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New Scottish Procurement Policy Note: Changes to Procurement legislation at the end of the EU Exit Transition Period (11/2020)

10DR Communication

Scottish Procurement has issued a new Scottish Procurement policy note 11/2020, which advises of legislation passed by the Scottish Parliament that makes changes to current Scottish procurement legislation.

As the UK’s Transition Period for exiting the EU ends at 11pm on 31 December 2020, some technical changes need to made to public procurement legislation.

This note clarifies those changes and updates the earlier advice given in SPPN 1/2019.

Key points include:

  • Much of Scotland’s public procurement legislation comes from European Directives. It contains references and requirements which will no longer make any sense at the end of the Transition Period. These need to be changed.
  • Since SPPN 1/2019 was published, further technical changes to procurement legislation have become necessary.
  • None of these technical changes will fundamentally change the procedures and processes of advertising and awarding public contracts.
  • As a result of these further technical changes the legislation laid last year, which was due to come into force at the end of the Transition Period, has been revoked and replaced with an updated Scottish Statutory Instrument. This instrument will make all necessary changes to the Public Contracts (Scotland) Regulations 2015, the Utilities Contracts (Scotland) Regulations 2016, the Concessions Contracts (Scotland) Regulations 2016, Procurement Reform (Scotland) Act 2014 and the Procurement (Scotland) Regulations 2016.

SPPN 11/2020 can be read in full on the Scottish Government website.

SDP Scotland

The Supplier Development Programme has issued previous communications regarding SPPNs which can be viewed on the SDP Scotland website.

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