http://www.legislation.gov.uk/ssi/2019/112/contents/made

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

King's Printer for Scotland

2019-03-22

EXITING THE EUROPEAN UNION

PUBLIC PROCUREMENT

These Regulations are made in exercise of the powers conferred by paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 2018 (c.16) in order to address failures of retained EU law to operate effectively arising from the withdrawal of the UK from the European Union.

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

reg. 1(3)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019

reg. 2(2)

reg. 1(2)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

reg. 3(6)(a)(i)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment (No. 2) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment (No. 2) Regulations 2019

reg. 2(2)(a)

reg. 1

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

reg. 3(6)(a)(ii)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment (No. 2) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment (No. 2) Regulations 2019

reg. 2(2)(b)

reg. 1

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

reg. 3(6)(a)(iii)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment (No. 2) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment (No. 2) Regulations 2019

reg. 2(2)(c)

reg. 1

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

reg. 3(6)(a)(iv)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment (No. 2) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment (No. 2) Regulations 2019

reg. 2(2)(d)

reg. 1

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

reg. 3(6)(b)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment (No. 2) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment (No. 2) Regulations 2019

reg. 2(2)(e)

reg. 1

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

reg. 3(6)(c)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment (No. 2) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment (No. 2) Regulations 2019

reg. 2(2)(f)

reg. 1

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

reg. 3(23)(b)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019

reg. 2(3)(a)(i)

reg. 1(2)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

reg. 3(23)(c)(i)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019

reg. 2(3)(a)(ii)

reg. 1(2)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

reg. 3(23)(c)(ii)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019

reg. 2(3)(a)(ii)

reg. 1(2)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

reg. 3(23)(c)(iii)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019

reg. 2(3)(a)(ii)

reg. 1(2)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

reg. 3(46)(a)(ii)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019

reg. 2(3)(b)

reg. 1(2)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

reg. 3(54)(a)(i)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment (No. 2) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment (No. 2) Regulations 2019

reg. 2(2)(g)

reg. 1

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

reg. 3(54)(a)(ii)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment (No. 2) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment (No. 2) Regulations 2019

reg. 2(2)(h)

reg. 1

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

reg. 3(57)(b)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019

reg. 2(3)(c)(i)

reg. 1(2)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

reg. 3(57)(d)

(da)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019

reg. 2(3)(c)(ii)

reg. 1(2)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

reg. 4 heading

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019

reg. 2(4)

reg. 1(2)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

reg. 5(6)(a)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment (No. 2) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment (No. 2) Regulations 2019

reg. 2(3)(a)

reg. 1

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

reg. 5(6)(b)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment (No. 2) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment (No. 2) Regulations 2019

reg. 2(3)(b)

reg. 1

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

reg. 5(6)(c)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment (No. 2) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment (No. 2) Regulations 2019

reg. 2(3)(c)

reg. 1

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

reg. 5(6)(d)(i)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment (No. 2) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment (No. 2) Regulations 2019

reg. 2(3)(d)

reg. 1

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

reg. 5(6)(d)(ii)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment (No. 2) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment (No. 2) Regulations 2019

reg. 2(3)(e)

reg. 1

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

reg. 5(27)(a)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019

reg. 2(5)(a)(i)

reg. 1(2)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

reg. 5(27)(b)(i)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019

reg. 2(5)(a)(ii)

reg. 1(2)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

reg. 5(27)(b)(ii)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019

reg. 2(5)(a)(ii)

reg. 1(2)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

reg. 5(27)(b)(iii)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019

reg. 2(5)(a)(ii)

reg. 1(2)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

reg. 5(47)(a)(ii)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019

reg. 2(5)(b)

reg. 1(2)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

reg. 5(56)(a)(i)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment (No. 2) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment (No. 2) Regulations 2019

reg. 2(3)(f)

reg. 1

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

reg. 5(56)(a)(ii)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment (No. 2) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment (No. 2) Regulations 2019

reg. 2(3)(g)

reg. 1

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

reg. 5(58)(b)(i)(bb)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019

reg. 2(5)(c)(i)

reg. 1(2)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

reg. 5(58)(d)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019

reg. 2(5)(c)(ii)

reg. 1(2)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

reg. 6 heading

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019

reg. 2(6)

reg. 1(2)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

reg. 7(5)(a)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment (No. 2) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment (No. 2) Regulations 2019

reg. 2(4)

reg. 1

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

reg. 7(28)(b)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019

reg. 2(7)(a)

reg. 1(2)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

reg. 7(28)(d)

(da)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019

reg. 2(7)(b)

reg. 1(2)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

reg. 8 heading

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019

reg. 2(8)

reg. 1(2)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

reg. 11(2)(e)(i)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment (No. 2) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment (No. 2) Regulations 2019

reg. 2(5)(a)

reg. 1

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

reg. 11(2)(e)(ii)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment (No. 2) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment (No. 2) Regulations 2019

reg. 2(5)(b)

reg. 1

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

reg. 11(2)(e)(ii)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment (No. 2) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment (No. 2) Regulations 2019

reg. 2(5)(c)

reg. 1

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

sch.

para. 5(2)(a)(ii)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019

reg. 2(9)(a)(i)

reg. 1(2)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

sch.

para. 5(2)(c)(i)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019

reg. 2(9)(a)(ii)

reg. 1(2)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

sch.

para. 11

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019 (revoked)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019

reg. 2(9)(b)

reg. 1(2)

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

PART 1GENERAL

1Citation, commencement and transitional and savings provisions

PART 2AMENDMENT OF PRIMARY LEGISLATION

2The Procurement Reform (Scotland) Act 2014

PART 3AMENDMENT OF SECONDARY LEGISLATION

CHAPTER 1THE PUBLIC CONTRACTS (SCOTLAND) REGULATIONS 2015

3Amendments commenced on exit day

4Amendments commenced eight months after exit day

CHAPTER 2THE UTILITIES CONTRACTS (SCOTLAND) REGULATIONS 2016

5Amendments commenced on exit day

6Amendments commenced eight months after exit day

CHAPTER 3THE CONCESSION CONTRACTS (SCOTLAND) REGULATIONS 2016

7Amendments commenced on exit day

8Amendment commenced eight months after exit day

CHAPTER 4

9Amendment of the Procurement (Scotland) Regulations 2016

CHAPTER 5AMENDMENT OF OTHER SUBORDINATE LEGISLATION

10The Public Contracts (Scotland) Regulations 2012

11The Utilities Contracts (Scotland) Regulations 2012

SCHEDULETRANSITIONAL AND SAVINGS PROVISIONS

1Interpretation

2General principles

3Transitional provision for the Public Contracts (Scotland) Regulations 2015

4Transitional provision for the Utilities Contracts (Scotland) Regulations 2016

5Savings in relation to procurements commenced before exit day

6Procurement involving contracting authorities or utilities from other member States

7Saving with modification of certain references to compatibility with EU law

8Saving of implied power to terminate contracts

9Saving with modification of certain references to design contests in relation to procurements commenced before exit day

10Saving, in relation to procurements commenced before exit day, of duty owed to economic operators from EEA states

11Saving, in relation to procurements commenced before exit day, of duty owed to economic operators from states party to certain bilateral agreements

12Saving in relation to procurements commenced before regulations 4, 6 and 8 come into force

13Saving in relation to affiliated undertakings

2019 No. 112

Exiting The European Union

Public Procurement

The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

Made21st March 2019

Coming into force in accordance with regulation 1

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 19721 and paragraph 1(1) and (3) of Part 1 of schedule 2 of the European Union (Withdrawal) Act 2018 2.