Procurement Reform (Scotland) Act 2014: statutory guidance

Footnotes

1. Changes to the Public Procurement Rules in Scotland Consultation - Analysis of the Responses

2. Defined as £5 million of regulated procurement spend in section 15(4) Procurement Reform (Scotland) Act 2014

3. Article 5 of the Procurement Reform (Scotland) Act 2014 (Commencement No. 3 and Transitional Provisions) Order 2016

4. Section 8(1)(b) Procurement Reform (Scotland) Act 2014

5. Section 9 Procurement Reform (Scotland) Act 2014

6. Section 15(2) – (3) Procurement Reform (Scotland) Act 2014

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

9. Section 19(3) Procurement Reform (Scotland) Act 2014

10. Section 8 Procurement Reform (Scotland) Act 2014

11. Regulation 41 of the Public Contracts (Scotland) Regulations 2015

12. Section 9 Procurement Reform (Scotland) Act 2014

13. University of Glasgow, Training & Employment Research Unit, Analysis of the impact and value of community benefit clauses in procurement, June 2015, p.17.

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.

15. Regulation 19(4) The Public Contracts (Scotland) Regulations 2015

16. Regulation 44 The Public Contracts (Scotland) Regulations 2015

17. Recipe for Success: Scotland's National Food and Drink Policy – Becoming a Good Food Nation, Discussion Document

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

19. the Late Payment of Commercial Debts Regulations 2013; the Late Payment of Commercial Debts (Scotland) (No. 2) Regulations 2013; the Late Payment of Commercial Debts (Scotland) Regulations 2015

20. Section 18(1) Procurement Reform (Scotland) Act 2014

21. Section 18(3) Procurement Reform (Scotland) Act 2014

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)

23. Section 21 Procurement Reform (Scotland) Act 2014

24. The Procurement Reform (Scotland) Act 2014 (Commencement No. 3 and Transitional Provisions) Order 2016

25. This is also reflected in regulation 9(7) of The Procurement (Scotland) Regulations 2016

26. http://www.gov.scot/About/Performance/scotPerforms/outcome

27. University of Glasgow, Training & Employment Research Unit, Analysis of the impact and value of community benefit clauses in procurement, June 2015

28. Article 4 The Procurement Reform (Scotland) Act 2014 (Commencement No. 3 and Transitional Provisions) Order 2016

29. Section 25(5) Procurement Reform (Scotland) Act 2014

30. Section 3 Procurement Reform (Scotland) Act 2014

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

32. A range of environmental considerations are covered by the tools supporting the sustainable procurement duty

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

35. Equality Act 2010 and Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012

36. Scottish Government website – Community Benefit Requirements

37. Also see section 6.5.4. on technical and professional ability in Chapter 6

38. Section 25(4) Procurement Reform (Scotland) Act 2014

39. Section 18 Procurement Reform (Scotland) Act 2014

40. "umbrella" companies and/or other employment intermediaries

41. Any reference to 'carers' in this statutory guidance includes unpaid carers

42. The Public Contracts (Scotland) Regulations 2015 and, The Procurement (Scotland) Regulations 2016

43. Social Care (Self-Directed Support) (Scotland) Act 2013

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.

45. Regulations 74 – 76 The Public Contracts (Scotland) Regulations 2015

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.