# 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

(1)For the purposes of this Act, a “contracting authority” is—                  

(a)a body, office-holder or other person listed in the schedule, or                  

(b)any other person who is a contracting authority for the purposes of the Public Contracts Regulations and whose functions—                  

(i)are exercisable in or as regards Scotland, and                  

(ii)do not relate to reserved matters within the meaning of the Scotland Act 1998 (c.46).                  

(2)The Scottish Ministers may by order modify the meaning of “contracting authority” for the purposes of this Act.                  

(3)An order under subsection (2) may amend subsection (1) and the schedule.                  

Commencement Information

I1S. 1 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

### Regulated procurementsS

#### 2Regulated procurementsS

For the purposes of this Act, a “regulated procurement” is—

(a)any procedure carried out by a contracting authority in relation to the award of a proposed regulated contract including,                        in particular—                  

(i)the seeking of offers in relation to the contract, and                  

(ii)the selection of economic operators,                  

(b)the award of a regulated contract by a contracting authority.                  

Commencement Information

I2S. 2 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

### Regulated contractsS

#### 3Regulated contractsS

(1)A contract is regulated if—                  

(a)it is a public contract,                  

(b)the estimated value of the contract (see section 5) is equal to or greater than the contract threshold, and                  

(c)the contract is not an excluded contract (see section 4).                  

(2)For the purposes of this Act, the contract threshold is as follows—                  

(3)The Scottish Ministers may by order amend the table in subsection (2) so as to substitute for the figures specified there                        for the time being such other figures as they consider appropriate.                  

#### 4Excluded contractsS

(1)A contract is an excluded contract for the purposes of section 3 if—                  

(a)it is a contract of a kind mentioned in paragraph (1) or (2) of regulation 6 of the Public Contract Regulations,                  

(b)the following conditions apply—                  

(i)it is for the purpose of acquiring goods, works or services in order to sell, hire or provide them to other persons,                  

(ii)the contracting authority will not have an exclusive right to sell, hire or provide the goods, works or services, and                  

(iii)the conditions on which the contracting authority intends to sell, hire or provide them are the same as or similar to the                        conditions on which another person could sell, hire or provide the same or similar goods, works or services, or                  

(c)the principal purpose of the contract is to acquire goods, works or services in connection with research or development undertaken                        by the contracting authority.                  

(2)The Scottish Ministers may by regulations amend subsection (1) so as to modify the kinds of contracts which are or are not                        excluded contracts.                  

#### 5Estimated value of contractS

(1)For the purposes of this Act, the estimated value of a contract is the value of the total consideration (not including value                        added tax) which the contracting authority expects to be payable under or by virtue of the contract.                  

(2)The Scottish Ministers may by regulations make further provision about how the estimated value of a contract is to be determined.                  

### Framework agreements and dynamic purchasing systemsS

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

(1)For the purposes of this Act—                  

(a)a framework agreement is an agreement between one or more contracting authorities and one or more economic operators, the                        purpose of which is to establish the terms governing public contracts to be awarded during a given period, in particular with                        regard to price and, where appropriate, the quantity envisaged,                  

(b)a call-off contract is a contract awarded under a framework agreement.                  

(2)This Act applies to framework agreements and call-off contracts as follows—                  

(a)a framework agreement is treated as a public contract for the purposes of section 3 (and references to “contract” elsewhere                        in this Act are to be construed accordingly),                  

(b)the following provisions do not apply to a regulated procurement in so far as it relates to a call-off contract—                  

(i)section 8(2),                  

(ii)section 11,                  

(iii)section 23(1),                  

(iv)section 27.                  

#### 7Dynamic purchasing systemsS

(1)The Scottish Ministers may by regulations make provision about dynamic purchasing systems including, in particular, provision—                  

(a)applying this Act to the establishment and operation of a dynamic purchasing system as it applies to the carrying out of a                        regulated procurement with such modifications as the regulations may specify,                  

(b)modifying the application of this Act to a contract awarded under a dynamic purchasing system.                  

(2)For the purposes of subsection (1), a dynamic purchasing system is an electronic system—                  

(a)established by a contracting authority to purchase goods, services or works which are—                  

(i)commonly used by the authority, and                  

(ii)readily available on the market, and                  

(b)which is open to any economic operator who satisfies selection criteria specified by the contracting authority.                  

## **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

#### 15Procurement strategyS

(1)A contracting authority which expects to have significant procurement expenditure in the next financial year must, before                        the start of that year—                  

(a)prepare a procurement strategy setting out how the authority intends to carry out regulated procurements, or                  

(b)review its procurement strategy for the current financial year and make such revisions to it as the authority considers appropriate.                  

(2)Subsection (3) applies where a contracting authority—                  

(a)has not, in relation to a financial year, prepared or reviewed a strategy under subsection (1), and                  

(b)becomes aware of the likelihood of having significant procurement expenditure during that year.                  

(3)The contracting authority must, as soon as practicable after it becomes aware of the likelihood of having significant procurement                        expenditure—                  

(a)prepare a procurement strategy setting out how the authority intends to carry out regulated procurements, or                  

(b)review its most recent procurement strategy and make such revisions to it as the authority considers appropriate.                  

(4)An authority has significant procurement expenditure in a year if the sum of the estimated values of the contracts to which                        its regulated procurements in that year relate is equal to or greater than £5,000,000.                  

(5)The procurement strategy must, in particular—                  

(a)set out how the authority intends to ensure that its regulated procurements will—                  

(i)contribute to the carrying out of its functions and the achievement of its purposes,                  

(ii)deliver value for money, and                  

(iii)be carried out in compliance with its duties under section 8,                  

(b)include a statement of the authority's general policy on—                  

(i)the use of community benefit requirements,                  

(ii)consulting and engaging with those affected by its procurements,                  

(iii)the payment of a living wage to persons involved in producing, providing or constructing the subject matter of regulated procurements,                  

(iv)promoting compliance by contractors and sub-contractors with the Health and Safety at Work etc. Act 1974 (c.37) and any provision made under that Act, and                  

(v)the procurement of fairly and ethically traded goods and services,                  

(c)include a statement of the authority's general policy on how it intends its approach to regulated procurements involving the                        provision of food to—                  

(i)improve the health, wellbeing and education of communities in the authority's area, and                  

(ii)promote the highest standards of animal welfare,                  

(d)set out how the authority intends to ensure that, so far as reasonably practicable, the following payments are made no later                        than 30 days after the invoice (or similar claim) relating to the payment is presented—                  

(i)payments due by the authority to a contractor,                  

(ii)payments due by a contractor to a sub-contractor,                  

(iii)payments due by a sub-contractor to a sub-contractor,                  

(e)address such other matters as the Scottish Ministers may by order specify.                  

(6)The Scottish Ministers may by order modify subsection (4) so as to substitute for the figure specified there for the time                        being such other figure as they consider appropriate.                  

(7)In subsection (5)(b)(iii), a “living wage” means remuneration which is sufficient to ensure an acceptable standard of living.                  

Commencement Information

I3S. 15(5)(b)(iii) in force at 28.9.2015 for specified purposes by S.S.I. 2015/331, **art. 3**

I4S. 15(7) in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

#### 16Joint strategiesS

A group of two or more contracting authorities may have a joint procurement strategy for both or, as the case may be, all                     of the authorities in the group.                  

#### 17Compliance with strategyS

A contracting authority which is required to prepare or review a procurement strategy in relation to a financial year must                     ensure that its regulated procurements in that year are, so far as reasonably practicable, carried out in accordance with                     its strategy.                  

#### 18Annual procurement reportsS

(1)A contracting authority which is required to prepare or revise a procurement strategy in relation to a financial year must                        prepare an annual procurement report on its regulated procurement activities as soon as reasonably practicable after the end                        of that financial year.                  

(2)The report must include—                  

(a)a summary of the regulated procurements that have been completed during the year covered by the report,                  

(b)a review of whether those procurements complied with the authority's procurement strategy,                  

(c)to the extent that any regulated procurements did not comply, a statement of how the authority intends to ensure that future                        regulated procurements do comply,                  

(d)a summary of any community benefit requirements imposed as part of a regulated procurement that were fulfilled during the                        year covered by the report,                  

(e)a summary of any steps taken to facilitate the involvement of supported businesses in regulated procurements during the year                        covered by the report,                  

(f)a summary of the regulated procurements the authority expects to commence in the next two financial years,                  

(g)such other information as the Scottish Ministers may by order specify.                  

(3)For the purposes of subsection (2)(a), a regulated procurement is completed when the award notice is published or when it                        otherwise comes to an end.                  

#### 19Publication etc.S

(1)A contracting authority must publish—                  

(a)the procurement strategy prepared under section 15,                  

(b)any revised strategy prepared under that section,                  

(c)the annual procurement report prepared under section 18.                  

(2)Publication is to be in such manner as the authority considers appropriate but must include publication on the internet.                  

(3)On publishing a document under subsection (1), the authority must notify the Scottish Ministers.                  

#### 20GuidanceS

(1)The Scottish Ministers must publish guidance on the preparation and publication of procurement strategies and annual procurement                        reports.                  

(2)The guidance may, in particular, cover—                  

(a)consultation to be undertaken in relation to the preparation of a strategy,                  

(b)the form and content of strategies and reports,                  

(c)the process by which an authority approves its strategy.                  

(3)The guidance may include a model procurement strategy and model annual report.                  

(4)Contracting authorities must have regard to any guidance published under this section.                  

(5)The Scottish Ministers must lay a copy of any guidance published under this section before the Scottish Parliament.                  

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

(1)As soon as reasonably practicable after the end of each financial year, the Scottish Ministers must prepare a report, based                        on information contained in annual procurement reports published under section 19(1) during that year, on procurement activity                        in Scotland.                  

(2)The report must include information about—                  

(a)regulated procurements that have been completed,                  

(b)community benefit requirements that contracting authorities consider were fulfilled,                  

(c)steps taken to facilitate the involvement of supported businesses in regulated procurements.                  

(3)The report may also contain such other information as the Scottish Ministers consider appropriate.                  

(4)The Scottish Ministers must—                  

(a)publish the report in such manner as they consider appropriate,                  

(b)lay a copy of the report before the Scottish Parliament.                  

## **Part 3**SSpecific duties

### Publication of notices on Public Contracts websiteS

#### 22Public Contracts websiteS

(1)The Scottish Ministers must establish and maintain a website (the “Public Contracts website”) for the purpose of publicising,                        in relation to regulated procurements—                  

(a)the seeking of offers, and                  

(b)the award of contracts.                  

(2)The Scottish Ministers may use the Public Contracts website for such other purposes as they consider appropriate.                  

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

(1)A contracting authority must publicise its intention to seek offers as part of a regulated procurement on the Public Contracts                        website.                  

(2)A contracting authority must publicise the award of a contract under a regulated procurement on the Public Contracts website.                  

(3)The Scottish Ministers may by regulations make further provision about publication under this section.                  

(4)The regulations may, in particular, make provision—                  

(a)requiring the duties under subsection (1) and (2) to be complied with within a specified period,                  

(b)providing that, in relation to regulated procurements of a specified description—                  

(i)the duty in subsection (1) or (2) need not be complied with, or                  

(ii)the duty need only be complied with in specified circumstances,                  

(c)specifying the information that must be publicised,                  

(d)providing that a contracting authority may withhold information from publication in specified circumstances.                  

(5)In subsection (4), “specified” means specified in the regulations.                  

(6)In this Act—                  
          -  “contract notice” means the information published in accordance with subsection (1),                         
          -  “award notice” means the information published in accordance with subsection (2).                         

### 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

(1)The Scottish Ministers may publish guidance about the selection of economic operators and the award of contracts in relation                        to a regulated procurement.                  

(2)The guidance may, in particular, cover—                  

(a)the use of questionnaires in the assessment of the suitability of economic operators,                  

(b)the matters relating to—                  

(i)the recruitment, remuneration (including payment of a living wage) and other terms of engagement of persons involved in producing,                        providing or constructing the subject matter of the regulated procurement, and                  

(ii)employee representation including trade union recognition,                  

that are to be taken into account in assessing the suitability of an economic operator.

(3)Contracting authorities must have regard to any guidance published under this section.                  

(4)The Scottish Ministers must lay a copy of any guidance published under this section before the Scottish Parliament.                  

(5)In subsection (2)(b), “living wage” has the same meaning as in section 15(5)(b)(iii).                  

Commencement Information

I5S. 29 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

### Technical specificationsS

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

### Charges for participation in procurement processS

#### 31Charges for participation in procurement processS

A contracting authority must not charge an economic operator a fee for participating in any part of the process relating to                     a regulated procurement (including a fee to provide any document required to participate in that process).                  

### Giving of reasonsS

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

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

#### 34Withholding informationS

### Contracts registerS

#### 35Contracts registerS

(1)A contracting authority must keep and maintain a register of contracts (a “contracts register”).                  

(2)The contracts that must be registered are any contracts entered into as a result of a regulated procurement.                  

(3)In relation to each contract, a contracts register must contain the following information—                  

(a)the date of award,                  

(b)the name of the contractor,                  

(c)the subject matter,                  

(d)the estimated value,                  

(e)the start date,                  

(f)the end date provided for in the contract (disregarding any option to extend the contract) or, where there is no date specified,                        a description of the circumstances in which the contract will end,                  

(g)the duration of any period for which the contract can be extended.                  

(4)The authority may delete an entry in its contracts register only after the contract to which it relates has expired or been                        terminated.                  

(5)The authority must make the information contained in its contracts register publicly available on the internet and by such                        other means as it considers appropriate.                  

(6)However, the authority may withhold an entry or part of an entry in the register if it considers that making it publicly available                        would—                  

(a)impede law enforcement or otherwise be contrary to the public interest,                  

(b)prejudice the commercial interests of any person, or                  

(c)prejudice fair competition between economic operators.                  

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

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

After section 82 of the Climate Change (Scotland) Act 2009 (asp 12) insert—

##### “82AProcurement of recycled and recyclable products etc.

(1)The Scottish Ministers may by regulations require specified contracting authorities to ensure that—                  

(a)a specified proportion of the goods or works procured by or on behalf of the authorities, or                  

(b)a specified proportion of the materials used in the production, provision or construction of goods, services or works so procured,                  

fall within subsection (2).                  

(2)Something falls within this subsection if—                  

(a)it has been used already (including where it has been refurbished since that use),                  

(b)it has been remanufactured, or                  

(c)it is designed to be repaired, reused, refurbished, remanufactured or recycled.                  

(3)The regulations may, in particular, make provision about—                  

(a)the circumstances in which the requirement applies,                  

(b)the kinds of things in relation to which the requirement applies,                  

(c)how the specified proportions are to be determined,                  

(d)the circumstances in which a person may apply to the Scottish Ministers to have the requirement disapplied,                  

(e)subject to section 89—                  

(i)the enforcement authority in relation to the regulations, and                  

(ii)the functions of that authority,                  

(f)the keeping of records and their production to the enforcement authority,                  

(g)the enforcement of the duties imposed by the regulations,                  

(h)offences in relation to failures to comply with requirements of the regulations.                  

(4)The enforcement authority must have regard to any guidance given by the Scottish Ministers to it in relation to the functions                           conferred on it by the regulations.                  

(5)Persons to whom the regulations apply must have regard to any guidance given by—                  

(a)the Scottish Ministers,                  

(b)the enforcement authority,                  

to them in relation to the requirements imposed by the regulations.                  

(6)In this section—                  
          -  “contracting authority” has the meaning given by section 1 of the Procurement Reform (Scotland) Act 2014,                         
          -  “specified” means specified in the regulations.”.                         

## **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

Commencement Information

I6Sch. para. 1 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

2SScottish Parliamentary Corporate Body

Commencement Information

I7Sch. para. 2 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

3SQueen's and Lord Treasurer's Remembrancer

Commencement Information

I8Sch. para. 3 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

4SKeeper of the Records of Scotland

Commencement Information

I9Sch. para. 4 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

5SKeeper of the Registers of Scotland

Commencement Information

I10Sch. para. 5 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

6SRegistrar General of Births, Deaths and Marriages for Scotland

Commencement Information

I11Sch. para. 6 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

7SHer Majesty's Inspectors of Constabulary

Commencement Information

I12Sch. para. 7 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

8SHer Majesty's Chief Inspector of Prisons for Scotland

Commencement Information

I13Sch. para. 8 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

9SHer Majesty's Inspector of Anatomy for Scotland

Commencement Information

I14Sch. para. 9 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

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))

Commencement Information

I15Sch. para. 10 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

11SOffice of the Scottish Charity Regulator

Commencement Information

I16Sch. para. 11 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

12SProcurators fiscal

Commencement Information

I17Sch. para. 12 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

13SScottish Housing Regulator

Commencement Information

I18Sch. para. 13 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

[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.

[F213BSFood Standards Scotland]

Textual Amendments

F2Sch. para. 13B inserted (1.4.2015) by Food (Scotland) Act 2015 (asp 1), **ss. 17(8)**, 63(2) (with s. 62); S.S.I. 2015/99, art. 2

### **Part 2**SLocal government

14SA local authority

Commencement Information

I19Sch. para. 14 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

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

Commencement Information

I20Sch. para. 15 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

### **Part 3**SOthers

16SAccounts Commission for Scotland

Commencement Information

I21Sch. para. 16 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

17SArchitecture and Design Scotland

Commencement Information

I22Sch. para. 17 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

18SAudit Scotland

Commencement Information

I23Sch. para. 18 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

19SAuditor General for Scotland

Commencement Information

I24Sch. para. 19 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

20SBoard of Trustees for the National Galleries of Scotland

Commencement Information

I25Sch. para. 20 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

21SBoard of Trustees of the National Museums of Scotland

Commencement Information

I26Sch. para. 21 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

22SBoard of Trustees of the Royal Botanic Garden, Edinburgh

Commencement Information

I27Sch. para. 22 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

23SBòrd na Gàidhlig

Commencement Information

I28Sch. para. 23 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

24SChief constable of the Police Service of Scotland

Commencement Information

I29Sch. para. 24 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

25SChildren's Hearings Scotland

Commencement Information

I30Sch. para. 25 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

26SCommission for Ethical Standards in Public Life in Scotland

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I31Sch. para. 26 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

27SCommissioner for Children and Young People in Scotland

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I32Sch. para. 27 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

28SCommon Services Agency for the Scottish Health Service

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I33Sch. para. 28 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

29SCreative Scotland

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I34Sch. para. 29 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

30SCrofting Commission

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I35Sch. para. 30 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

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

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I36Sch. para. 31 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

32SHealthcare Improvement Scotland

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I37Sch. para. 32 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

33SHer Majesty's Chief Inspector of Prosecution in Scotland

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I38Sch. para. 33 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

34SHighlands and Islands Enterprise

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I39Sch. para. 34 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

35SLands Tribunal for Scotland

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I40Sch. para. 35 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

36SLocal Government Boundary Commission for Scotland

Commencement Information

I41Sch. para. 36 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

37SMental Welfare Commission for Scotland

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I42Sch. para. 37 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

38SNational Library of Scotland

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I43Sch. para. 38 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

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

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I44Sch. para. 39 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

40SParole Board for Scotland

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I45Sch. para. 40 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

41SPolice Investigations and Review Commissioner

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I46Sch. para. 41 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

42SPrivate rented housing panel

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I47Sch. para. 42 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

43SRoyal Commission on the Ancient and Historical Monuments of Scotland

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I48Sch. para. 43 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

44SScottish Children's Reporter Administration

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I49Sch. para. 44 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

45SScottish Commission for Human Rights

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I50Sch. para. 45 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

46SScottish Court Service

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I51Sch. para. 46 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

47SScottish Criminal Cases Review Commission

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I52Sch. para. 47 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

48SScottish Enterprise

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I53Sch. para. 48 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

49SScottish Environment Protection Agency

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I54Sch. para. 49 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

50SScottish Fire and Rescue Service

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I55Sch. para. 50 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

51SScottish Further and Higher Education Funding Council

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I56Sch. para. 51 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

52SScottish Information Commissioner

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I57Sch. para. 52 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

53SScottish Land Court

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I58Sch. para. 53 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

54SScottish Law Commission

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I59Sch. para. 54 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

55SScottish Legal Aid Board

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I60Sch. para. 55 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

56SScottish Legal Complaints Commission

Commencement Information

I61Sch. para. 56 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

57SScottish Natural Heritage

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I62Sch. para. 57 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

58SScottish Police Authority

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I63Sch. para. 58 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

59SScottish Public Services Ombudsman

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I64Sch. para. 59 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

60SScottish Qualifications Authority

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I65Sch. para. 60 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

61SScottish Road Works Commissioner

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I66Sch. para. 61 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

62SScottish Social Services Council

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I67Sch. para. 62 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

63SScottish Sports Council

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I68Sch. para. 63 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

64SSocial Care and Social Work Improvement Scotland

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I69Sch. para. 64 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

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

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I70Sch. para. 65 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

66SStandards Commission for Scotland

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I71Sch. para. 66 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

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

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I72Sch. para. 67 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

68SVisitScotland

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I73Sch. para. 68 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**

69SWater Industry Commission for Scotland

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I74Sch. para. 69 in force at 28.9.2015 by S.S.I. 2015/331, **art. 3**