52.Section 7 in Chapter 3 of Part 2 of the Public Contracts (Scotland) Regulations 2015 sets out obligations on public bodies in relation to how they award contracts for services of the kind listed in schedule 3 of the Regulations (which is titled social and other specific services). In order for the Regulations to apply in relation to a public service contract for those services, the estimated value of the contract must be equal to or greater than the threshold amount specified in regulation 5(1)(d). At the time these Explanatory Notes were prepared, that amount was £663,540.
53.Section 17 of the Act inserts a new regulation 5B into the 2015 Regulations, conferring on the Scottish Ministers a power to make regulations modifying the threshold amount specified in regulation 5(1)(d). By virtue of regulation 83A of the 2015 Regulations, regulations under the new power to modify the threshold will be subject to the negative procedure (as defined by section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).
Overview of the Act Overview of Part 2 Threshold for Public Contracts (Scotland) Regulations 2015 to apply