Legislation

Legal Requirements

All public sector procurement must comply with European and Scottish legislation. These do not allow contracts to be awarded on the basis of the location or size of a supplier.

European Law

The Treaty on the Functioning of the European Union (TFEU) fundamental principles form the basis for the three 2014 European Procurement Directives which set out detailed rules for the purchase of goods, services and works by public bodies.

Scottish Law

As of 18 April 2016, public procurement in Scotland is governed by a legal framework which includes:

Regulations implementing the 2014 European Procurement Directives into Scots law:

More detail on procurement legislation is available on the Scottish Government Website.

For the purposes of the Supplier Journey, we use 'public procurement rules' as shorthand to describe the above legal framework.

Local Financial and Standing Orders

In practice, public procurement rules are embedded in a local organisation’s own policies and procedures - often called financial or standing orders. These will usually put in place local arrangements for dealing with contracts - including lower value contracts which may not be covered by procurement legislation.
 

 

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