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Changes to the Public Procurement Rules in Scotland - Scottish Government Formal Response to Consultation

Changes to the Public Procurement Rules in Scotland - Scottish Government Formal Response to Consultation

Thursday, December 17, 2015

ISBN: 9781785449062

This report sets out the Scottish Government’s response to the analysis of the consultation on Changes to the Public Procurement Rules in Scotland which concluded on 30 April 2015.

Executive Summary

This report sets out the Scottish Government’s response to the analysis of the consultation on Changes to the Public Procurement Rules in Scotland which was carried out between 9 February and 30 April 2015.

The changes to the public procurement rules have arisen as a result of:

The Procurement Reform (Scotland) Act 2014

EU Directive 2014/24/EU on Directive on public sector contracts, replacing Directive 2004/18/EU;

EU Directive 2014/25/EU on utility contracts, replacing Directive 2004/17/EU; and

EU Directive 2014/23/EU on the award of concession contracts, which does not directly replace any previous Directive.

The EU Procurement Directives, which came into force in April 2014, give Member States a number of decisions on implementing particular provisions into national law and must be implemented into new Scottish Regulations by 18 April 2016. The Scottish Government consulted on these changes, focussing on those elements of the Directives which are discretionary. The issues raised in the consultation, a summary of respondents comments, and the Scottish Government’s response, as detailed in this report, will shape the new legislation.