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Scottish Government Releases Guidance on UK Cross Border Framework Procurement

If you are looking to buy goods, works or services from a procurement framework founded in another part of the UK, you might wonder which country’s rules apply to your procurement process.

This blog will explain the Scottish Government guidance on UK cross border use of procurement frameworks.

Background

After Brexit, and the subsequent introduction of the Procurement Act 2023, procurement procedures have been regulated differently across UK countries. The Scottish Government’s SPPN 5/2026 Policy Note provides guidelines on how contracting authorities should lead cross-border procurement exercises.

Which Rules Apply

• If you are a Scottish public body that wants to award a contract using a framework set up under the UK’s Procurement Act 2023, you must follow the UK Procurement Act 2023 rules for that specific contract award.
• If you are a reserved, Welsh, or Northern Irish public body that wants to award a contract using a framework set up under Scottish law, you must follow Scottish procurement rules – Procurement Reform (Scotland) Act 2014 and Procurement (Scotland) Regulations 2016 - for that specific contract award.

When these Rules Apply

These procurement rules apply during the call-off procedure of a Framework Agreement or DPS (Dynamic purchasing systems); the time in which an individual contract is being awarded under a pre-existing framework.

To Whom Do These Rules Apply

• Devolved Scottish public bodies: Scottish Government, Scottish health boards, Scottish local authorities, and Scottish universities and colleges.
• Reserved public bodies: UK bodies that operate in Scotland (e.g. HMRC, DWP, Home Office)
• Welsh and Northern Irish public bodies

How to Get More Guidance on Applying the Rules

If you are still unsure how to approach cross-border frameworks, and you are a Scottish SME, then you can access SDP’s free tender training for more guidance.

• 2.3 Understanding and Bidding - Frameworks and Dynamic Purchasing Systems (DPS)
• 3.2 Expanding to Sell into the Wider UK Market

Training is free to attend, but you must first register with the Supplier Development Programme.