Part 3Amendment of secondary legislation

Chapter 2Amendments consequential to the coming into force of the Procurement Act 2023

Amendment of the Public Contracts (Scotland) Regulations 201519.

(1)

The Public Contracts (Scotland) Regulations 201533 are amended as follows.

(2)

In regulation 2 (interpretation)—

(a)

omit the definition of “Defence and Security Regulations”;

(b)

after the definition of “CPV”, insert—

““defence and security contract” has the meaning given in section 7 of the Procurement Act 2023;”.

(3)

In regulation 3(5) (subject matter and application of these regulations), omit “as that list is to be treated for the purpose of Part 2 of the Public Contracts Regulations 2015”.

(4)

In regulation 4(1) (mixed procurement), for “the Defence and Security Regulations” substitute “would, if awarded as a separate contract, be considered a defence and security contract”.

(5)

In regulation 16(1) (specific situations: defence and security)—

(a)

in the words before sub-paragraph (a), omit “or design contests”;

(b)

in sub-paragraph (a), for “Defence and Security Regulations apply”, substitute “Procurement Act 2023 applies”;

(c)

for sub-paragraph (b), substitute—

“(b)

to which that Act does not apply pursuant to section 3 of that Act.”.

(6)

In regulation 17 (mixed procurement involving defence or security aspects)—

(a)

in paragraph (1), for “the Defence and Security Regulations” substitute “would be considered a defence and security contract”;

(b)

in paragraph (3), for “Defence and Security Regulations” substitute “Procurement Act 2023”;

(c)

in paragraph (5)(b), for “is covered by the Defence and Security Regulations, the procurement may be undertaken in accordance with those Regulations” substitute “would, if awarded as a separate contract, be considered a defence and security contract, the procurement may be undertaken in accordance with the Procurement Act 2023”;

(d)

in paragraph (7), for “Defence and Security Regulations” substitute “Procurement Act 2023”.

(7)

In Schedule 6 (consequential and miscellaneous amendments), omit paragraph 6.