Section 115 Powers relating to procurement arrangementsI1

United Kingdom

(1)

A Minister of the Crown may by regulations make provision, including provision amending this Act, for the purpose of regulating devolved Scottish authorities carrying out procurement under—

(a)

reserved procurement arrangements,

(b)

devolved Welsh procurement arrangements, or

(c)

transferred Northern Ireland procurement arrangements.

(2)

A Minister of the Crown may by regulations amend this Act for the purpose of disapplying provision so far as it relates to procurement under devolved Scottish procurement arrangements.

(3)

The Scottish Ministers may by regulations amend Scottish procurement legislation for the purpose of—

(a)

applying it in relation to procurement carried out by contracting authorities under devolved Scottish procurement arrangements;

(b)

disapplying it in relation to procurement carried out by devolved Scottish authorities under—

(i)

reserved procurement arrangements,

(ii)

devolved Welsh procurement arrangements, or

(iii)

transferred Northern Ireland procurement arrangements.

(4)

In this Act, “Scottish procurement legislation” means—

(a)

the Procurement Reform (Scotland) Act 2014 (asp 12),

(b)

the Public Contracts (Scotland) Regulations 2015 (S.S.I. 2015/446),

(c)

the Utilities Contracts (Scotland) Regulations 2016 (S.S.I. 2016/49),

(d)

the Concession Contracts (Scotland) Regulations 2016 (S.S.I. 2016/65), and

(e)

any legislation which modifies or replaces that legislation (including an Act of the Scottish Parliament).

Annotations

Commencement

I1: S. 115 not in force at Royal Assent, see s. 127(2)
I2: S. 115(1) in force at 12.3.2024 by S.I. 2024/361, reg. 2(p)
I3: S. 115(2)(3)(4) in force at 23.5.2024 by S.I. 2024/716, reg. 2(1)