SCHEDULE 6CONSEQUENTIAL AND MISCELLANEOUS AMENDMENTS

PART 2MODIFICATIONS TO SUBORDINATE LEGISLATION

Defence and Security Public Contracts Regulations 20116

1

The Defence and Security Public Contracts Regulations 2011 M1 are amended as follows.

2

In regulation 3(1) M2 (interpretation), in the definition of “central purchasing body”, for “regulation 3 of the Public Contracts (Scotland) Regulations 2012” substitute “ regulation 2(1) of the Public Contracts (Scotland) Regulations 2015 ”.

3

In regulation 4(b) M3 (contracting authorities), for “regulation 3 of the Public Contracts (Scotland) Regulations 2012” substitute “ regulation 2(1) of the Public Contracts (Scotland) Regulations 2015 ”.

4

In regulation 6 M4 (application), for “the Public Contracts (Scotland) Regulations 2012”, in each place it occurs, substitute “ the Public Contracts (Scotland) Regulations 2015 ”.

5

In regulations 16(2)(b) M5 (use of the negotiated procedure without prior publication of a contract notice), 31(9)(b) M6 (criteria for the award of a contract) and 33(14)(b) M7 (information about contract award procedures) for heads (ii) and (iii), in each place they occur, substitute—

ii

a “body governed by public law” within the meaning of regulation 2(1) of the Public Contracts (Scotland) Regulations 2015 and the Secretary of State for Defence is the authority referred to in any of the sub-paragraphs (a) to (c) of that definition for that body or the financing, supervisory or appointing body, or

iii

an association formed by either the Secretary of State for Defence or one or more bodies governed by public law within the meaning of (i) or (ii).

6

In regulation 46(3) M8 both paragraphs (b) substitute—

b

a “body governed by public law” within the meaning of regulation 2(1) of the Public Contracts (Scotland) Regulations 2015 and the Secretary of State for Defence is the authority referred to in any of the sub-paragraphs (a) to (c) of that definition for that body or the financing, supervisory or appointing body, or

c

an associated formed by either the Secretary of State for Defence or one or more bodies governed by public law within the meaning of (a) or (b).