10.—(1) The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013 M1 is amended as follows.
(2) For paragraph 10 (public procurement) of schedule 3 (exclusions of section 4(2)(a) and (b) of the act), substitute—
“(1) Any question asked by or on behalf of a contracting authority or contracting entity in relation to a conviction specified in regulation 58 of the Public Contracts (Scotland) Regulations 2015 which is a spent conviction (or any circumstances ancillary to such a conviction) for the purpose of determining whether or not a person is to be excluded—
(a)for the purposes of regulation 58 of the Public Contracts (Scotland) Regulations 2015 or regulation 26 of the Utilities Contracts (Scotland) Regulations 2012; or
(b)from participation in a design contest for the purposes of [F1regulation 79] of the Public Contracts (Scotland) Regulations 2015 or regulation 34 of the Utilities Contracts (Scotland) Regulations 2012,
where the person questioned is informed at the time the question is asked that, by virtue of this Order, convictions within the meaning of regulation 58 of the Public Contracts (Scotland) Regulations 2015, which are spent convictions, are to be disclosed.
(2) For the purposes of contract award procedures or design contests commenced before 18th April 2016 and on or after 1st May 2012, the references in sub-paragraph (1) to [F1regulations 58 and 79] of the Public Contracts (Scotland) Regulations 2015 are to be read as references to regulations 23 and 33 of the Public Contracts (Scotland) Regulations 2012 M2.
(3) For the purposes of sub-paragraph (2), the commencement of a contract award procedure or design contest is to be interpreted in accordance with—
(a)regulation 98(2) (transitional provision and savings where procurement procedure commenced before 18th April 2016) and 99(2) (transitional provision and saving where utilities procurement procedures commenced before 18th April 2016) of the Public Contracts (Scotland) Regulations 2015;
(b)regulation 52(2) of the Public Contracts (Scotland) Regulations 2012; and
(c)regulation 49(2) of the Utilities Contracts (Scotland) Regulations 2012.
(4) For the purposes of contract award procedures or design contests commenced before 1st May 2012—
(a)the references in sub-paragraph (1) to regulations 58 and 79 of the Public Contracts (Scotland) Regulations 2015 are to be read as references to regulations 23 and 33 of the Public Contracts (Scotland) Regulations 2006 M3; and
(b)the references in sub-paragraph (1) to regulations 26 and 34 of the Utilities Contracts (Scotland) Regulations 2012 are to be read as references to regulations 26 and 34 of the Utilities Contracts (Scotland) Regulations 2006 M4.
(5) For the purposes of sub-paragraph (4), the commencement of a contract award procedure or design contest is to be interpreted in accordance with—
(a)regulation 52(2) of the Public Contracts (Scotland) Regulations 2012; and
(b)regulation 49(2) of the Utilities Contracts (Scotland) Regulations 2012.”
Textual Amendments
F1Words in sch. 6 para. 10(2) substituted (18.4.2016) by The Public Contracts (Scotland) Amendment Regulations 2016 (S.S.I. 2016/47), regs. 1, 2(10)
Marginal Citations
M2S.S.I. 2012/88, repealed by regulation 98 of these Regulations, subject to the savings and transitional provisions in regulations 99 and 100 of these Regulations.
M3S.S.I. 2006/1, repealed by S.S.I. 2012/88, schedule 7(A), paragraph 1, subject to savings and transitional provisions in regulation 52 of those Regulations. Regulation 23 amended by S.I. 2007/2157, schedule 6(2), paragraph 12; S.S.I. 2008/94 regulation 2(7)(a)(b) and (c); S.S.I. 2009/428 regulation 2(8)(a) and (b). Regulation 33 amended by S.S.I. 2007/565, regulation 2(5)(a), (b) and (c); S.S.I. 2008/94, regulation 2(1); S.S.I. 2009/428 regulation 2(10)(a) and (b).
M4S.S.I. 2006/2, repealed by S.S.I. 2012/89, schedule 5(A), paragraph 1, subject to savings and transitional provisions in regulation 49 of those Regulations. Regulation 26 amended by S.I. 2007/2157, schedule 6(2), paragraph 13; S.S.I. 2009/428, regulation 4(5)(a) and (b). Regulation 34 amended by S.S.I. 2008/94, regulation 3(6)(a)(b) and (c); S.S.I. 2009/428 regulation 4(9)(a) and (b); S.I 2011/2053, regulation 30(2)(c) and (d).