2023 No. 300
The Public Procurement (Agreement on Government Procurement) (Thresholds) (Miscellaneous Amendments) (Scotland) Regulations 2023
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by regulations 5A(4) and 83A(2) of the Public Contracts (Scotland) Regulations 20151, regulations 15A(4) and 108A(2) of the Utilities Contracts (Scotland) Regulations 20162, regulations 8A(4) and 60ZA(2) of the Concession Contracts (Scotland) Regulations 20163, sections 1(1)(a) and 4(1)(d) of the Trade Act 20214 and all other powers enabling them to do so.
Citation and commencement 1
1
These Regulations may be cited as the Public Procurement (Agreement on Government Procurement) (Thresholds) (Miscellaneous Amendments) (Scotland) Regulations 2023.
2
These Regulations come into force on 1 January 2024.
Amendment of the Public Contracts (Scotland) Regulations 2015 2
1
The Public Contracts (Scotland) Regulations 2015 are amended as follows.
2
In regulation 5(1) (thresholds)—
a
in sub-paragraph (a), for “£5,336,937” substitute “£5,372,609”
,
b
in sub-paragraph (b), for “£138,760” substitute “£139,688”
,
c
in sub-paragraph (c), for “£213,477” substitute “£214,904”
.
Amendment of the Utilities Contracts (Scotland) Regulations 2016 3
1
The Utilities Contracts (Scotland) Regulations 2016 are amended as follows.
2
In regulation 15(1) (thresholds)—
a
in sub-paragraph (a), for “£426,955” substitute “£429,809”
,
b
in sub-paragraph (b), for “£5,336,937” substitute “£5,372,609”
.
Amendment of the Concession Contracts (Scotland) Regulations 2016 4
In regulation 8(1) (thresholds and methods for calculating the estimated value of the concession contract) of the Concession Contracts (Scotland) Regulations 2016, for “£5,336,937” substitute “£5,372,609”
.
Saving where public contract procurement procedures commenced before 1 January 2024 5
1
In this Regulation—
a
“the Procurement Regulations” means the following and, in relation to any procedure, means whichever of the following applies to that procedure—
i
the Public Contracts (Scotland) Regulations 2015,
ii
the Utilities Contracts (Scotland) Regulations 2016,
iii
the Concession Contracts (Scotland) Regulations 2016,
b
the following have the same meaning as in the Procurement Regulations—
i
concession contract,
ii
contract,
iii
contracting authority,
iv
design contest
v
dynamic purchasing system
vi
economic operator,
vii
framework agreement
viii
public contract,
ix
UK e-notification service,
x
utility,
c
“procedure” means all processes undertaken by the contracting authority in accordance with the Procurement Regulations, with the intention of awarding a contract, concession contract or public contract but does not include procedures taken for the purposes of modifying a contract, concession contract or public contract.
2
Nothing in these Regulations affects any procedure or design contest that commenced under the Procurement Regulations before 1 January 2024.
3
For that purpose, a procedure or design contest has been commenced before 1 January 2024 if, before that date—
a
a notice has been submitted for publication on the UK e-notification service in accordance with the Procurement Regulations, in order to—
i
invite offers or requests to be selected to tender for or to negotiate in respect of a proposed contract, concession contract, public contract, framework agreement or dynamic purchasing system, or
ii
advertise an intention to carry out a design contest,
b
the contracting authority or utility has had published any form of advertisement seeking offers or expressions of interest in a proposed contract, concession contract, public contract, framework agreement or dynamic purchasing system, or
c
the contracting authority or utility has contacted any economic operator in order to—
i
seek expressions of interest or offers in respect of a proposed contract, concession contract, 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 contract, concession contract, public contract, framework agreement or dynamic purchasing system.
(This note is not part of the Regulations)