Regulation 3A Regulation of procurement by UK contracting authoritiesF1

(1)

The provisions of these Regulations apply without modification where a UK contracting authority carries out a procurement under a devolved Scottish procurement arrangement and, as part of that arrangement, a contract is to be awarded following a procedure or other selection process carried out—

(a)

jointly by that authority and one or more contracting authorities, or

(b)

by a central purchasing body or equivalent which is a contracting authority.

(2)

In respect of a procurement not falling within paragraph (1) but to which paragraph (3) applies—

(a)

the provisions of these Regulations specified in column (1) of the table in schedule 7 apply in relation to that procurement, and

(b)

where there is a modification specified in column (2) of that table in respect of a provision specified in column (1), that provision applies subject to that modification.

(3)

This paragraph applies in relation to a procurement carried out by a UK contracting authority under a devolved Scottish procurement arrangement and, as part of that arrangement, a contract is to be awarded—

(a)

in accordance with a framework agreement, or

(b)

by reference to a dynamic purchasing system.

(4)

In this regulation and regulation 3B—

“devolved Scottish procurement arrangement” has the meaning given in section 114(4) of the Procurement Act 2023,
“UK contracting authority” means a contracting authority within the meaning of section 2(1) of the Procurement Act 2023.

Annotations

Textual amendments

F1: Regs. 3A, 3B inserted (20.12.2025) by The Cross-Border Public Procurement (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/392), regs. 1, 2(2)