7. Section 3(2) Procurement Reform (Scotland) Act 2014: it must be noted that section 3(3) of the Act provides an order-making power for the Scottish Ministers to amend the thresholds for application of this Act
8. Section 5 Procurement Reform (Scotland) Act 2014 – estimated value of contract and regulation 3 of the Procurement (Scotland) Regulations 2016 – methods for calculating the estimated value for regulated contracts
14. Section 42(2) Procurement Reform (Scotland) Act 2014 – defines a 'contracting authority's area' as the area by reference to which the contracting authority primarily exercises its functions, disregarding any areas outside Scotland.
18. Farm animal welfare is regulated in Scotland by a variety of legislation:
Animal Health and Welfare (Scotland) Act 2006 provides minimum standards for all protected animals, including farm animals
the Welfare of Animals at the Time of Killing (Scotland) Regulations 2012 regulates the welfare of farmed livestock on-farm
the Welfare of Animals (Transport) (Scotland) Regulations 2006 (as amended) regulates the welfare of animals during transport for commercial purposes
the Welfare of animals at the time of Killing (Scotland) Regulations 2012 and some remaining parts of the Welfare of Animals (Slaughter or Killing) Regulations 1995 regulate the welfare of animals at slaughter
22. Further information on equality legislation, including guidance on the public sector equality duties, can be found on the Equality and Human Rights Commission (EHRC)
25. This is also reflected in regulation 9(7) of The Procurement (Scotland) Regulations 2016
31. University of Glasgow, Training & Employment Research Unit, Analysis of the impact and value of community benefit clauses in procurement, June 2015 – seven of the twenty-four contracts analysed for the Research were valued at below £4 million
33. A generic clause is available to ensure that the use of community benefit requirements do not result in displacement of existing employees or apprentices by recruiting new entrants: 'the contractor shall not cause any current employee of the contractor or any current employee [or apprentice] of its sub- contractors (or any tier) to become unemployed as a result of implementing Community Benefits.'
34. Typically contract duration of greater than six months
36. Scottish Government website – Community Benefit Requirements
40. "umbrella" companies and/or other employment intermediaries
41. Any reference to 'carers' in this statutory guidance includes unpaid carers
44. The Public Bodies (Joint Working) (Scotland) Act 2014 places various duties on the Integration Authorities established by that Act. These are either Integration Joint Boards or Health Boards and/or local authorities acting as lead agencies to create a "strategic plan" for the integrated functions and budgets that they control.
46. Principles of procurement include:
treat economic operators equally and without discrimination; and act in a transparent and proportionate manner.
47. Sections 15 and 18 of the Act are not just relevant to health or social care services contracts but apply more generally to public procurements
48. Priority groups for a contracting authority may depend on its purpose and functions
49. For the purposes of the Act, the contract threshold is £50,000 for a public contract (other than a public works contract), and £2,000,000 for a public works contract.
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