UK Act of Parliament 2014 Scotland

Procurement Reform (Scotland) Act 2014

An Act of the Scottish Parliament to make provision about the procedures relating to the award of certain public contracts; to require certain authorities to produce procurement strategies and annual reports; and for connected purposes.

Read the Act on legislation.gov.uk

Enforcement: No single statutory enforcer
Status: Amended (in force with amendments)
Penalty ceiling: Regulated

Procurement Reform (Scotland) Act 2014 — public procurement framework administered by contracting authorities; no central statutory enforcer

Does it bind you?

Business-side roles with duties under this instrument.

Responsible Person1

Plus 9 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Responsible Person — also bound by 108 other Acts

MH(CT)(S)A 2003 30 duties

Climate Change Levy (General) Regulations 2001 24 duties

Offshore Installations (Offshore Safety Directive) (Safety Case ) Regulations 2015 21 duties

The Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations 1995 21 duties

The Offshore Installations (Safety Case) Regulations 2005 19 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Key concepts and application

0 of 8 sections shown

8 other sections in this Part — procedural and definitional

s.001 Contracting authorities

s.002 Regulated procurements

s.003 Regulated contracts

s.003 Regulation of procurement under cross-border arrangements

s.004 Excluded contracts

s.005 Estimated value of contract

s.006 Framework agreements and call-off contracts

s.007 Dynamic purchasing systems

Part 2

General duties and procurement strategies

6 of 14 sections shown

s.010 Guidance on sustainable procurement duty Regulated

Other duties (1) — Crown / regulator

Scottish Ministers may publish sustainable procurement guidanceCrown / Minister / Government department

s.013 Guidance on procurements for health or social care services Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must publish guidance on health and social care procurementCrown / Minister / Government department

s.017 Compliance with strategy Regulated

Other duties (1) — Crown / regulator

Contracting authorities must follow their procurement strategyLocal authority

s.019 Publication etc. Regulated

Other duties (1) — Crown / regulator

Contracting authorities must publish procurement strategies and reportsLocal authority

s.020 Guidance Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must publish guidance on procurement reportingCrown / Minister / Government department

s.021 Annual report on procurement activity in Scotland Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must publish an annual report on procurement activityCrown / Minister / Government department

8 other sections in this Part — procedural and definitional

s.008 General duties

s.009 Sustainable procurement duty

s.011 Supported businesses

s.012 Contracts for health or social care services

s.014 Other circumstances in which contract can be awarded without competition

s.015 Procurement strategy

s.016 Joint strategies

s.018 Annual procurement reports

Part 3

Specific duties

3 of 15 sections shown

s.022 Public Contracts website Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must maintain the Public Contracts websiteCrown / Minister / Government department

s.031 Charges for participation in procurement process Regulated

Other duties (1) — Crown / regulator

Authorities must not charge fees for procurement participationCrown / Minister / Government department

s.032 Giving of reasons to unsuccessful participants Regulated

Other duties (1) — Crown / regulator

Contracting authorities must provide reasons for procurement decisionsLocal authority

12 other sections in this Part — procedural and definitional

s.023 Publication of contract notices and award notices

s.024 Community benefit requirements

s.025 Community benefit requirements in major contracts

s.026 Guidance on community benefit requirements

s.027 Exclusion of economic operators on grounds of criminal activity

s.028 Selection of tenderers

s.029 Guidance on selection of tenderers and award of contracts

s.030 Technical specifications

s.033 Request for further information

s.034 Withholding information

s.035 Contracts register

s.036 Amendment of Climate Change (Scotland) Act 2009

Part 4

Remedies

1 of 4 sections shown

s.038 Procedure and time limits Regulated

Notify the authority before challenging a procurement decisionResponsible Person

3 other sections in this Part — procedural and definitional

s.037 Actionable duties

s.039 Determination by the court

s.040 Transfer of forum for proceedings to First-tier Tribunal

Part 5

General

0 of 6 sections shown

6 other sections in this Part — procedural and definitional

s.041 Public Contracts Regulations and Higher Value Regulated Procurements

s.042 General interpretation

s.043 Ancillary provision

s.044 Subordinate legislation

s.045 Commencement

s.046 Short title

Schedules

0 of 1 shown

1 other schedule

s.sch002 Procurement under cross-border arrangements

38 other provisions

s.013 Revenue Scotland

s.013 Food Standards Scotland

s.013 Scottish Fiscal Commission

s.013 Consumer Scotland

s.013 Environmental Standards Scotland.

s.023 Boundaries Scotland

s.028 Community Justice Scotland

s.034 Historic Environment Scotland.

s.040 Patient Safety Commissioner for Scotland

s.042 Redress Scotland

s.042 Qualifications Scotland

s.043 Scottish Biometrics Commissioner

s.047 Scottish Criminal Cases Review Commission

s.048 Scottish Enterprise

s.049 Scottish Environment Protection Agency

s.050 Scottish Fire and Rescue Service

s.050 The Scottish Food Commission

s.051 Scottish Further and Higher Education Funding Council

s.052 Scottish Information Commissioner

s.053 Scottish Land Court

s.054 Scottish Law Commission

s.055 Scottish Legal Aid Board

s.056 Scottish Legal Complaints Commission

s.057 Scottish Natural Heritage

s.058 Scottish Police Authority

s.059 Scottish Public Services Ombudsman

s.060 Scottish Qualifications Authority

s.061 Scottish Road Works Commissioner

s.062 Scottish Social Services Council

s.063 Scottish Sports Council

s.064 Social Care and Social Work Improvement Scotland

s.065 A Special Health Board (constituted under section 2(1)(b) of the...

s.066 Standards Commission for Scotland

s.067 The Skills Development Scotland Co. Ltd (registered number SC202659)

s.068 VisitScotland

s.069 Water Industry Commission for Scotland

s.070 Zero Waste Scotland

s.contracting authorities Contracting authorities

Help complying

Guvnor’s practical routes through this instrument.

Business essentials for Scotland

Learning path covering the key Scottish-specific compliance requirements for any business, including business rates, planning, fair work, and regulatory differences from England.

Fair Work First in public procurement

How Fair Work First applies when bidding for Scottish public sector contracts, including the sustainable procurement duty and scored criteria.

Meet Fair Work First requirements

How to meet the mandatory and encouraged Fair Work First criteria when applying for Scottish public sector grants or contracts.

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.