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The Public Contracts (Scotland) Regulations 2015
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Changes over time for: Section 49
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Changes to legislation:
The Public Contracts (Scotland) Regulations 2015, Section 49 is up to date with all changes known to be in force on or before 03 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
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Changes and effects yet to be applied to Regulation 49:
- Regulations applied by 2023 c. 54 s. 119(2)(a)
- reg. 49(2)(a)(b) and words inserted by S.S.I. 2019/112 reg. 3(31)(a) (This amendment not applied to legislation.gov.uk. S.S.I. 2019/112 revoked immediately before IP completion day by S.S.I. 2020/468, regs. 1(3), 2(2)(a))
- reg. 49(3)(a) word substituted by S.S.I. 2019/112 reg. 3(31)(b)(i) (This amendment not applied to legislation.gov.uk. S.S.I. 2019/112 revoked immediately before IP completion day by S.S.I. 2020/468, regs. 1(3), 2(2)(a))
- reg. 49(3)(a) words substituted by S.S.I. 2019/112 reg. 3(31)(b)(ii) (This amendment not applied to legislation.gov.uk. S.S.I. 2019/112 revoked immediately before IP completion day by S.S.I. 2020/468, regs. 1(3), 2(2)(a))
- reg. 49(3)(b) words substituted by S.S.I. 2019/112 reg. 3(31)(c) (This amendment not applied to legislation.gov.uk. S.S.I. 2019/112 revoked immediately before IP completion day by S.S.I. 2020/468, regs. 1(3), 2(2)(a))
- reg. 49(4) word substituted by S.S.I. 2019/112 reg. 3(31)(d)(i) (This amendment not applied to legislation.gov.uk. S.S.I. 2019/112 revoked immediately before IP completion day by S.S.I. 2020/468, regs. 1(3), 2(2)(a))
- reg. 49(4) words substituted by S.S.I. 2019/112 reg. 3(31)(d)(ii) (This amendment not applied to legislation.gov.uk. S.S.I. 2019/112 revoked immediately before IP completion day by S.S.I. 2020/468, regs. 1(3), 2(2)(a))
- reg. 49(5) words inserted by S.S.I. 2019/112 reg. 3(31)(e) (This amendment not applied to legislation.gov.uk. S.S.I. 2019/112 revoked immediately before IP completion day by S.S.I. 2020/468, regs. 1(3), 2(2)(a))
- reg. 49(6)(c) words substituted by S.S.I. 2019/112 reg. 3(31)(f)(i)(aa) (This amendment not applied to legislation.gov.uk. S.S.I. 2019/112 revoked immediately before IP completion day by S.S.I. 2020/468, regs. 1(3), 2(2)(a))
- reg. 49(6)(c) words substituted by S.S.I. 2019/112 reg. 3(31)(f)(i)(bb) (This amendment not applied to legislation.gov.uk. S.S.I. 2019/112 revoked immediately before IP completion day by S.S.I. 2020/468, regs. 1(3), 2(2)(a))
- reg. 49(6)(d) word substituted by S.S.I. 2019/112 reg. 3(31)(f)(ii)(aa) (This amendment not applied to legislation.gov.uk. S.S.I. 2019/112 revoked immediately before IP completion day by S.S.I. 2020/468, regs. 1(3), 2(2)(a))
- reg. 49(6)(d) words substituted by S.S.I. 2019/112 reg. 3(31)(f)(ii)(bb) (This amendment not applied to legislation.gov.uk. S.S.I. 2019/112 revoked immediately before IP completion day by S.S.I. 2020/468, regs. 1(3), 2(2)(a))
- reg. 49(7) word substituted by S.S.I. 2019/112 reg. 3(31)(g)(i) (This amendment not applied to legislation.gov.uk. S.S.I. 2019/112 revoked immediately before IP completion day by S.S.I. 2020/468, regs. 1(3), 2(2)(a))
- reg. 49(7) words substituted by S.S.I. 2019/112 reg. 3(31)(g)(ii) (This amendment not applied to legislation.gov.uk. S.S.I. 2019/112 revoked immediately before IP completion day by S.S.I. 2020/468, regs. 1(3), 2(2)(a))
- reg. 49(7) words substituted by S.S.I. 2019/112 reg. 3(31)(g)(iii) (This amendment not applied to legislation.gov.uk. S.S.I. 2019/112 revoked immediately before IP completion day by S.S.I. 2020/468, regs. 1(3), 2(2)(a))
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- reg. 11(1)(e)(i)(aa) words substituted by S.S.I. 2019/112 reg. 3(11)(a)(i) (This amendment not applied to legislation.gov.uk. S.S.I. 2019/112 revoked immediately before IP completion day by S.S.I. 2020/468, regs. 1(3), 2(2)(a))
- reg. 11(1)(e)(i)(bb) words substituted by S.S.I. 2019/112 reg. 3(11)(a)(ii) (This amendment not applied to legislation.gov.uk. S.S.I. 2019/112 revoked immediately before IP completion day by S.S.I. 2020/468, regs. 1(3), 2(2)(a))
- reg. 78(1)(i)(ii) and words inserted by S.S.I. 2019/112 reg. 3(52)(a) (This amendment not applied to legislation.gov.uk. S.S.I. 2019/112 revoked immediately before IP completion day by S.S.I. 2020/468, regs. 1(3), 2(2)(a))
Prior information noticesS
This section has no associated Policy Notes
49.—(1) A contracting authority may make known its intentions of planned procurements through the publication of a prior information notice.
(2) A prior information notice must contain the information set out in section I of Part B of Annex V to the Directive [F1, but as if—
(a)in paragraph 2, “the second and third sub-paragraph of Article 53(1)” were a reference to regulation 54(3) and (4) of these Regulations, and
(b)in paragraph 9, “date of dispatch” were a reference to the date on which the notice is submitted to the UK e-notification service for the purposes of these Regulations].
(3) A contracting authority wishing to publish a prior information notice must—
(a)[F2submit] it for publication in accordance with regulation 52 ([F3publication on the UK e-notification service]); or
(b)publish it on the contracting authority's buyer profile in accordance with regulation 53 (publication [F4otherwise than on the UK e-notification service]).
(4) Where the prior information notice is published by the contracting authority on its buyer profile, the contracting authority must [F5submit] for publication, in accordance with regulation 52 ([F6publication on the UK e-notification service]), a notice of the publication on its buyer profile.
(5) The notice of publication referred to in paragraph (4) must contain the information set out in Part A of Annex V to the Directive [F7, but as if, in paragraph 6, “date of dispatch” were a reference to the date on which the notice is submitted to the UK e-notification service for the purposes of these Regulations].
F8(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) [F10The] period covered by a prior information notice must be a maximum of 12 months from the date on which the notice is sent for publication.
F11(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Reg. 49(2)(a)(b) and words inserted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 4(32)(a) (with sch. paras. 1-5)
F2Word in reg. 49(3)(a) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 4(32)(b)(i) (with sch. paras. 1-5)
F3Words in reg. 49(3)(a) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 4(32)(b)(ii) (with sch. paras. 1-5)
F4Words in reg. 49(3)(b) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 4(32)(c) (with sch. paras. 1-5)
F5Word in reg. 49(4) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 4(32)(d)(i) (with sch. paras. 1-5)
F6Words in reg. 49(4) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 4(32)(d)(ii) (with sch. paras. 1-5)
F7Words in reg. 49(5) inserted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 4(32)(e) (with sch. paras. 1-5)
F8Reg. 49(6) omitted (30.5.2023) by virtue of The Public Procurement (Miscellaneous Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/124), regs. 2, 4(12)(a) (with reg. 3)
F9Reg. 49(7) omitted (30.5.2023) by virtue of The Public Procurement (Miscellaneous Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/124), regs. 2, 4(12)(a) (with reg. 3)
F10Word in reg. 49(8) substituted (30.5.2023) by The Public Procurement (Miscellaneous Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/124), regs. 2, 4(12)(b) (with reg. 3)
F11Reg. 49(9) omitted (30.5.2023) by virtue of The Public Procurement (Miscellaneous Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/124), regs. 2, 4(12)(c) (with reg. 3)
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