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Committee reports
Date published:
11 October 2022
Legislative Consent Memorandum: delegated powers relevant to Scotland in the Procurement Bill
Annex: additional delegated powers in the Bill
Clauses:PowerClause 6 Defence and Security ContractsConfers a power on a Minister of the Crown to make regulations specifying that a contracting authority is a defence authority.Clause 8 Light Touch ContractsConfers a power on an appropriate authority (minister of the Crown, Welsh Ministers or a Northern Ireland Department) to make regulations specifying which categories of contract can benefit from “light touch” provisions.Clause 12 The national procurement policy statementConfers a power on a Minister of the Crown to publish a National Procurement Policy Statement and creates an obligation for contracting authorities to have regard to that NPPS.Clause 33 Reserving Contracts to Public Service MutualsConfers a power on an appropriate authority to make regulations to specify the services which contracting authorities can reserve certain contracts to be bid for by public service mutuals.Clause 41 Direct Award to Protect Life etcConfers a power on a Minister of the Crown to make regulations that certain contracts, or classes of contracts, can be procured without running a competition (direct award) when they are necessary to protect life.Clause 50 Key Performance IndicatorsConfers a power on an appropriate authority to make regulations setting the KPI’s in certain public contracts to measure contract performance.Clause 51 Contract Detail Notices and Publication of ContractsConfers a power on a Minister of the Crown or a Northern Ireland Department to make regulations to amend the financial threshold for the purposes of contract publication.Clause 61 Debarment Decisions: AppealsConfers a power on a Minster of the Crown to make regulations providing for a statutory appeal mechanism for suppliers to appeal debarment decisions.Clause 62 Electronic Invoicing: Implied TermConfers a power on an appropriate authority to make regulations to amend the requirements of an electronic invoice.Clause 63 Implied Payment Terms in Public ContractsConfers a power on an appropriate authority to make regulations to amend the 30 day payment period.Clause 64 Payments Compliance NoticesConfers a power on an appropriate authority to make regulations setting out the form and content of a payment’s compliance notice.Clause 65 Information about payments under public contractsConfers a power on an appropriate authority to make regulations amending the financial threshold or period of time for publication of certain public contracts that meet the financial threshold when payment is made.Clause 70 Contract Change Notices and Publication of ModificationsConfers a power on a Minister of the Crown to make regulations to amend the financial threshold over which a contracting authority has to publish a contract change notice.Clause 78 Regulated Below-threshold ContractsConfers a power on a Minister of the Crown to make regulations to amend the financial threshold to take account both inflation and interaction with the upper thresholds.Clause 79 Regulated below-threshold contracts: noticesConfers a power on a Minister of the Crown to make regulations to amend the financial thresholds.Clause 80 Regulated below-threshold contracts: implied payment termsConfers a power on a Minister of the Crown to make regulations to amend the threshold contacts for the purpose of changing the number of days for the sum due to be paid under the contract (no more than 30 days).Clause 81 Treaty state suppliersConfers a power on a Minister of the Crown to make regulations to amend schedule 9 (which sets out a list of the agreements under which such entitlements are created) for the purpose of an international agreement.Clause 84 Pipeline noticesConfers a power on a Minister of the Crown to make regulations to change the financial thresholds.Clause 86 notices, documents and information: regulationsConfers a power on a Minister of the Crown to make regulations to amend the number and content of different obligations to publish or produce notices, documents and other information.Clause 88 Information relating to a procurementConfers a power on a Minister of the Crown to make regulations to set a minimum requirement for how contracting authorities receive information and for contracting authorities to take information from the register to suppliers.Clause 97 Recommendations following procurement investigationsConfers a power on a Minister of the Crown to make recommendations as to how to prevent future non-compliance.Clause 98 Guidance following procurement investigationsConfers a power on a Minister of the Crown to provide guidance to ensure that all contracting authorities can learn from the non-compliance identified in the course of the investigation.Clause 104 Disapplication of duty in section 17 of the Local Government Act 1988Confers a power on a Minister of the Crown to make regulations to disapply the prohibitions on a case-by-case basis.Clause 108 Power to disapply this Act in relation to procurement by NHS in EnglandConfers a power on a Minister of the Crown to make regulations in relation to devolved Scottish authorities (the Public Contracts (Scotland) Regulations 2015, the Utilities Contracts (Scotland) Regulations 2016 and the Concession Contracts (Scotland) Regulations 2016).Clause 109 Power to amend this Act in relation to private utilitiesConfers a power on a Minister of the Crown to make regulations to amend the rules applicable to private utilities in order to remove regulations that are unnecessarily burdensome for private entities.Clause 112 Power to make consequential, etc, provisionConfers a power on a Minister of the Crown to make regulations to repeal or modify those legislative provisions that will be in effect amended by the Procurement Bill and to make regulations concerning transitional provision.Schedule 1 threshold amounts, paragraphs 2 and 3Confers a power on a Minister of the Crown to make regulations to amend the thresholds (GPA-related thresholds, defence and security thresholds, LTR thresholds and the defence and security thresholds).Schedule 1 threshold amounts, paragraph 5Confers a power on a Minister of the Crown to make regulations to establish a list of entities that are to be considered central government entities.Schedule 1 threshold amounts, paragraph 5Confers a power on a Minister of the Crown to make regulations to establish a list of types of activity that count as “works”.Schedule 2 exempted contracts, paragraphs 2 and 3Confers a power on a Minister of the Crown to make regulations to provide for a provision about how a determination as to the percentage of activities carried out by a person is to be made.Schedule 2 exempted contracts, paragraph 17Confers a power on a Minister of the Crown to make regulations to enable “public passenger transport services” to be described in regulations.Schedule 2 exempted Contracts, paragraph 32Confers a power on a Minister of the Crown to make regulations about how a person’s affiliated turnover amount and total turnover amount.Schedule 2 exempted contracts, paragraph 34Confers a power on a Minister of the Crown to make regulations which provide for the description of a “qualifying air carrier”.Schedule 4 utility activities, paragraph 1Confers a power on a Minister of the Crown to make regulations as to how to calculate the turnover amount associated with the amount of gas and heat supplied to a network by a person.Schedule 4 utility activities, paragraph 2Confers a power on a Minister of the Crown to make regulations as to how to calculate the turnover amount associated with the amount of electricity supplied against all energy supplied by a person.Schedule 4 utility activities, paragraph 3Confers a power on a Minister of the Crown to make regulations as to how to calculate the amount of drinking water supplied by a person.Schedule 4 utility activities, paragraphs 7...
Committees
Published:
12 January 2022
Written submission from Professor Kenneth A Armstrong
The application of these principles leads to the disapplication of local rules that are inconsistent with these principles.
7. The reach of these two principles in respet of goods is summarised in this table:
Please see the Annexe A for the table.
8.
SPICe briefings
Date published:
5 October 2020
Issue 14: EU-UK future relationship negotiations
In the UK Government's written statement to the UK Parliament on 14 September providing an update on the negotiations during Round 8, it stated:
We remain committed to working hard to reach agreement by the middle of October, as the Prime Minister set out in his statement of 7 September. Negotiators have agreed to meet again, as planned in line with the te...
SPICe briefings
Date published:
3 December 2019
Earnings in Scotland 2019
Typical weekly pay for part-time employees in Scotland is the second highest of the nations and regions of the UKFigure 7: Gross weekly pay for part-time employees in across the nations and regions of the UK - 2019Employee earnings in the UK: 2019 In Scotland 27% of people work part-time.
Committee reports
Date published:
31 October 2018
Report on Trade Bill LCM - The Role of The Devolved Governments and Legislatures
Finance and Constitution Committee 18 April 2018, Daphne Vlastari (Scottish Environment LINK), contrib. 7, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?
Committee reports
Date published:
11 May 2018
EU Engagement and Scrutiny by the Committees of the Scottish Parliament 2017-2018 - Annex A
Following publication of the research SPICe held a breakfast seminar on Brexit and Health and Social Care on Wednesday 7 February 2018. Professor Alison Britton, convener of the Law Society of Scotland Health and Medical Law Committee and Professor Jean V.
Official Report
Meeting date:
21 April 2009
Finance Committee, 21 Apr 2009
North Strathclyde community justice authority is seeking approval to vire about 7 per cent of non-core funding to core funding.
Official Report
Meeting date:
1 November 2007
Plenary, 01 Nov 2007
We think that involving young people in the justice system promotes responsibility and possibly prevents the alienation that often leads to antisocial behaviour.Figures from the Department for Environment, Food and Rural Affairs show that, where mediation is used, full agreement is achieved in an average of 84 per cent of cases and no improvement is achieved in only 7 per cent of cases. Those figures clearly suggest that an expansion of community mediation would have a beneficial impact on dispute resolution in Scotland.However, as I said at the beginning of my speech, things are not all positive.
Official Report
Meeting date:
28 October 2010
Meeting of the Parliament 28 October 2010
Someone who worked for Sainsbury’s would recognise it as a buy one get one free offer. If we spend £1 million from our existing budget on renewable energy projects, we will get £1 million in additional money guaranteed for Scotland to be spent on renewable energy projects.
Official Report
Meeting date:
6 October 2010
Public Audit Committee 06 October 2010
It seemed to me that it was an implicit understanding that whoever bought the company would take on the liabilities. That is an automatic feature of buying a company. It was always absolutely explicit in the discussions that the Scottish Government could not justify bearing the financial costs of meeting those liabilities.
