Schedule 9A Procurement by devolved Scottish authoritiesF1
| Provision of the PA 2023 | Modification |
| (1) | (2) |
| Section 1 (procurement and covered procurement) | |
| Section 2 (contracting authorities) | |
| Section 3 (public contracts) | |
| Section 4 (valuation of contracts) | |
| Section 5 (mixed procurement: above and below threshold) | |
| Section 6 (utilities contracts) | Subsections (5) and (6) do not apply |
| Section 7 (defence and security contracts) | |
| Section 8 (concession contracts) | |
| Section 9 (light touch contracts) | Subsections (2) to (4) do not apply |
| Section 10 (mixed procurement: special regime contracts) | |
| Section 11 (covered procurement only in accordance with this Act) | |
| Section 19 (award of public contracts following a competitive tendering procedure) | Subsection (9) does not apply |
| Section 20 (competitive tendering procedure) | Subsection (9) does not apply |
| Section 21 (tender notices and associated tender documents) | |
| Section 22 (conditions of participation) | |
| Section 23 (award criteria) | |
| Section 24 (refining award criteria) | |
| Section 26 (excluding suppliers from a competitive award) | |
| Section 27 (excluding suppliers from a competitive flexible procedure) | |
| Section 28 (excluding suppliers by reference to sub-contractors) | |
| Section 29 (excluding a supplier that is a threat to national security) | |
| Section 30 (excluding suppliers for improper behaviour) | |
| Section 31 (modifying a section 19 procurement) | |
| Section 34 (competitive award by reference to dynamic markets) | |
| Section 35 (dynamic markets: establishment) | Subsection (3) does not apply |
| Section 40 (qualifying utilities dynamic market notices: no duty to publish a tender notice) | |
| Section 45 (frameworks) | Only subsections (1), (2) and (8) apply |
| Section 46 (frameworks: competitive selection process) | |
| Section 50 (contract award notices and assessment summaries) | Subsection (6)(b) does not apply |
| Section 51 (standstill periods on the award of contracts) | Subsections 3(a) to (c) do not apply |
| Section 53 (contract details notices) | Subsections (3) to (5) and (6)(b) do not apply |
| Section 54 (time limits) | The fourth entry in the table at subsection (4) (qualifying planned procurement notice) and the definition of “qualifying planned procurement notice” do not apply |
| Section 55 (procurement termination notices) | |
| Section 56 (technical specifications) | |
| Section 57 (meaning of excluded and excludable supplier) | |
| Section 58 (considering whether a supplier is excluded or excludable) | |
| Section 59 (notification of exclusion of supplier) | Subsections (1)(a)(iv) and (v) do not apply. |
| In 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 | |
| Section 62(3) (debarment list: definition of debarment list) | |
| Section 67 (electronic invoicing: implied term) | |
| Section 78 (implied right to terminate public contracts) | |
| Section 79 (terminating public contracts: national security) | |
| Section 80 (contract termination notices) | |
| Section 81 (conflicts of interest: duty to identify) | Applies as though the definition of Minister in subsection (4) includes “the Scottish Ministers, as defined by section 44(2) of the Scotland Act 1998” |
| Section 82 (conflicts of interest: duty to mitigate) | |
| Section 83 (conflicts assessment) | |
| F2Part 5A (outsourcing: protection of workers) | |
| Section 89 (treaty state suppliers) | Subsection (3) does not apply |
| Section 90 (treaty state suppliers: non-discrimination) | |
| Section 91 (treaty state suppliers: non-discrimination in Scotland) | |
| Section 92 (trade disputes) | |
| Section 94 (general exemptions from duties to publish or disclose information) | |
| Section 96 (electronic communications) | |
| Section 98 (record-keeping) | |
| Section 99 (data protection) | |
| Section 100 (duties under this Act enforceable in civil proceedings) | Applies 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 |
| Section 101 (automatic suspension of the entry into or modification of contracts | Applies in relation to entry into a public contract only, and as though, in subsection (5), the reference to section 76 were omitted |
| Section 102 (interim remedies) | Applies as though, in subsection (3), the reference to section 76 were omitted |
| Section 103 (pre-contractual remedies) | |
| Section 104 (post-contractual remedies) | |
| Section 105 (post-contractual remedies: set aside conditions) | Applies as though, in subsection (1)(b), the reference to section 76 were omitted, and subsection (3) were omitted. |
| Section 106 (time limits on claims) | |
| Section 107 (Part 9 proceedings and closed material procedure) | |
| Part 11 (appropriate authorities and cross-border procurement) | |
| Section 123 (interpretation) | Subsection (4) does not apply |
| Section 126 (extent) | |
| Section 128 (short title) | |
| Schedule 1 (threshold amounts) | |
| Schedule 2 (exempted contracts) | |
| Schedule 3 (estimating the value of a contract) | |
| Schedule 4 (utility activities) | |
| Schedule 6 (mandatory exclusion grounds) | |
| Schedule 7 (discretionary exclusion grounds) | |
| Schedule 9 (treaty state suppliers) | |
| Schedule 9A (procurement by devolved Scottish authorities) | |
| Schedule 10 (single source defence contracts) | |
| Schedule 11 (repeals and revocations) |
Annotations
Textual amendments
- F1
Sch. 9A inserted (24.2.2025) by The Procurement Regulations 2024 (S.I. 2024/692), regs. 1(2), 47(4); S.I. 2024/716, Sch. (as amended by S.I. 2024/959, regs. 1(2), 2(7)(a))
- F2
Words in Sch. 9A inserted (6.1.2026 for specified purposes) by Employment Rights Act 2025 (c. 36), ss. 32(7), 159(3); S.I. 2026/3, reg. 2(16)(b)