Publication - Advice and guidance

Public procurement - cross-border co-operation within the UK: SPPN 5/2026

Published: 18 February 2026
Directorate: Scottish Procurement and Property Directorate
Topic: Public sector

This policy note provides contracting authorities with guidance on the legal obligations which apply when devolved Scottish authorities co-operate with reserved, Welsh or Northern Irish authorities on the award of contracts.

Part of

Scottish Procurement Policy Notes (SPPNs)

Purpose

The purpose of this Scottish Procurement Policy Note (SPPN) is to provide contracting authorities with guidance on the legal obligations which apply when devolved Scottish authorities co-operate with reserved, Welsh or Northern Irish authorities on the award of contracts.

Key points

When one authority leads a procurement exercise on behalf of others, the award of the contract will be subject to the rules to which that authority is normally subject.
When a devolved Scottish authority awards a contract under a framework or dynamic market established under the Procurement Act 2023, that Act will largely apply to the call-off procedure.
When a reserved, Welsh or Northern Irish authority awards a contract under a framework agreement or dynamic purchasing system established under Scottish legislation, the Scottish legislation will largely apply to the call-off procedure.

Background

Until recently, the procurement rules across the whole of the UK came from EU law. This meant that they were largely the same across the whole of the EU. That made it simple and straightforward for contracting authorities in one part of the UK to award a contract using a framework agreement or dynamic purchasing system created in another part of the UK.

Following the UK’s exit from the EU, the UK Parliament passed the Procurement Act 2023. This changed the rules for procurement processes carried out by reserved UK contracting authorities, as well as Welsh and Northern Irish contracting authorities.

Devolved Scottish contracting authorities continue to be subject to the pre-existing rules which came from the EU Directives. These are set out in:

Devolved Scottish contracting authorities also continue to be subject to the rules set out in the Procurement Reform (Scotland) Act 2014 and the Procurement (Scotland) Regulations 2016.

Devolved Scottish contracting authorities include the Scottish Government, Scottish health boards, Scottish local authorities, and Scottish universities and colleges.

Because there are now different rules for procurement procedures across the UK, the Scottish and UK Governments have made extra legislation setting out the rules which apply when devolved Scottish authorities co-operate with reserved, Welsh or Northern Irish authorities. This note provides detail on those arrangements.

When one authority leads a procurement on behalf of others

When a reserved, Welsh or Northern Irish contracting authority leads a joint procurement exercise with a devolved Scottish authority, the Procurement Act 2023 applies to the award of that contract. This is set out in section 115A(1)(a) of that Act.

Similarly, when a reserved, Welsh or Northern Irish centralised procurement authority, or equivalent body, carries out a procurement exercise on behalf of a devolved Scottish authority, the Procurement Act 2023 applies to the award of that contract. This is set out in section 115A(1)(b) of that Act.

When a devolved Scottish contracting authority leads a joint procurement exercise with a reserved, Welsh or Northern Irish contracting authority, the relevant Scottish legislation applies to the award of that contract. This is set out in:

Similarly, when a devolved Scottish central purchasing body, or equivalent body, carries out a procurement exercise on behalf of a reserved, Welsh or Northern Irish authority, the relevant Scottish legislation applies to the award of that contract. This is set out in:

The Procurement Reform (Scotland) Act 2014, and the Procurement (Scotland) Regulations 2016 do not apply to reserved, Welsh or Northern Irish authorities.

When a devolved Scottish authority awards a contract under a framework or dynamic market established under the Procurement Act 2023

The Procurement Act 2023 creates new arrangements, known as “frameworks” and “dynamic markets”. These are similar to the “framework agreements” and “dynamic purchasing systems” in Scottish legislation, but there are some important differences.

In particular, the rules for awarding “call-off” contracts are different. There are also different notices which need to be published.

Contracts awarded under framework agreements or dynamic purchasing systems which were advertised or awarded prior to 24 February 2025 are not affected by these new rules.

For newer arrangements, when a devolved Scottish contracting authority awards a contract under a framework or dynamic market, such as one established by Crown Commercial Services, the procedures in that Act will generally apply to the call-off.

The table in Schedule 9A to the Act sets this out in detail. It lists the provisions of the Act, modified as necessary, which apply to devolved Scottish authorities in these circumstances. These include the rules on:

call-off procedures
publication of notices
conditions of participation
award criteria
excluding suppliers
conflicts of interest
equal treatment
remedies

The UK Government has produced written guidance on how to operate under the Procurement Act 2023. An overview of this guidance is available on its website. The following parts of the guidance are of particular relevance:

The UK Government has also produced a series of videos, known as ‘knowledge drops’ to accompany this.

The new procedures and notices in the Procurement Act 2023 are different to those under the Scottish legislation. We therefore recommend that buyers consider that guidance in detail before commencing a contract award procedure. However, some key points which should be kept in mind are:

The procedure for awarding a call-off contract under a framework must be set out in the framework itself. Where this involves an element of competition, this is known as a ‘competitive selection process’.
As part of a competitive selection process, and where it is set out in the framework itself, contracting authorities may include ‘conditions of participation’ – akin to selection criteria in Scottish legislation. These may include conditions that did not apply to the award of the framework, for example, bespoke insurance requirements relevant to the particular call-off contract to be awarded.
Contracting authorities must also consider exclusion grounds before awarding a call-off contract.
When awarding a contract under a dynamic market, the ‘competitive flexible procedure’ must be used. The ‘competitive flexible procedure’ affords contracting authorities some flexibility to design their own competitive tendering procedure, whilst adhering to core standards on matters such as time limits and transparency. For more details, see the UK Government guidance on competitive tendering procedures.
The overall basis of award is referred to as the ‘most advantageous tender’ (MAT), rather than, as in the Scottish legislation, the ‘most economically advantageous tender’ (MEAT). This is intended to clarify and reinforce that tenders do not have to be awarded on the basis of lowest price/cost, or that price/cost must always take precedence over non price/cost factors. Despite the change in terminology, this should therefore be familiar to Scottish buyers.
The notices which must be published in relation to either a call-off contract or a contract awarded under a dynamic market are different to those under the Scottish legislation. Full details are in the UK Government guidance on frameworks and competitive tendering procedures.
Buyers should beware that under the Procurement Act 2023, notices are known by names which may be initially confusing for those accustomed to the requirements of Scottish procurement legislation. For example, a ‘contract award notice’ in relation to a procurement under the 2023 Act is a notice which informs interested parties that a contracting authority intends to enter into a public contract with a specified supplier, and starts a standstill period, while a ‘contract details notice’ is published after the contracting authority has entered into that contract.
Notices must be published on the UK central digital platform. Every contracting authority registered on the platform will be given a unique organisational identifier. This will be generated when it first submits a notice to the platform.
In order to register on the central digital platform, a user from the organisation must register themselves first on OneLogin using a named email address (not a shared one) for security and multifactor authentication. Once completed, this individual is now able to register the organisation.
When registering the organisation it is encouraged to use a shared inbox for the organisation's account as contingency. The organisation's name must match exactly its listing on Gov.uk or other official documentation to avoid rejection.
Once the organisation is successfully added, other relevant users must be invited to join the account by the designated Admin user. The Admin appoints user roles, including additional Admin roles.

Helping to simplify the process, it is important to note that some parts of the Procurement Act 2023 do not apply to devolved Scottish authorities awarding a “call-off” contract under a framework or dynamic market. These include provisions relating to:

the duty to have regard to the objectives set out in section 12
the duty to have regard to the “national procurement policy statement” published by UK Ministers under section 13
planned procurement and pre-market engagement notices, in sections 15, 16 and 17, and pipeline notices, in section 93
the duty to consider lots, in section 18
direct award, in sections 41, 42, 43 and 44
the duty, in section 52, to set and publish key performance indicators in relation to large contracts, and the requirement to assess and publish information on performance, in section 71
the requirement to publish a copy of large contracts, in section 53(3)
payments, in sections 68, 69 and 70
sub-contracting, in sections 72 and 73
modification of contracts, in sections 74, 75, 76 and 77
below-threshold procurements, in sections 84, 85, 86, 87 and 88
procurement oversight, in sections 108, 109 and 110

When a devolved Scottish contracting authority is awarding a contract under these arrangements, certain aspects of the Scottish legislation are disapplied. These include the rules on:

procurement procedures
equal treatment
technical specifications
award criteria
publication of notices
grounds for exclusion
selection criteria
single procurement documents
abnormally low tenders
sub-contracting
remedies
sustainable procurement duty
community benefit requirements

These are set out in detail in the relevant legislation, in:

Reserved, Welsh and Northern Irish authorities using framework agreements or dynamic purchasing systems under Scottish legislation

When a reserved, Welsh or Northern Irish contracting authority awards a contract under a framework agreement or dynamic purchasing system established under the Scottish legislation, the procedures of the relevant Scottish legislation – either the Public Contracts (Scotland) Regulations 2015, or the Utilities Contracts (Scotland) Regulations 2016 – will generally apply to the call-off.

Tables in Schedule 7 to the Public Contracts (Scotland) Regulations 2015 and Schedule 4 to the Utilities Contracts (Scotland) Regulations 2016 set this out in detail. They list the provisions of the Scottish legislation, modified as necessary, which apply to reserved, Welsh and Northern Irish authorities in these circumstances. These include the rules on:

procurement procedures for call-offs
equal treatment
technical specifications
award criteria
publication of notices
grounds for exclusion
selection criteria
single procurement documents
abnormally low tenders
sub-contracting
remedies

The Procurement Journey is comprehensive guidance produced by the Scottish Government on the award of contracts under the Scottish legislation. ‘Route 3’ of the journey contains the guidance on awarding contracts regulated by this legislation.

When considering that guidance, it is important to remember that some parts of the Scottish legislation do not apply to reserved, Welsh or Northern Irish authorities awarding a “call-off” contract under a framework agreement or dynamic purchasing system. These include provisions relating to:

direct award
division of contracts into lots
prior information notices
buyer profiles
special conditions relating to the performance of a contract
modification of contracts

The Procurement Reform (Scotland) Act 2014, and the Procurement (Scotland) Regulations 2016 do not apply to reserved, Welsh or Northern Irish authorities.

Action required

Contracting authorities are asked to note the guidance provided in this SPPN.

Dissemination

Please bring this SPPN to the attention of all relevant staff, including those in agencies, non-departmental public bodies and other sponsored public bodies within your area of responsibility.

Contact

If you have any enquiries about this SPPN please contact Scottish Procurement: scottishprocurement@gov.scot

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