These Regulations make some key amendments to Scotland’s public procurement regime. Under the Public Contracts (Scotland) Regulations 2015 (“PCSRs”), they clarify how Scottish legislation applies in cross-border procurement scenarios involving UK-wide and devolved authorities. The backdrop to the changes is that the Procurement Act 2023 has reformed public procurement elsewhere in the UK, but the PCSRs retain the status quo for Scotland. In policy terms, under the changes only those procedural rules that are necessary for a contract award to take effect will apply. The goal is to avoid duplication, reduce complexity, and ensure that authorities can continue to work together without being hindered by conflicting legal requirements.
- View the Draft Regulations – The Cross-Border Public Procurement (Miscellaneous Amendment) (Scotland) Regulations 2025
- Read the Policy Note – The Cross-Border Public Procurement (Miscellaneous Amendment) (Scotland) Regulations 2025 – Policy Note
The detail
The Procurement Act 2023 applies to most UK public sector bodies but excludes devolved Scottish authorities (see our previous article here). When a devolved Scottish authority participates in a UK-led procurement arrangement (e.g. buying from a UK Framework), section 115A of the Procurement Act 2023 governs the process.
The Cross-Border Regulations mirror this approach. If a UK authority awards a contract under a devolved arrangement carried out jointly with a devolved Scottish authority, and where the Scottish authority is the designated “lead”, Scottish procurement rules apply in full to that contract award. Conversely, when a Scottish authority awards a contract under a reserved arrangement, the provisions of the Procurement Act 2023 apply – and conflicting Scottish rules are disapplied to keep things simple.
The Cross-Border Regulations should have these benefits:
- Clarifying access to Scottish procurement arrangements – The PCSRs will now apply when UK contracting authorities purchase from Scottish procurement arrangements under section 115(3) of the Procurement Act 2023.
- Removing overlapping obligations – When a devolved Scottish authority buys under a UK procurement arrangement, the PCSRs and the Procurement Reform (Scotland) Act 2014 will generally not apply, resolving the current regulatory overlap.
- Applying the same approach to Utilities and Concessions – Similar amendments have been introduced to the Utilities Contracts (Scotland) Regulations 2016 and the Concession Contracts (Scotland) Regulations 2016, promoting consistency across all procurement categories.
Remaining overlaps
The Cross-Border Regulations will clarify how Scottish law applies when UK authorities use Scottish procurement arrangements, but they do not disapply the Procurement Act 2023 in those circumstances. As a result, UK authorities may now find themselves subject to both regimes when accessing Scottish Frameworks. The legislative power to resolve this sit with the UK Parliament.
