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 authority, 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 4 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 market system.

(4)

In this regulation, and as the case may be, 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, 3(2)