Scottish Statutory Instrument SI 2015/446 Scotland

The Public Contracts (Scotland) Regulations 2015

Read it on legislation.gov.uk (opens in a new tab)
Status
Amended (in force with amendments)
Penalty ceiling
Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Operator2

Plus 5 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.

Operator — also bound by 746 other Acts

What it requires

Regulations 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.

reg.60 reg.60 Regulated
  • Submit a Single Procurement Document (SPD) when bidding for public contracts in ScotlandOperator
s.029 Restricted Procedure Regulated
Other duties (1) — Crown / regulator
  • Allow economic operators to request participation in restricted procedure within minimum time periodsLocal authority
s.030 Competitive procedure with negotiation Regulated
Other duties (1) — Crown / regulator
  • Contracting authorities must follow the competitive procedure with negotiation rulesLocal authority
s.032 Innovation Partnership Regulated
Other duties (1) — Crown / regulator
  • Set up and run an innovation partnership for R&D procurementLocal authority
s.043 Technical specifications Regulated
Other duties (1) — Crown / regulator
  • Contracting authorities must draft fair, clear and non‑discriminatory technical specificationsLocal authority
s.061 Means of proof Regulated
Other duties (1) — Crown / regulator
  • Contracting authorities must accept specified proof documents from biddersLocal authority
s.064 Reliance upon the capacities of other entities Regulated
  • Prove you have access to resources of other entities you rely onOperator
105 other provisions — procedural and definitional
s.001 Citation, commencement and extent
s.002 Interpretation
s.003 Subject Matter and application of these Regulations
s.003 Regulation of procurement by UK contracting authorities
s.003 Regulation of procurement under cross-border arrangements
s.004 Mixed Procurement
s.005 Thresholds
s.005 Review and amendment of certain thresholds
s.006 Estimating value
s.007 Exclusions: Utilities
s.008 Exclusions: Concessions
s.009 Exclusions: Electronic Communications
s.010 Exclusions: Public contracts awarded, and design contests organised, pursuant to international rules
s.011 Exclusions: Specific service contracts
s.012 Exclusions: Service contracts awarded on the basis of an exclusive right
s.013 Exclusions: Public contracts between entities within the public sector
s.014 Specific situations: Contracts subsidised by a contracting authority
s.015 Specific situations: Research and development services
s.016 Specific situations: Defence and security
s.017 Mixed procurement involving defence or security aspects
s.018 Public contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules
s.019 Principles of procurement
s.020 Economic Operators
s.021 Reserved contracts
s.022 Confidentiality
s.023 Rules applicable to communication
s.023 Powers to amend regulation
s.024 Nomenclatures
s.025 Conflicts of Interest
s.026 Conditions relating to international agreements by which the EU is bound, other than the GPA
s.026 Conditions relating to the GPA
s.026 Conditions relating to international agreements by which the United Kingdom is bound, other than the GPA
s.027 Choice of procedures
s.028 Open Procedure
s.031 Competitive Dialogue
s.033 Use of the negotiated procedure without prior publication
s.034 Framework Agreements
s.035 Dynamic Purchasing Systems
s.036 Electronic Auctions
s.037 Electronic catalogues
s.038 Centralised purchasing activities and central purchasing bodies
s.039 Occasional joint procurement
s.040 Procurement involving contracting authorities from different member States
s.041 Preliminary market consultation
s.042 Prior involvement of candidates or tenderers
s.044 Labels
s.045 Test reports, certificates and other means of proof
s.046 Variants
s.047 Division of contracts into lots
s.048 Setting time limits
s.049 Prior information notices
s.050 Contract notices
s.051 Contract award notices
s.052 Publication on the UK e-notification service
s.053 Publication otherwise than on the UK e-notification service
s.054 Electronic availability of procurement documents
s.055 Invitations to candidates
s.056 Informing candidates and tenderers
s.057 General principles
s.058 Exclusion grounds
s.059 Selection criteria
s.062 Recourse to e-Certis
s.063 Quality assurance standards and environmental management standards
s.065 Recognition of official lists of approved economic operators and certification by certification bodies.
s.066 Reduction of the number of otherwise qualified candidates to be invited to participate
s.067 Contract award criteria
s.068 Life-cycle costing
s.069 Abnormally low tenders
s.070 Conditions for performance of contracts
s.070 Electronic invoicing
s.071 Subcontracting
s.072 Modification of contracts during their term
s.073 Termination of contracts
s.074 Award of contracts for social and other specific services
s.075 Publication of notices
s.076 Principles of awarding contracts
s.076 Reserved contracts for certain services
s.077 Scope of Section 8
s.078 Notices
s.079 Rules on the organisation of design contests and the selection of participants
s.080 Appointment and composition of the jury
s.081 Decisions of the jury
s.082 Retention of contract copies
s.083 Reporting and documentation requirements
s.083 General provisions about regulations under this Part
s.084 Scope of Chapter 5
s.085 Notices of decisions to award a contract or conclude a framework agreement
s.086 Standstill period
s.087 Duty owed to economic operators , including those from countries with whom the EU has a relevant international agreement other than the GPA
s.087 Duty owed to economic operators from GPA parties
s.087 Duty owed to economic operators from countries with whom the United Kingdom has an international agreement, other than the GPA
s.088 Enforcement of duties through the courts
s.089 Automatic Suspension of authority power to proceed with contract award
s.090 Powers and duties of the court
s.091 Ineffectiveness orders
s.092 Powers of the court
s.093 General interest grounds for not making a declaration of ineffectiveness
s.094 Other orders
s.095 Financial penalties
s.096 Interpretation of Part 6
s.097 Revocations and consequential amendments
s.098 Transitional provision and saving where procurement procedure commenced before 18th April 2016
s.099 Transitional Provision and saving where utilities procurement procedures commenced before 18th April 2016
s.100 Transitory provision prior to full commencement of regulation 23(1) to (7)
s.101 Transitory Provision: temporary exemption
Schedules

Schedules

0 of 13 shown
13 other schedules
s.sch002 In this Schedule, ‘NACE Rev.1’ has the same meaning as...
s.sch004 The products covered by this Schedule are those specified in...
s.sch006 Late Payment of Commercial Debts (Interest) Act 1998
s.sch006 Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013
s.sch006 Energy Savings Opportunity Scheme Regulations 2014
s.sch006 Procurement Reform (Scotland) Act 2014
s.sch006 Small Business, Enterprise and Employment Act 2015
s.sch006 Bathing Waters (Scotland) Regulations 2008
s.sch006 Cleaner Road Transport Vehicles (Scotland) Regulations 2010
s.sch006 Defence and Security Public Contracts Regulations 2011
s.sch006 Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012
s.sch006 Utilities Contracts (Scotland) Regulations 2012
s.sch006 Energy Efficiency (Eligible Buildings) Regulations 2013

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