SCHEDULE 6CONSEQUENTIAL AND MISCELLANEOUS AMENDMENTS

PART 1MODIFICATIONS TO PRIMARY LEGISLATION

Late Payment of Commercial Debts (Interest) Act 19981

1

The Late Payment of Commercial Debts (Interest) Act 1998 M1is amended as follows.

2

In section 4(8) M2 (period for which statutory interest runs), in the definition of “public authority” for “regulation 3 of the Public Contracts (Scotland) Regulations 2012” substitute “ regulation 2(1) of the Public Contracts (Scotland) Regulations 2015 ”.

Procurement Reform (Scotland) Act 20142

1

The Procurement Reform (Scotland) Act 2014 M3 is amended as follows.

2

In section 4(1), for “mentioned in paragraph (1) or (2) of regulation 6 of the Public Contract Regulations” substitute “ to which Public Contracts Regulations do not apply by virtue of regulation 4 or 7 to 18 of those regulations ”.

3

In section 11(3) for “supported employment programme or supported factory within the meaning regulation 7” substitute “ or supported employment programme within the meaning of regulation 21 ”.

4

In section 41(1) (the Directive, Public Contracts Regulations and EU regulated procurements)—

a

In paragraph (a), for “Directive 2004/18/EC” substitute “ Directive 2014/24/EU ”;

b

In paragraph (b) for “Public Contracts (Scotland) Regulations 2012 (S.S.I. 2012/88)” substitute “Public Contracts (Scotland) Regulations 2015 (S.S.I. 2015/XX);

c

in paragraph (c) omit “by virtue of regulation 5(1)”.

Annotations:
Marginal Citations
M3

2014 asp. 12.

Small Business, Enterprise and Employment Act 20153

1

The Small Business, Enterprise and Employment Act 2015 M4 is amended as follows.

2

In section 40(5)(investigation of procurement functions) in the definition of “a relevant function relating to procurement”, in paragraph (c)—

a

for “Public Contracts (Scotland) Regulations 2012 (S.I. 2012/88)” substitute “ Public Contracts (Scotland) Regulations 2015 ”; and

b

for “regulation 8” substitute “ regulation 5 ”.