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The Public Contracts (Scotland) Regulations 2015, Section 51 is up to date with all changes known to be in force on or before 17 August 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.
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51.—(1) Not later than 30 days after the award of a contract or conclusion of a framework agreement, a contracting authority must [F1submit] for publication in accordance with regulation 52 ([F2publication on the UK e-notification service]) a contract award notice on the results of the procurement procedure.
[F3(2) Such notices must—
(a)contain the information set out in part D of Annex V to the Directive, but as if—
(i)in paragraph 9, “Article 67” were a reference to regulation 67 (contract award criteria) of these Regulations,
(ii)in paragraph 11(b), the words “Member State or from a third” were omitted,
[F4(iia)in paragraph 13, the words “or the highest tender and lowest tender taken into consideration” were omitted,]
(iii)paragraph 15 (financing by EU funds) were omitted,
(iv)in paragraph 17, “in the Official Journal of the European Union” read “on the UK e-notification service (within the meaning of the Public Contracts (Scotland) Regulations 2015)”, and
(v)in paragraph 18, “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, and
(b)be submitted for publication in accordance with regulation 52 (publication on the UK e-notification service),]
F5(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Paragraph (1) does not apply where the contract awarded is a contract based on a framework agreement.
(5) In the case of the award of a contract based upon a dynamic purchasing system, a contracting authority must either—
(a)[F6submit] for publication in accordance with regulation 52 ([F7publication on the UK e-notification service]) a contract award notice within 30 days after the award of each such contract; or
(b)group notices referred to in sub-paragraph (a) on a quarterly basis, in which case the authority must [F8submit] for publication the grouped notices within 30 days of the end of each quarter.
(6) A contracting authority may withhold from publication information on the contract award or the conclusion of the framework agreement where the release of the information—
(a)would impede law enforcement or otherwise be contrary to the public interest;
(b)would prejudice the commercial interests of any person; or
(c)might prejudice fair competition between economic operators.
Textual Amendments
F1Word in reg. 51(1) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 4(34)(a)(i) (with sch. paras. 1-5)
F2Words in reg. 51(1) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 4(34)(a)(ii) (with sch. paras. 1-5)
F3Reg. 51(2) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 4(34)(b) (with sch. paras. 1-5)
F4Reg. 51(2)(a)(iia) inserted (coming into force in accordance with s. 7(1) of the amending Act) by Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024 (c. 6), Sch. para. 14 (with Sch. paras. 23-26)
F5Reg. 51(3) omitted (30.5.2023) by virtue of The Public Procurement (Miscellaneous Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/124), regs. 2, 4(13) (with reg. 3)
F6Word in reg. 51(5)(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(34)(c) (with sch. paras. 1-5)
F7Words in reg. 51(5)(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(34)(d) (with sch. paras. 1-5)
F8Word in reg. 51(5)(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(34)(c) (with sch. paras. 1-5)
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