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Implementation of Procurement Reform (Scotland) Act 2014 and new EU Procurement Directives

9 July 2014

Several new pieces of legislation will be changing the regulatory framework for public procurement across the Scottish public sector:

  • Procurement Reform (Scotland) Act 2014
  • Three new EU Directives:
    - EU Procurement Directive (Classic) – on public procurement
    - EU Procurement Directive (Concessions) - on the award of concession contracts
    - EU Procurement Directive (Utilities) - on procurement by entities operating in the water, energy, transport and postal services sectors

The Act provides Ministers with powers to make Regulations and to issue Statutory Guidance on issues such as workforce matters and the Sustainable Procurement Duty.

The new duties will not come into effect until a Commencement Order and further Regulations are in place, likely to be towards the end of 2015.

Work on the development of those Regulations and the supporting Statutory Guidance is being taken forward together with work on the Regulations that are required to ‘transpose’ (implement) the three new EU Directives into Scots law.

Key milestones and timescales for implementation
  • EU Procurement Directives came into force on 17 April 2014
  • Procurement Reform (Scotland) Act 2014 received Royal Assent on 17 June 2014
  • Stakeholder engagement with interested parties throughout 2014
  • A formal 12-week consultation towards the end of this year, covering:
    - Regulations required to fully implement the Act and
    - policy principles and options available to Member States through the Directives
  • Responses to the consultation will be considered and inform the policy principles for inclusion in the new Regulations
  • The new Regulations are expected to be in place towards the end of 2015

 

Timeline for implementation of Procurement Reform (Scotland) Act 2014 and new EU Procurement Directives