Scottish Government

New Scottish Procurement Regulations which replace the Public Contracts (Scotland) Regulations 2006 and the Utilities Contracts (Scotland) Regulations 2006 will, subject to Parliamentary approval, come into force on 1 May 2012.

The new Regulations:

• introduce changes to the start date and timescale for bringing court proceedings in the Sheriff Court or the Court of Session relating to an alleged breach of EU procurement law;
• add bribery and serious organised crime offences to the list of offences which result in the mandatory exclusion of suppliers at the selection stage of a procurement process;
• include a number of editorial changes, for example to reflect changes made by the Treaty of Lisbon.

Scottish Procurement Policy Note 1/2012 provides further detail on these changes.

Links to the Regulations:

Public Contracts (Scotland) Regulations 2012

Utilities Contracts (Scotland) Regulations 2012

It has been necessary to make a small number of corrections to Schedule 1 of the Public Contracts (Scotland) Regulations 2012 and Schedule 5 of the Utilities Contracts (Scotland) Regulations 2012.  This has been done in the Public Contracts and Utilities Contracts (Scotland) Amendment Regulations 2012.

Consultation

We published a consultation document on these changes in December 2010. Where respondents gave permission for their responses to be made public, these have been published; an analysis of the consultation responses has also been published.

Executive Notes:

Public Contract (Scotland) Regulations 2012 Executive Note

Utilities Contracts (Scotland) Regulations 2012 Executive Note

Tables of changes and derivations:

Public Contract (Scotland) Regulations 2012 table

Utilities Contracts (Scotland) Regulations 2012 table

Business and Regulatory Impact Assessment (BRIA)

Business and Regulatory Impact Assessment