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Change 1
As published
115A Application of this Act where a devolved Scottish authority carries out procurement under a reserved procurement arrangement etc.
(1) This Act applies, without modification, where a devolved Scottish authority carries out procurement under a reserved procurement arrangement, a devolved Welsh procurement arrangement or a transferred Northern Ireland procurement arrangement, and as part of that procurement arrangement a contract is to be awarded following a procedure or other selection process carried out—
(a) jointly by that authority and one or more contracting authority which is not a devolved Scottish authority, or
(b) by a centralised procurement authority or equivalent body.
(2) In respect of procurement not falling within subsection (1) but to which subsection (3) applies—
(a) the provisions of this Act specified in column (1) of the Table in Schedule 9A apply in relation to that procurement, and
(b) where there is a modification specified in column (2) in respect of a provision specified in column (1), that provision applies subject to that modification.
(3) This subsection applies in relation to procurement carried out by a devolved Scottish authority under a reserved procurement arrangement, a devolved Welsh arrangement or a transferred Northern Ireland procurement, and as part of that procurement arrangement a contract is to be awarded—
(a) in accordance with a framework or similar arrangement, or
(b) by reference to a dynamic market, a utilities dynamic market or similar arrangement.
(4) This section applies only to a devolved Scottish authority which is—
(a) a contracting authority within the meaning of regulation 2(1) of the Public Contracts (Scotland) Regulations 2015, or
(b) a utility within the meaning of regulation 4 of the Utilities Contracts (Scotland) Regulations 2016.
Your change, as a redline
115A Application of this Act where a devolved Scottish authority carries out procurement under a reserved procurement arrangement etc.
(1) This Act applies, without modification, where a devolved Scottish authority carries out procurement under a reserved procurement arrangement, a devolved Welsh procurement arrangement or a transferred Northern Ireland procurement arrangement, and as part of that procurement arrangement a contract is to be awarded following a procedure or other selection process carried out—
(a) jointly by that authority and one or more contracting authority which is not a devolved Scottish authority, or
(b) by a centralised procurement authority or equivalent body.
(2) In respect of procurement not falling within subsection (1) but to which subsection (3) applies—
(a) the provisions of this Act specified in column (1) of the Table in Schedule 9A apply in relation to that procurement, and
(b) where there is a modification specified in column (2) in respect of a provision specified in column (1), that provision applies subject to that modification.
(3) This subsection applies in relation to procurement carried out by a devolved Scottish authority under a reserved procurement arrangement, a devolved Welsh arrangement or a transferred Northern Ireland procurement, and as part of that procurement arrangement a contract is to be awarded—
(a) in accordance with a framework or similar arrangement, or
(b) by reference to a dynamic market, a utilities dynamic market or similar arrangement.
(4) This section applies only to a devolved Scottish authority which is—
(a) a contracting authority within the meaning of regulation 2(1) of the Public Contracts (Scotland) Regulations 2015, or
(b) a utility within the meaning of regulation 4 of the Utilities Contracts (Scotland) Regulations 2016.
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