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19.—(1) The Public Contracts (Scotland) Regulations 2015(1) are amended as follows.
(2) In regulation 2 (interpretation)—
(a)omit the definition of “Defence and Security Regulations”;
(b)after the definition of “CPV”, insert—
““defence and security contract” has the meaning given in section 7 of the Procurement Act 2023;”.
(3) In regulation 3(5) (subject matter and application of these regulations), omit “as that list is to be treated for the purpose of Part 2 of the Public Contracts Regulations 2015”.
(4) In regulation 4(1) (mixed procurement), for “the Defence and Security Regulations” substitute “would, if awarded as a separate contract, be considered a defence and security contract”.
(5) In regulation 16(1) (specific situations: defence and security)—
(a)in the words before sub-paragraph (a), omit “or design contests”;
(b)in sub-paragraph (a), for “Defence and Security Regulations apply”, substitute “Procurement Act 2023 applies”;
(c)for sub-paragraph (b), substitute—
“(b)to which that Act does not apply pursuant to section 3 of that Act.”.
(6) In regulation 17 (mixed procurement involving defence or security aspects)—
(a)in paragraph (1), for “the Defence and Security Regulations” substitute “would be considered a defence and security contract”;
(b)in paragraph (3), for “Defence and Security Regulations” substitute “Procurement Act 2023”;
(c)in paragraph (5)(b), for “is covered by the Defence and Security Regulations, the procurement may be undertaken in accordance with those Regulations” substitute “would, 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”;
(d)in paragraph (7), for “Defence and Security Regulations” substitute “Procurement Act 2023”.
(7) In Schedule 6 (consequential and miscellaneous amendments), omit paragraph 6.
S.S.I. 2015/446, as amended by S.S.I. 2020/468; there are other amending instruments but none is relevant.
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