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Statutory Guidance

Statutory Guidance under the Procurement Reform (Scotland) Act 2014

Statutory guidance does not constitute legal advice. A contracting authority should seek its own legal advice where it is uncertain about the legal rules and their application. This guidance applies to regulated procurements which commenced on or after 18 April 2016.

The Procurement Reform (Scotland) Act 2014 allows Scottish Ministers to publish statutory guidance to support the implementation of this Act.

We have published statutory guidance on the following areas of the legislation:

The statutory guidance describes how public bodies should support the ambitions of the Act. This includes describing how sustainable procurement can help us to deliver our National Outcomes. The guidance also says how buyers can deal with suppliers which have blacklisted workers, or have not paid tax. It explains how and when buyers can exclude these businesses from bidding for public contracts. It also emphasises our view that if a business takes a positive approach to fair work practices, then this can have an impact on the quality of services, goods and works it provides. 

The following table shows when the various elements of the statutory guidance comes into force:

Statutory guidance Date of commencement
Publication of first procurement strategy (chapter 2) 31 December 2016 at the latest
Publication of first procurement report (chapter 2) End of 2017/18 financial year
The sustainable procurement duty (chapter 3) 1 June 2016
Community benefit requirements (chapter 4) 1 June 2016
Selection of tenderers and award of contracts (chapter 5) 18 April 2016
Procurement for health or social care services (chapter 6) 18 April 2016
Addressing fair work practices, including the living wage, in procurement (separate publication) 1 November 2015

Read the statutory guidance in full.

More information about the Fair Work practices, including the real Living Wage, in procurement.

Further information about the statutory guidance can be found in the following Scottish Procurement Policy Note:

If you would like further information about the statutory guidance please email Scottish Procurement.