Territorial extent and application
- Section 126 (extent) sets out that the legislation extends to England and Wales, Scotland and Northern Ireland. The majority of provisions in the legislation apply equally to English, Welsh and Northern Ireland contracting authorities.
- There are a small number of sections where separate provision is made for procurements undertaken by authorities to be treated as "devolved Welsh authorities" or "transferred Northern Ireland authorities". These are set out in the relevant parts of these explanatory notes.
- The legislation does not make provision for all public procurement in Scotland, but does apply to contracting authorities in Scotland which are either cross-border bodies or exercise wholly reserved functions. The exceptions to this are in sections 92 (treaty state suppliers: non-discrimination in Scotland) and 115 (powers relating to procurement arrangements). These make provision respectively for making regulations to ensure that suppliers that are "treaty state suppliers" (i.e. those which benefit from an international agreement relating to procurement) are not discriminated against by devolved Scottish authorities and for regulating cross-border procurements involving devolved Scottish authorities which would not otherwise be regulated by the core provisions in the legislation.
