: AMENDMENT OF SECONDARY LEGISLATION
  6. Chapter 1: THE PUBLIC CONTRACTS (SCOTLAND) REGULATIONS 2015
  7. 3Amendments commenced on exit day
  8. 4Amendments commenced eight months after exit day
  9. Chapter 2: THE UTILITIES CONTRACTS (SCOTLAND) REGULATIONS 2016
  10. 5Amendments commenced on exit day
  11. 6Amendments commenced eight months after exit day
  12. Chapter 3: THE CONCESSION CONTRACTS (SCOTLAND) REGULATIONS 2016
  13. 7Amendments commenced on exit day
  14. 8Amendment commenced eight months after exit day
  15. Chapter 4
  16. 9Amendment of the Procurement (Scotland) Regulations 2016
  17. Chapter 5: AMENDMENT OF OTHER SUBORDINATE LEGISLATION
  18. 10The Public Contracts (Scotland) Regulations 2012
  19. 11The Utilities Contracts (Scotland) Regulations 2012
  20. Signature
  21. Schedule: TRANSITIONAL AND SAVINGS PROVISIONS
  22. 1Interpretation
  23. 2General principles
  24. 3Transitional provision for the Public Contracts (Scotland) Regulations 2015
  25. 4Transitional provision for the Utilities Contracts (Scotland) Regulations 2016
  26. 5Savings in relation to procurements commenced before exit day
  27. 6Procurement involving contracting authorities or utilities from other member States
  28. 7Saving with modification of certain references to compatibility with EU law
  29. 8Saving of implied power to terminate contracts
  30. 9Saving with modification of certain references to design contests in relation to procurements commenced before exit day
  31. 10Saving, in relation to procurements commenced before exit day, of duty owed to economic operators from EEA states
  32. 11Saving, in relation to procurements commenced before exit day, of duty owed to economic operators from states party to certain bilateral agreements
  33. 12Saving in relation to procurements commenced before regulations 4, 6 and 8 come into force
  34. 13Saving in relation to affiliated undertakings
  35. Explanatory note