Letter from the Minister for Business, Trade, Tourism and Enterprise to the Convener - 26 October 2021
You were notified on 22 June 2021 about the above statutory instrument, which Scottish Ministers consented to on 24 March 2021.
The Public Procurement (Agreement on Government Procurement) (Amendment) (No.2) Regulations 2021 were made on 20 July 2021 by the UK Government using powers in the Trade Act 2021.
The SI, which amends Scottish procurement legislation, has a small anomaly not spotted during drafting. ‘Regional Development Scotland’ was erroneously added to a list of public bodies contained in Schedule 1 of the Public Contracts (Scotland) Regulations 2015. This is despite it never having existed as a public body and no known plans to create it.
On this basis, it is confirmed that the erroneous addition will have no practical or legal effect. The UK Government have acknowledged an administrative error on their part, apologising and offering to correct at the next legislative opportunity, indicated to be some time in 2022 at the earliest.
However, the error is being rectified sooner and with less administrative burden as part of the Public Procurement (Thresholds) (Amendment) (Scotland) Regulations. Due to be laid before the Scottish Parliament on 28 October 2021, these will primarily amend procurement thresholds from 1 January 2022 but will also remove ‘Regional Development Scotland’ from Schedule 1 of the Public Contracts (Scotland) Regulations 2015.
I can confirm that the statutory instrument is otherwise consistent with the consent granted.
A copy of this letter has been sent to the Convenor of the Delegated Powers and Law Reform Committee.
Yours sincerely,
IVAN MCKEE