# Procurement Reform (Scotland) Act 2014

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# Procurement Reform (Scotland) Act 2014

# 2014 asp 12                     

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 13th May 2014 and received Royal Assent on                        17th June 2014                     

An Act of the Scottish Parliament to make provision about the procedures relating to the award of certain public contracts;                        to require certain authorities to produce procurement strategies and annual reports; and for connected purposes.                     

## **Part 1**SKey concepts and application

### Contracting authoritiesS

#### 1Contracting authoritiesS

### Regulated procurementsS

#### 2Regulated procurementsS

### Regulated contractsS

#### 3Regulated contractsS

#### 4Excluded contractsS

#### 5Estimated value of contractS

### Framework agreements and dynamic purchasing systemsS

#### 6Framework agreements and call-off contractsS

#### 7Dynamic purchasing systemsS

## **Part 2**SGeneral duties and procurement strategies

### General dutiesS

#### 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 9Sustainable procurement dutyS

#### 10Guidance on sustainable procurement dutyS

#### 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 12Contracts for health or social care servicesS

#### 13Guidance on procurements for health or social care servicesS

#### 14Other circumstances in which contract can be awarded without competitionS

### Procurement strategy and annual reportS

#### 15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 16Joint strategiesS

#### 17Compliance with strategyS

#### 18Annual procurement reportsS

#### 19Publication etc.S

#### 20GuidanceS

#### 21Annual report on procurement activity in ScotlandS

## **Part 3**SSpecific duties

### Publication of notices on Public Contracts websiteS

#### 22Public Contracts websiteS

#### 23Publication of contract notices and award noticesS

### Community benefit requirementsS

#### 24Community benefit requirementsS

#### 25Community benefit requirements in major contractsS

#### 26Guidance on community benefit requirementsS

### Selection of tenderers and award of contractsS

#### 27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 29Guidance on selection of tenderers and award of contractsS

### Technical specificationsS

#### 30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Charges for participation in procurement processS

#### 31Charges for participation in procurement processS

### Giving of reasonsS

#### 32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 34Withholding informationS

### Contracts registerS

#### 35Contracts registerS

### Procurement of recycled and recyclable products etc.S

#### 36Amendment of Climate Change (Scotland) Act 2009S

## **Part 4**SRemedies

### 37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 38Procedure and time limitsS

### 39Determination by the courtS

### 40Transfer of forum for proceedings to First-tier TribunalS

## **Part 5**SGeneral

### InterpretationS

#### 41The Directive, Public Contracts Regulations and EU-regulated procurementsS

(1)In this Act—                  

(a)“the Directive” means Directive 2004/18/EC of the European Parliament and of the Council,                  

(b)“the Public Contracts Regulations” means the Public Contracts (Scotland) Regulations 2012 (S.S.I. 2012/88), and                  

(c)an “EU-regulated procurement” is a regulated procurement to which the Public Contracts Regulations apply by virtue of regulation                        5(1).                  

(2)The Scottish Ministers may by order—                  

(a)amend the definition of “the Directive” so as to substitute for the Directive for the time being specified there such successor                        Directive as they consider appropriate,                  

(b)amend the definition of “the Public Contracts Regulations” so as to substitute for the regulations for the time being specified                        there such other instrument as they consider appropriate.                  

(3)An order under subsection (2) may make such consequential modifications to subsection (1) and any other provision of this                        Act as the Scottish Ministers consider appropriate.                  

#### 42General interpretationS

(1)In this Act—                  
          -  “award notice” has the meaning given in section 23(6),                         
          -  “community benefit requirement” has the meaning given in section 24,                         
          -  “contract notice” has the meaning given in section 23(6),                         
          -  “contracting authority” has the meaning given in section 1,                         
          -  “economic operator” means any person who offers the execution of works, the supply of products or the provision of services on the market,                         
          -  “financial year” means the period of 12 months in respect of which the accounts of the contracting authority in question are prepared,                         
          -  “public contract” has the same meaning as in the Directive,                         
          -  “Public Contracts website” has the meaning given in section 22,                         
          -  “public works contract” has the same meaning as in the Directive,                         
          -  “regulated procurement” has the meaning given in section 2.                         

(2)In this Act, a contracting authority's area is the area by reference to which the contracting authority primarily exercises                        its functions, disregarding any areas outside Scotland.                  

### Final provisionsS

#### 43Ancillary provisionS

(1)The Scottish Ministers may by order make such supplementary, incidental, consequential, transitional or transitory provision                        or savings as they consider necessary or expedient for the purposes of, or in connection with, any provision made by or under                        this Act.                  

(2)An order under subsection (1) may modify any enactment (including this Act).                  

#### 44Subordinate legislationS

(1)Any power conferred by this Act on the Scottish Ministers to make an order or regulations includes the power to make—                  

(a)different provision for different cases or descriptions of case or for different purposes,                  

(b)such incidental, supplementary, consequential, transitional, transitory or saving provision as the Scottish Ministers consider                        necessary or expedient.                  

(2)Orders or regulations made under the following provisions are subject to the affirmative procedure—                  

(a)section 1(2),                  

(b)section 3(3),                  

(c)section 4(2),                  

(d)section 7(1),                  

(e)section 14(1),                  

(f)section 15(6),                  

(g)section 25(5),                  

(h)section 40,                  

(i)section 41(2),                  

(j)section 43 (but only if the order adds to, replaces or omits any part of the text of an Act).                  

(3)Any other orders or regulations made under this Act are subject to the negative procedure.                  

(4)This section does not apply to an order under section 45(2).                  

#### 45CommencementS

(1)This section and sections 41, 42, 43, 44 and 46 come into force on the day of Royal Assent.                  

(2)The other provisions of this Act come into force on such day as the Scottish Ministers may by order appoint.                  

(3)An order under subsection (2) may contain such transitional, transitory or saving provision as the Scottish Ministers consider                        necessary or expedient.                  

#### 46Short titleS

The short title of this Act is the Procurement Reform (Scotland) Act 2014.

## SCHEDULESContracting authorities

 (introduced by section 1)

### **Part 1**SScottish Administration and Scottish Parliament

1SScottish Ministers

2SScottish Parliamentary Corporate Body

3SQueen's and Lord Treasurer's Remembrancer

4SKeeper of the Records of Scotland

5SKeeper of the Registers of Scotland

6SRegistrar General of Births, Deaths and Marriages for Scotland

7SHer Majesty's Inspectors of Constabulary

8SHer Majesty's Chief Inspector of Prisons for Scotland

9SHer Majesty's Inspector of Anatomy for Scotland

10SHer Majesty's inspectors of schools (that is to say, the inspectors of schools appointed by Her Majesty on the recommendation                        of the Scottish Ministers under the Education (Scotland) Act 1980 (c.44))

11SOffice of the Scottish Charity Regulator

12SProcurators fiscal

13SScottish Housing Regulator

[F113ASRevenue Scotland]

Textual Amendments

F1Sch. para. 13A inserted (1.1.2015) by Revenue Scotland and Tax Powers Act 2014 (asp 16), s. 260(2), **Sch. 4 para. 12** (with ss. 257-259); S.S.I. 2014/370, art. 2, Sch.

### **Part 2**SLocal government

14SA local authority

15SA joint board established by order under section 62A(1) or 62B(1) of the Local Government (Scotland) Act 1973 (c.65)

### **Part 3**SOthers

16SAccounts Commission for Scotland

17SArchitecture and Design Scotland

18SAudit Scotland

19SAuditor General for Scotland

20SBoard of Trustees for the National Galleries of Scotland

21SBoard of Trustees of the National Museums of Scotland

22SBoard of Trustees of the Royal Botanic Garden, Edinburgh

23SBòrd na Gàidhlig

24SChief constable of the Police Service of Scotland

25SChildren's Hearings Scotland

26SCommission for Ethical Standards in Public Life in Scotland

27SCommissioner for Children and Young People in Scotland

28SCommon Services Agency for the Scottish Health Service

29SCreative Scotland

30SCrofting Commission

31SA Health Board (constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978 (c.29))

32SHealthcare Improvement Scotland

33SHer Majesty's Chief Inspector of Prosecution in Scotland

34SHighlands and Islands Enterprise

35SLands Tribunal for Scotland

36S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37SMental Welfare Commission for Scotland

38SNational Library of Scotland

39SA National Park authority established by virtue of a designation order under section 6 of the National Parks (Scotland) Act                        2000 (asp 10)

40SParole Board for Scotland

41SPolice Investigations and Review Commissioner

42SPrivate rented housing panel

43S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

44SScottish Children's Reporter Administration

45SScottish Commission for Human Rights

46SScottish Court Service

47SScottish Criminal Cases Review Commission

48SScottish Enterprise

49SScottish Environment Protection Agency

50SScottish Fire and Rescue Service

51SScottish Further and Higher Education Funding Council

52SScottish Information Commissioner

53SScottish Land Court

54SScottish Law Commission

55SScottish Legal Aid Board

56SScottish Legal Complaints Commission

57SScottish Natural Heritage

58SScottish Police Authority

59SScottish Public Services Ombudsman

60SScottish Qualifications Authority

61SScottish Road Works Commissioner

62SScottish Social Services Council

63SScottish Sports Council

64SSocial Care and Social Work Improvement Scotland

65SA Special Health Board (constituted under section 2(1)(b) of the National Health Service (Scotland) Act 1978 (c.29))

66SStandards Commission for Scotland

67SThe Skills Development Scotland Co. Ltd (registered number SC202659)

68SVisitScotland

69SWater Industry Commission for Scotland