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The Public Procurement (Miscellaneous Amendment) (Scotland) Regulations 2024

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Amendment of the Utilities Contracts (Scotland) Regulations 2016

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4.—(1) The Utilities Contracts (Scotland) Regulations 2016 are amended in accordance with paragraphs (2) to (7).

(2) In regulation 2(1) (interpretation), omit the definition of “the Retained Treaties”.

(3) In regulation 19(1)(a) (exclusion: contracts awarded and design contests organised pursuant to international rules), omit “,concluded in conformity with the Retained Treaties,”.

(4) In regulation 21 (exclusion: service contracts awarded on the basis of an exclusive right), omit from the words “which is compatible” to the end.

(5) In regulation 26(1)(a) (contracts and design contests involving defence and security aspects etc.), omit “, concluded in conformity with the Retained Treaties,”.

(6) In regulation 27(2)(c) and (5)(c) (exclusion: contracts between contracting authorities), omit “, in conformity with the Retained Treaties,”.

(7) In regulation 100(1) (duty owed to economic operators etc.), omit “, and with any retained EU obligation that is enforceable by virtue of section 4 of the European Union (Withdrawal) Act 2018 in respect of a contract, framework agreement, dynamic purchasing system or design contest falling within the scope of these Regulations,”.

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