The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025
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Change 1
20 Amendment of the Concession Contracts (Scotland) Regulations 2016
(1) The Concession Contracts (Scotland) Regulations 2016 are amended as follows. (2) In regulation 2(1) (interpretation)— (a) after the definition of “CPV”, insert— “defence and security contract” has the same meaning as in section 7 of the Procurement Act 2023; ; (b) omit the definition of “Defence and Security Regulations”. (3) In regulation 5(3) (meaning of “utility”)— (a) in sub-paragraph (a), for “, the Utilities Contracts (Scotland) Regulations 2016 or the Defence and Security Regulations” substitute “or the Utilities Contracts (Scotland) Regulations 2016”; (b) after sub-paragraph (a), insert— (aa) procedures in accordance with section 19 of the Procurement Act 2023; . (4) In regulation 10(3) (exclusions: concession contracts awarded pursuant to international rules), for “involving defence or security as referred to in the Defence and Security Regulations” substitute “which is a defence and security contract”. (5) In regulation 11(1)— (a) in the words before sub-paragraph (a), for “in the fields of defence and security as referred to in the Defence and Security Regulations” substitute “which is a defence and security contract”; (b) in paragraphs (a), (b) and (c), for “which are” substitute “which is”; (c) in sub-paragraph (e), for “regulation 7(1)(c) of the Defence and Security Regulations” substitute “paragraph 30 of Schedule 2 to the Procurement Act 2023”. (6) In regulation 22(5) (mixed procurement), for “the Defence and Security Regulations” substitute “would, if awarded as a separate contract, be considered a defence and security contract”. (7) In regulation 23 (mixed procurement involving defence or security aspects)— (a) in paragraph (1), for “the Defence and Security Regulations” substitute “would be considered a defence and security contract”; (b) in paragraph (2), for “the Defence and Security Regulations” substitute “being the supply of anything within section 7(1) of the Procurement Act 2023”; (c) in paragraph (4), for “Defence and Security Regulations” substitute “Procurement Act 2023”; (d) in paragraph (6)(b), for “is covered by the Defence and Security Regulations, the procurement may be undertaken in accordance with those Regulations” substitute “would, if awarded as a separate contract, be considered a defence and security contract, the procurement may be undertaken in accordance with the Procurement Act 2023”; (e) in paragraph (8), for “Defence and Security Regulations” substitute “Procurement Act 2023”. (8) In regulation 25 (contracts covering both activities listed in Schedule 2 and activities involving defence or security aspects)— (a) in paragraph (1), for “the Defence and Security Regulations” substitute “being the supply of anything within section 7(1) of the Procurement Act 2023”; (b) in paragraph (3), for “Defence and Security Regulations” substitute “Procurement Act 2023”. (9) In regulation 40 (exclusion grounds), in paragraph (9)(i), for “in the fields of defence and security as referred to in the Defence and Security Regulations” substitute “which is a defence and security contract”.
20 Amendment of the Concession Contracts (Scotland) Regulations 2016
(1) The Concession Contracts (Scotland) Regulations 2016 are amended as follows. (2) In regulation 2(1) (interpretation)— (a) after the definition of “CPV”, insert— “defence and security contract” has the same meaning as in section 7 of the Procurement Act 2023; ; (b) omit the definition of “Defence and Security Regulations”. (3) In regulation 5(3) (meaning of “utility”)— (a) in sub-paragraph (a), for “, the Utilities Contracts (Scotland) Regulations 2016 or the Defence and Security Regulations” substitute “or the Utilities Contracts (Scotland) Regulations 2016”; (b) after sub-paragraph (a), insert— (aa) procedures in accordance with section 19 of the Procurement Act 2023; . (4) In regulation 10(3) (exclusions: concession contracts awarded pursuant to international rules), for “involving defence or security as referred to in the Defence and Security Regulations” substitute “which is a defence and security contract”. (5) In regulation 11(1)— (a) in the words before sub-paragraph (a), for “in the fields of defence and security as referred to in the Defence and Security Regulations” substitute “which is a defence and security contract”; (b) in paragraphs (a), (b) and (c), for “which are” substitute “which is”; (c) in sub-paragraph (e), for “regulation 7(1)(c) of the Defence and Security Regulations” substitute “paragraph 30 of Schedule 2 to the Procurement Act 2023”. (6) In regulation 22(5) (mixed procurement), for “the Defence and Security Regulations” substitute “would, if awarded as a separate contract, be considered a defence and security contract”. (7) In regulation 23 (mixed procurement involving defence or security aspects)— (a) in paragraph (1), for “the Defence and Security Regulations” substitute “would be considered a defence and security contract”; (b) in paragraph (2), for “the Defence and Security Regulations” substitute “being the supply of anything within section 7(1) of the Procurement Act 2023”; (c) in paragraph (4), for “Defence and Security Regulations” substitute “Procurement Act 2023”; (d) in paragraph (6)(b), for “is covered by the Defence and Security Regulations, the procurement may be undertaken in accordance with those Regulations” substitute “would, if awarded as a separate contract, be considered a defence and security contract, the procurement may be undertaken in accordance with the Procurement Act 2023”; (e) in paragraph (8), for “Defence and Security Regulations” substitute “Procurement Act 2023”. (8) In regulation 25 (contracts covering both activities listed in Schedule 2 and activities involving defence or security aspects)— (a) in paragraph (1), for “the Defence and Security Regulations” substitute “being the supply of anything within section 7(1) of the Procurement Act 2023”; (b) in paragraph (3), for “Defence and Security Regulations” substitute “Procurement Act 2023”. (9) In regulation 40 (exclusion grounds), in paragraph (9)(i), for “in the fields of defence and security as referred to in the Defence and Security Regulations” substitute “which is a defence and security contract”.
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