# The Public Procurement (Miscellaneous Amendment) (Scotland) Regulations 2024, Regulation 2: Saving


(1) The amendments made by these Regulations do not apply to a procurement commenced before 10 January 2025.
(2) For the purposes of paragraph (1)—
(a) a procurement commences when the person carrying out the procurement, or a person acting on that person’s behalf—
(i) publishes an advertisement seeking expressions of interest or offers in relation to the contract to be awarded at the conclusion of the procurement,
(ii) contacts another person to seek an expression of interest or offer in relation to the contract, or
(iii) responds to an unsolicited expression of interest or offer in relation to the contract,
(b) nothing done in the course of holding a design contest is to be regarded as commencing a procurement in relation to the subject matter of the contest.
(3) In this regulation—
“2014 Act” means the Procurement Reform (Scotland) Act 2014,
“contract” includes—
(a) a framework agreement (as defined by section 6 of the 2014 Act, the Public Contracts Regulations, or the Utilities Contracts Regulations (as the case may be)), and references to a contract’s award include conclusion of a framework agreement,
(b) a dynamic purchasing system (as defined by section 7 of the 2014 Act, the Public Contracts Regulations, or the Utilities Contracts Regulations (as the case may be)), and references to a contract’s award include the establishment of a dynamic purchasing system,
“design contest” means any process treated as a design contest by the Public Contracts Regulations or the Utilities Contracts Regulations (as the case may be),
“procurement” means the process leading to the award of a contract,
“Public Contracts Regulations” means the Public Contracts (Scotland) Regulations 2015,
“Utilities Contracts Regulations” means the Utilities Contracts (Scotland) Regulations 2016.

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Source: https://www.legislation.gov.uk/ssi/2024/338/regulation/2 (the official version)
Page: https://openlegislation.uk/public-procurement-miscellaneous-amendment-scotland-regulations-2024/regulation-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

