The Procurement Act 2023 (Commencement No. 3 and Transitional and Saving Provisions) Regulations 2024

Regulation 2 commences provisions of the Procurement Act 2023 (“the 2023 Act”). Regulation 2(1) commences, the day after the day on which these Regulations are made, subsections (2), (3) and (4) section 115 of the Act. These provisions allow the Scottish Ministers to apply devolved Scottish procurement legislation to contracting authorities regulated by the Act in certain circumstances. They will also allow the Scottish Ministers to disapply the same legislation where a devolved Scottish contracting authority falls to be regulated by the 2023 Act, following forthcoming amendment of the 2023 Act under section 115(1). The same provisions also allow a Minister of the Crown to amend the application of the 2023 Act in order to facilitate intra-UK procurements governed by devolved Scottish procurement arrangements. Regulation 2(2) brings into force almost all provisions of the 2023 Act not previously commenced, with the effect that, from 28th October 2024, those who fall within the scope of the 2023 Act will be regulated under the new regime. A number of provisions of the 2023 Act were commenced in order to make secondary legislation by S.I.s 2024/61 and 2024/361, as set out in the table below.