Public procurement across the UK: The ten key differences between the Procurement Act 2023 and Scottish Regulations that suppliers need to know

Suppliers of goods, services and works to the public sector (and those working within the utilities sector) will be well used to the formalities of competitive tendering.

Those working across the UK will know that Scotland opted out of the Procurement Act 2023, choosing to maintain its own legal framework. That legal framework is comprised of the Public Contracts (Scotland) Regulations 2015; the Utilities Contracts (Scotland) Regulations 2016; and the Concession Contracts (Scotland) Regulations 2016 (the “Regulations”).

It is, however, important to highlight that this does not mean that the Procurement Act 2023 (the “Act”)* is irrelevant to the procurement landscape in Scotland. Those contracting authorities who do not fall within the Act’s definition of an excluded “devolved Scottish authority” will be caught by its scope, even if their primary place of operation is in Scotland. For example, the following bodies would all be subject to the Act:

• a contracting authority that is based in Scotland but whose functions all relate to reserved matters;
• a contracting authority based in Scotland whose functions are not just exercisable in, or as regards Scotland; or
• a private utility based in Scotland that has operations beyond Scotland.

With that in mind, not only do suppliers working across the UK need to be aware of the differences between the Act and the Regulations, but suppliers working solely for the public or utilities sectors based in Scotland may find that they have two different regimes to navigate.

We have produced a procurement manual guiding you through the procurement journey. It highlights the 10 key differences between the Act and the Regulations that will affect the way suppliers navigate their way through the procurement journey. 

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