The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

1Citation, commencement, extent and transitional and saving provision

PART 2AMENDMENT OF PRIMARY LEGISLATION

2The Procurement Reform (Scotland) Act 2014

PART 3AMENDMENT OF SECONDARY LEGISLATION

CHAPTER 1THE PUBLIC CONTRACTS (SCOTLAND) REGULATIONS 2015

3Amendments commenced on exit day

4Amendments commenced eight months after exit day

CHAPTER 2THE UTILITIES CONTRACTS (SCOTLAND) REGULATIONS 2016

5Amendments commenced on exit day

6Amendments commenced eight months after exit day

CHAPTER 3THE CONCESSION CONTRACTS (SCOTLAND) REGULATIONS 2016

7Amendments commenced on exit day

8Amendment commenced eight months after exit day

9Amendment of the Procurement (Scotland) Regulations 2016

CHAPTER 5AMENDMENT OF OTHER SUBORDINATE LEGISLATION

10The Public Contracts (Scotland) Regulations 2012

11The Utilities Contracts (Scotland) Regulations 2012

SCHEDULETRANSITIONAL AND SAVINGS PROVISIONS

1Interpretation

2General principles

3Transitional provision for the Public Contracts (Scotland) Regulations 2015

4Transitional provision for the Utilities Contracts (Scotland) Regulations 2016

5Savings in relation to procurements commenced before exit day

6Procurement involving contracting authorities or utilities from other member States

7Saving with modification of certain references to compatibility with EU law

8Saving of implied power to terminate contracts

9Saving with modification of certain references to design contests in relation to procurements commenced before exit day

10Saving, in relation to procurements commenced before exit day, of duty owed to economic operators from EEA states

11Saving, in relation to procurements commenced before exit day, of duty owed to economic operators from states party to certain bilateral agreements

12Saving in relation to procurements commenced before regulations 4, 6 and 8 come into force

13Saving in relation to affiliated undertakings

This draft Scottish Statutory Instrument supersedes the draft Scottish Statutory Instrument of the same title published on 22 January 2019 (ISBN 978-0-11-104056-0) and is being issued free of charge to all known recipients of that previously published draft Scottish Statutory Instrument.

Draft Regulations laid before the Scottish Parliament under paragraph 1(6) of Part 1 of schedule 7 of the European Union (Withdrawal) Act 2018 for approval by resolution of the Scottish Parliament

2019 No.

Exiting The European Union

Public Procurement

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

Made2019

Coming into force in accordance with regulation 1

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 19721 and paragraph 1(1) and (3) of Part 1 of schedule 2 of the European Union (Withdrawal) Act 2018 (“the Act”)2.