- Draft legislation
This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 (revoked) No. 112
9.—(1) The Procurement (Scotland) Regulations 2016(1) are amended as follows—
(a)in regulation 7 (publication of contract notices, prior information notices and award notices on the Public Contracts website)—
(i)in paragraph (1) for “an EU regulated procurement” substitute “a higher value regulated procurement”,
(ii)in paragraph (4), after “Directive” insert—
“, but as if—
(a)in paragraph 2, reference to “for the reasons set out in the second and third subparagraphs of Article 53(1),” were omitted,
(b)paragraph 24 (financing by EU funds) were omitted,
(c)in paragraph 26, “in the Official Journal of the European Union” read “on the Public Contracts website”,
(d)in paragraph 28, “date of dispatch” were a reference to the date on which the notice is submitted to the Public Contracts website”,
(iii)in paragraph (5), after “Directive” insert—
“, but as if—
(a)in section I—
(i)in paragraph 2, reference to “for the reasons set out in the second and third subparagraphs of Article 53(1),” were omitted,
(ii)in paragraph 9 “date of dispatch” were a reference to the date on which the notice is submitted to the Public Contracts website, and
(b)in section II, paragraph 12 were omitted”,
(iv)in paragraph (7), after “Directive” insert—
“, but as if—
(a)in paragraph 9, “referred to in Article 67” were omitted,
(b)in paragraph 11(b), the words “member State or from a third” were omitted,
(c)paragraph 15 (financing by EU funds) were omitted,
(d)in paragraph 17, “in the Official Journal of the European Union” read “on the Public Contracts website”,
(e)in paragraph 18, “date of dispatch” were a reference to the date on which the notice is submitted to the Public Contracts website”,
(b)in regulation 8(1) (selection of tenderers: exclusion of economic operators on grounds of criminal activity)—
(i)omit sub-paragraph (e),
(ii)in sub-paragraph (k), for “Article 57(1)” substitute “Article 57(1)(a), (b), (d), (e) or (f)”,
(c)in regulation 10 (selection of tenderers: selection criteria), omit paragraph (5),
(d)in regulation 11 (technical specifications)—
(i)in paragraph (8), for “adopted by a legal act of the EU” substitute “imposed by retained EU law”,
(ii)in paragraph (10), in the words before sub-paragraph (a), omit “to the extent that they are compatible with EU law,”.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Draft Policy Note sets out a brief statement of the purpose of a Draft Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as 'Executive Notes' and accompanied Draft Scottish Statutory Instruments from July 2005 until July 2012.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: