- Latest available (Revised)
- Point in Time (18/04/2016)
- Original (As made)
Point in time view as at 18/04/2016.
The Public Contracts (Scotland) Regulations 2015, Section 98 is up to date with all changes known to be in force on or before 10 July 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
98.—(1) Nothing in these Regulations affects any contract award procedure or design contest commenced before 18th April 2016 which continues to be subject to the application of the 2012 Regulations as if those Regulations had not been revoked.
(2) For that purpose, a contract award procedure or design contest has been commenced before 18th April 2016 if, before that date—
(a)a contract notice or, as the case may be, design contest notice, has been sent to the Official Journal in accordance with the 2012 Regulations in order to invite offers or requests to be selected to tender for or to negotiate in respect of a proposed public contract, framework agreement or dynamic purchasing system;
(b)the contracting authority has had published any form of advertisement seeking offers or expressions of interest in a proposed public contract, framework agreement or dynamic purchasing system; or
(c)the contracting authority has contacted any economic operator in order to—
(i)seek expressions of interest or offers in respect of a proposed public contract, framework agreement or dynamic purchasing system; or
(ii)respond to an unsolicited expression of interest or offer received from that economic operator in relation to a proposed public contract, framework agreement or dynamic purchasing system.
(3) Nothing in these Regulations affects the award of a specific contract based on a framework agreement where the framework agreement was concluded—
(a)before 18th April 2016; or
(b)on or after that date following a contract award procedure which, by virtue of paragraph (1), was not affected by these Regulations,
which continues to be subject to the application of the 2012 Regulations as if those Regulations had not been revoked.
(4) Nothing in these Regulations affects the award of a specific contract under a dynamic purchasing system where the system was established—
(a)before 18th April 2016; or
(b)on or after that date following a contract award procedure which, by virtue of paragraph (1), was not affected by these Regulations,
which continues to be subject to the application of the 2012 Regulations as if those Regulations had not been revoked.
(5) Nothing in these Regulations, except regulations 72 (modification of contracts during their term) and 73(1)(a), (2) and (3) (termination of contracts), affects a contract awarded—
(a)before 18th April 2016; or
(b)on or after that date but where the award itself was not, by virtue of paragraphs (1) to (4), affected by these Regulations,
which continues to be subject to the application of the 2012 Regulations as if those Regulations had not been revoked.
(6) In this regulation, “contract notice”, “dynamic purchasing system”, “design contest”, “framework agreement” and “public contract” have the same meanings as in the 2012 Regulations.
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
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.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the 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 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:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
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: