Scottish Statutory Instrument
2015
Scotland
The Public Contracts (Scotland) Regulations 2015
At a glance
What's here
7 compliance obligations
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Operator 2
Plus 5 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Other Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Operators also bound by 730 other Acts (top 5 shown)
- Regulation (EU) No 965/2012 (Air Operations) 2012 138 duties
- Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601/2012 (Text with EEA relevance) 2018 121 duties
- Commission Regulation (EU) No 601/2012 of 21 June 2012 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council (Text with EEA relevance) (repealed) 2012 112 duties
- Space Industry Regulations 2021 2021 75 duties
- Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (Text with EEA relevance) 2016 66 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Schedules
Browse 13 other Schedules — structural / supplementary
The products covered by this Schedule are those specified in...
Late Payment of Commercial Debts (Interest) Act 1998
Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013
Energy Savings Opportunity Scheme Regulations 2014
Procurement Reform (Scotland) Act 2014
Small Business, Enterprise and Employment Act 2015
Bathing Waters (Scotland) Regulations 2008
Cleaner Road Transport Vehicles (Scotland) Regulations 2010
Defence and Security Public Contracts Regulations 2011
Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012
Utilities Contracts (Scotland) Regulations 2012
Energy Efficiency (Eligible Buildings) Regulations 2013
reg.60
- Submit a Single Procurement Document (SPD) when bidding for public contracts in Scotland Operator
Restricted Procedure
Other duties (1) — Crown / regulator
- Allow economic operators to request participation in restricted procedure within minimum time periods Local authority
Competitive procedure with negotiation
Other duties (1) — Crown / regulator
- Contracting authorities must follow the competitive procedure with negotiation rules Local authority
Innovation Partnership
Other duties (1) — Crown / regulator
- Set up and run an innovation partnership for R&D procurement Local authority
Technical specifications
Other duties (1) — Crown / regulator
- Contracting authorities must draft fair, clear and non‑discriminatory technical specifications Local authority
Means of proof
Other duties (1) — Crown / regulator
- Contracting authorities must accept specified proof documents from bidders Local authority
Reliance upon the capacities of other entities
- Prove you have access to resources of other entities you rely on Operator
Browse 105 other sections — procedural / definitional / commencement
Citation, commencement and extent
Interpretation
Subject Matter and application of these Regulations
Regulation of procurement by UK contracting authorities
Regulation of procurement under cross-border arrangements
Mixed Procurement
Thresholds
Review and amendment of certain thresholds
Estimating value
Exclusions: Utilities
Exclusions: Concessions
Exclusions: Electronic Communications
Exclusions: Public contracts awarded, and design contests organised, pursuant to international rules
Exclusions: Specific service contracts
Exclusions: Service contracts awarded on the basis of an exclusive right
Exclusions: Public contracts between entities within the public sector
Specific situations: Contracts subsidised by a contracting authority
Specific situations: Research and development services
Specific situations: Defence and security
Mixed procurement involving defence or security aspects
Public contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules
Principles of procurement
Economic Operators
Reserved contracts
Confidentiality
Rules applicable to communication
Powers to amend regulation
Nomenclatures
Conflicts of Interest
Conditions relating to international agreements by which the EU is bound, other than the GPA
Conditions relating to the GPA
Conditions relating to international agreements by which the United Kingdom is bound, other than the GPA
Choice of procedures
Open Procedure
Competitive Dialogue
Use of the negotiated procedure without prior publication
Framework Agreements
Dynamic Purchasing Systems
Electronic Auctions
Electronic catalogues
Centralised purchasing activities and central purchasing bodies
Occasional joint procurement
Procurement involving contracting authorities from different member States
Preliminary market consultation
Prior involvement of candidates or tenderers
Labels
Test reports, certificates and other means of proof
Variants
Division of contracts into lots
Setting time limits
Prior information notices
Contract notices
Contract award notices
Publication on the UK e-notification service
Publication otherwise than on the UK e-notification service
Electronic availability of procurement documents
Invitations to candidates
Informing candidates and tenderers
General principles
Exclusion grounds
Selection criteria
Recourse to e-Certis
Quality assurance standards and environmental management standards
Recognition of official lists of approved economic operators and certification by certification bodies.
Reduction of the number of otherwise qualified candidates to be invited to participate
Contract award criteria
Life-cycle costing
Abnormally low tenders
Conditions for performance of contracts
Electronic invoicing
Subcontracting
Modification of contracts during their term
Termination of contracts
Award of contracts for social and other specific services
Publication of notices
Principles of awarding contracts
Reserved contracts for certain services
Scope of Section 8
Notices
Rules on the organisation of design contests and the selection of participants
Appointment and composition of the jury
Decisions of the jury
Retention of contract copies
Reporting and documentation requirements
General provisions about regulations under this Part
Scope of Chapter 5
Notices of decisions to award a contract or conclude a framework agreement
Standstill period
Duty owed to economic operators , including those from countries with whom the EU has a relevant international agreement other than the GPA
Duty owed to economic operators from GPA parties
Duty owed to economic operators from countries with whom the United Kingdom has an international agreement, other than the GPA
Enforcement of duties through the courts
Automatic Suspension of authority power to proceed with contract award
Powers and duties of the court
Ineffectiveness orders
Powers of the court
General interest grounds for not making a declaration of ineffectiveness
Other orders
Financial penalties
Interpretation of Part 6
Revocations and consequential amendments
Transitional provision and saving where procurement procedure commenced before 18th April 2016
Transitional Provision and saving where utilities procurement procedures commenced before 18th April 2016
Transitory provision prior to full commencement of regulation 23(1) to (7)
Transitory Provision: temporary exemption
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- Find public tender opportunities (opens in a new tab) Detailed Guidance
- Find a Tender (opens in a new tab) Detailed Guidance
Explore more
Browse legislation
Find other UK business legislation with related guidance.