Regulation 25 Procurement covering several activities and involving defence or security aspectsI1

Scotland

(1)

This regulation applies where a procurement has as its subject a contract covering more than one activity, where one or more of those activities are covered by F1regulation 3(2) or F2are the supply of anything within section 7(1) of the Procurement Act 2023.

(2)

A utility may decide to undertake procurement for the award of—

(a)

separate contracts for the separate activities; 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 activities the applicable law for the procurement of each separate activity will be determined by the characteristics of such activity.

(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 intended to cover an activity which is covered by F4regulation 3(2), the contract may be awarded without applying these Regulations; or

(b)

part of the contract F5would, if it were 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 do 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 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. 25(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(15) (with sch. paras. 1-5)
F2: Words in reg. 25(1) substituted (24.2.2025) by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 21(8)(a)
F3: Words in reg. 25(3) substituted (24.2.2025) by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 21(8)(b)
F4: Words in reg. 25(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(15) (with sch. paras. 1-5)
F5: Words in reg. 25(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(8)(c)
F6: Words in reg. 25(7) substituted (24.2.2025) by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 21(8)(d)

Commencement

I1: Reg. 25 in force at 18.4.2016, see reg. 1(2)