Procurement Act 2023
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Change 1
91 Treaty state suppliers: non-discrimination in Scotland
(1) A Minister of the Crown or the Scottish Ministers may by regulations make provision for the purpose of ensuring that treaty state suppliers are not discriminated against in the carrying out of devolved procurements. (2) Regulations under subsection (1) may only include provision that is equivalent to provision in— (a) subsection (1), (2), (5) or (6) of section 89 (treaty state suppliers), (b) section 90 (treaty state suppliers: non-discrimination), or (c) Schedule 9 (specified international agreements). (3) Regulations under subsection (1) may not be made unless a Minister of the Crown considers, or the Scottish Ministers consider, that the regulations are necessary in order to ratify or comply with an international agreement to which the United Kingdom is a signatory. (4) In subsection (3), the reference to being a signatory to an international agreement includes a reference to having— (a) exchanged instruments, where the exchange constitutes the agreement; (b) acceded to the agreement. (5) In this section— (a) “devolved procurement” means procurement carried out by a devolved Scottish authority; (b) a reference to discrimination is a reference to discrimination as defined in section 90. (6) Regulations under subsection (1) may modify primary legislation (whenever passed).
91 Treaty state suppliers: non-discrimination in Scotland
(1) A Minister of the Crown or the Scottish Ministers may by regulations make provision for the purpose of ensuring that treaty state suppliers are not discriminated against in the carrying out of devolved procurements. (2) Regulations under subsection (1) may only include provision that is equivalent to provision in— (a) subsection (1), (2), (5) or (6) of section 89 (treaty state suppliers), (b) section 90 (treaty state suppliers: non-discrimination), or (c) Schedule 9 (specified international agreements). (3) Regulations under subsection (1) may not be made unless a Minister of the Crown considers, or the Scottish Ministers consider, that the regulations are necessary in order to ratify or comply with an international agreement to which the United Kingdom is a signatory. (4) In subsection (3), the reference to being a signatory to an international agreement includes a reference to having— (a) exchanged instruments, where the exchange constitutes the agreement; (b) acceded to the agreement. (5) In this section— (a) “devolved procurement” means procurement carried out by a devolved Scottish authority; (b) a reference to discrimination is a reference to discrimination as defined in section 90. (6) Regulations under subsection (1) may modify primary legislation (whenever passed).
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