Regulation 24 Mixed procurement covering the same activity and involving defence and security aspectsI1

Scotland

(1)

This regulation applies where a procurement has as its subject different types of procurement all covering the same activity, any part of which is covered by F1regulation 3(2) or F2is the supply of anything within section 7(1) of the Procurement Act 2023.

(2)

Where different parts of a given contract are objectively separable, a utility may decide to undertake procurement for the award of—

(a)

separate contracts for the separate parts; or

(b)

a single contract.

(3)

Any decision to undertake a procurement for the award of a single contract must not be made for the purpose of excluding the procurement from the application of these Regulations or the F3Procurement Act 2023.

(4)

Where a utility decides to undertake procurement for the award of separate contracts for separate parts the applicable law for the procurement of each separate part is to be determined by the characteristics of such part.

(5)

Where a utility decides, in accordance with paragraph (6), to undertake a procurement for the award of a single contract and—

(a)

part of the contract is covered by F4regulation 3(2), the contract may be awarded without applying these Regulations; or

(b)

part of the contract F5would, if awarded as a separate contract, be considered a defence and security contract, the procurement may be undertaken in accordance with the Procurement Act 2023, in which event these Regulations will not apply to such procurement.

(6)

A utility may only decide to undertake a procurement for the award of a single contract of a kind referred to in paragraph (5) where—

(a)

different parts of such a contract are not objectively separable; or

(b)

such decision is justified by objective reasons.

(7)

Paragraph (5)(b) is without prejudice to the thresholds and exclusions provided for by the F6Procurement Act 2023.

(8)

Paragraph (5)(a) applies to a mixed contract to which both paragraph (5)(a) and (5)(b) could otherwise apply.

Annotations

Textual amendments

F1: Words in reg. 24(1) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(14) (with sch. paras. 1-5)
F2: Words in reg. 24(1) substituted (24.2.2025) by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 21(7)(a)
F3: Words in reg. 24(3) substituted (24.2.2025) by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 21(7)(b)
F4: Words in reg. 24(5)(a) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(14) (with sch. paras. 1-5)
F5: Words in reg. 24(5)(b) substituted (24.2.2025) by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 21(7)(c)
F6: Words in reg. 24(7) substituted (24.2.2025) by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 21(7)(d)

Commencement

I1: Reg. 24 in force at 18.4.2016, see reg. 1(2)