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The Public Contracts (Scotland) Regulations 2015
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- Scottish Statutory Instruments
- 2015 No. 446
- PART 3
- CHAPTER 6
- Regulation 87
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Changes over time for: Section 87
Version Superseded: 31/12/2021
Alternative versions:
- 18/04/2016- Amendment
- 31/12/2020- Amendment
- 11/06/2021- Amendment
- 11/06/2021
Point in time - 31/12/2021- Amendment
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Point in time view as at 11/06/2021. This version of this provision has been superseded.
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The Public Contracts (Scotland) Regulations 2015, Section 87 is up to date with all changes known to be in force on or before 21 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.
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Duty owed to economic operators [F1, including those from countries with whom the EU has a relevant international agreement other than the GPA] S
This section has no associated Policy Notes
87.—(1) The obligation on a contracting authority to comply with the provisions of these Regulations (except where otherwise specified), and with any [F2retained EU obligation that is enforceable by virtue of section 4 of the European Union (Withdrawal) Act 2018] in respect of a contract, framework agreement, dynamic purchasing system or design contest falling within the scope of these Regulations, is a duty owed to an economic operator from [F3the United Kingdom or Gibraltar].
[F4(2) The duty owed in accordance with paragraph (1) is a duty owed also to an economic operator from a country other than the United Kingdom, but only where F5... Condition 3 applies to the procurement concerned.]
F6(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) [F8Condition 3 is that] —
(a)[F9immediately before IP completion day there was] an international agreement, other than the GPA, by which the EU [F10was bound]; and
(b)in accordance with that agreement, the economic operator is, in respect of the procurement concerned, to be accorded remedies no less favourable than those accorded to economic operators from the EU in respect of matters falling with the scope of the duty owed in accordance with paragraph (1).
[F11(4A) Paragraph (4)(b) is to be applied as if the United Kingdom were a member State.]
F12(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in reg. 87 heading inserted (11.6.2021) by The Public Procurement (Agreement on Government Procurement) (Amendment) Regulations 2021 (S.I. 2021/573), regs. 1(1), 5(5)(a)
F2Words in reg. 87(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(58)(a)(i) (with sch. paras. 1-5)
F3Words in reg. 87(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(58)(a)(ii) (with sch. paras. 1-5)
F4Reg. 87(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(58)(b) (with sch. paras. 1-5)
F5Words in reg. 87(2) omitted (11.6.2021) by virtue of The Public Procurement (Agreement on Government Procurement) (Amendment) Regulations 2021 (S.I. 2021/573), regs. 1(1), 5(5)(b)
F6Reg. 87(3) omitted (11.6.2021) by virtue of The Public Procurement (Agreement on Government Procurement) (Amendment) Regulations 2021 (S.I. 2021/573), regs. 1(1), 5(5)(c) and (31.12.2021) by virtue of The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(4), 5(4) (with sch. paras. 1-5, 10-15)
F7Reg. 87(3A) omitted (11.6.2021) by virtue of The Public Procurement (Agreement on Government Procurement) (Amendment) Regulations 2021 (S.I. 2021/573), regs. 1(1), 5(5)(c) and (31.12.2021) by virtue of The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(4), 5(4) (with sch. paras. 1-5, 10-15)
F8Words in reg. 87(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(58)(d)(i) (with sch. paras. 1-5)
F9Words in reg. 87(4)(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(58)(d)(ii)(aa) (with sch. paras. 1-5)
F10Words in reg. 87(4)(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(58)(d)(ii)(bb) (with sch. paras. 1-5)
F11Reg. 87(4A) inserted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 4(58)(d)(iii) (with sch. paras. 1-5)
F12Reg. 87(5) omitted (11.6.2021) by virtue of The Public Procurement (Agreement on Government Procurement) (Amendment) Regulations 2021 (S.I. 2021/573), regs. 1(1), 5(5)(c) and (31.12.2021) by virtue of The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(4), 5(4) (with sch. paras. 1-5, 10-15)
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