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Implementing the new EU Procurement Directives and the Procurement Reform (Scotland) Act 2014

4 August 2015

We are currently finalising a report on the analysis of responses to the consultation on changes to the public procurement rules in Scotland. Due to be published in early August, the results have captured a broad range of views from the procurement community and beyond. Responses to the consultation are informing the development of secondary legislation implementing the new Directives as well as secondary legislation and statutory guidance arising from the Act.

In an update given to the Infrastructure and Capital Investment Committee on 17 June, the Cabinet Secretary for Infrastructure, Investment and Cities confirmed our intention to lay the regulations before the Scottish Parliament by the end of this calendar year. The Cabinet Secretary also said that we intend to introduce in the autumn statutory guidance that addresses fair work practices including living wage in procurement. Alongside that guidance, we may take the opportunity to commence a number of other provisions within the Act for technical reasons.

Work to develop statutory guidance on other aspects of the Act is progressing as is continued engagement with key stakeholders. We intend to have other draft statutory guidance ready around the time that we lay the legislation before the Scottish Parliament.

Whilst work will continue at a pace to get the implementing regulations ready for laying by the end of the year, we have received a number of requests from the procurement community and others, for us to allow a reasonable period of time between laying the regulations and their coming into force. This would allow time for organisations to make necessary changes to their internal processes and procedures. This is something we are carefully considering and we’ll provide a further update in due course, although it is worth pointing out that we must bring into force legislation to transpose the EU Procurement Directives by 18 April 2016 at the latest.

We are currently assessing the impact of the rule changes on our systems and considering the scope of the training provision required as a result of these changes. We will progress work to ensure that the systems will be compatible with the rule changes and to ensure that training is delivered in good time before the new rules come into force in order to support a smooth transition. This training will focus on changes from existing to new rules and there will be a level of assumption that people are already proficient with current EU legislation.

Individual sectors and organisations will be preparing to adapt internal procedures and processes, and considering what skills and development requirements will be necessary within their organisations to prepare for the new rules. We will provide regular national updates on implementation of the new rules, and we would actively encourage organisations to continue their own preparations.

Keep up to date with further developments by accessing the web pages on implementing the legislation.