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ARTICLE · 22 FEBRUARY 2019

Public Procurement In Scotland Post Brexit

Shepherd and Wedderburn
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The Scottish Government has published its first two Scottish Procurement Policy Notes (SPPNs) for 2019, both of which relate to public procurement in Scotland ...

United KingdomGovernment, Public Sector
Euan Murray
Euan Murray
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The Scottish Government has published its first two Scottish Procurement Policy Notes (SPPNs) for 2019, both of which relate to public procurement in Scotland in the event that the UK exits the European Union without an agreement (a 'no-deal' Brexit), and has published accompanying draft legislation to implement the changes it proposes.

The first policy note ( SPPN 1/2019) sets out the Scottish Government's proposed changes to public procurement legislation. The second policy note ( SPPN 2/2019) sets out further changes relating to the treatment of certain bidders based outwith the UK bidding for contracts in Scotland.

The SPPNs are clear that the changes proposed will not fundamentally change the process of advertising and awarding public contracts in Scotland. However, given that the existing legislation flows from European Directives, certain references and requirements would no longer make sense in the event that the UK leaves the EU without a deal. The

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