The Public Contracts (Scotland) Regulations 2015

Economic Partnership Agreement between the CARIFORUM States, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, signed in St Lucia on 22nd March 2019.

Trade Agreement between the United Kingdom of Great Britain and Northern Ireland, of the one part, and the Republic of Colombia, the Republic of Ecuador and the Republic of Peru, of the other part, signed at Quito on 15th May 2019.

Agreement Establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed at Managua on 18th July 2019.

Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland, of the one part, and the Republic of Korea, of the other part, signed at London on 22nd August 2019.

Strategic Partnership and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and Georgia, signed at London on 21st October 2019, as amended by Amending Agreement No. 2 signed at Tbilisi on 2nd and 14th December 2022.

Partnership, Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Kosovo, signed at Pristina on 3rd December 2019, as amended by Amending Agreement No. 1 signed at Pristina on 19th September 2023.

Political, Free Trade and Strategic Partnership Agreement between the United Kingdom of Great Britain and Northern Ireland and Ukraine, signed at London on 8th October 2020, as amended by Agreement No. 2 in the form of Exchange of Letters signed at Kyiv on 18th August 2022.

Agreement between the United Kingdom of Great Britain and Northern Ireland and Japan for a Comprehensive Economic Partnership, signed at Tokyo on 23rd October 2020.

Partnership, Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of North Macedonia, signed at Skopje on 3rd December 2020, as amended by Agreement No. 1 in the form of an Exchange of Letters signed at Skopje on 10th December 2021.

Agreement on Trade Continuity between the United Kingdom of Great Britain and Northern Ireland and Canada, signed at Ottawa on 9th December 2020.

Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Singapore, signed at Singapore on 10th December 2020.

Trade Continuity Agreement between the United Kingdom of Great Britain and Northern Ireland and the United Mexican States, signed at Mexico City on 15th December 2020.

Strategic Partnership, Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Moldova, signed at Chisinau on 24th December 2020, as amended by Amending Agreement No. 2 signed at Chisinau on 25th May 2023.

Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and the Socialist Republic of Viet Nam, signed at London on 29th December 2020.

Partnership, Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Albania, signed at Tirana on 5th February 2021, as amended by the Exchange of Letters No. 1 signed at Tirana on 12th January 2023 and 12th June 2023.

Partnership, Trade and Cooperation Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Serbia, signed at Belgrade on 16th April 2021.

PART1 — GPA ANNEX 1 CONTRACTING AUTHORITIES

Attorney General’s Office

Government Legal Department

Cabinet Office

Office of the Parliamentary Counsel

Boundary Commission for England

Crown Commercial Service

Charity Commission

Crown Estate – Vote Expenditure Only

Crown Prosecution Service

Department for Business, Energy and Industrial Strategy

Competition Appeal Tribunal

Competition and Markets Authority

Competition Service

Intellectual Property Office

Nuclear Decommissioning Authority

Metrological Office (known as “Met Office”)

Office of Manpower Economics

Oil and Gas Authority

UK Research and Innovation

Department for Education

Office for Students

Ministry of Housing, Communities and Local Government

Department for Digital, Culture, Media and Sport

Arts Council England

British Library

British Museum

The Gambling Commission

Historic Buildings and Monuments Commission for England (known as “Historic England”)

Imperial War Museum

National Gallery

National Maritime Museum

National Portrait Gallery

Natural History Museum

Board of Trustees of the Science Museum (known as “Science Museum Group”)

Tate Gallery

Victoria and Albert Museum

Wallace Collection

Department for Environment, Food and Rural Affairs

Natural England

Plant Variety Rights Office

Royal Botanic Gardens, Kew

Department of Health and Social Care

NHS Business Services Authority

NHS England

NHS Trusts

NHS Foundation Trusts

Department for International Trade

Department for Transport

Maritime and Coastguard Agency

Highways England Company Ltd (known as “Highways England”)

Department for Work and Pensions

Office of Nuclear Regulation

Pensions Regulator

Social Security Advisory Committee

Export Credits Guarantee Department (known as “UK Export Finance”)

Foreign, Commonwealth and Development Office

Wilton Park

Government Actuary’s Department

Government Communications Headquarters

Home Office

HM Inspectorate of Constabulary and Fire & Rescue Services

Corporate Officer of the House of Commons

Corporate Officer of the House of Lords

Ministry of Defence

Defence Equipment & Support

Ministry of Justice

Court of Appeal (England and Wales)

Employment Appeals Tribunal

Employment Tribunals

First-tier Tribunal

Her Majesty’s Courts and Tribunals Service

Law Commission

Legal Aid Agency – England and Wales

Office of the Official Solicitor to the Senior Courts and the Public Trustee

Office of the Public Guardian

Parole Board

UK Supreme Court

Upper Tribunal

The National Archives

National Audit Office

National Savings and Investments

Northern Ireland Assembly Commission

Northern Ireland Ministers

Agricultural Wages Board for Northern Ireland

Attorney General for Northern Ireland

Department of Agriculture, Environment and Rural Affairs

Department for Communities

Department for the Economy

Consumer Council Northern Ireland (with respect only to the functions transferred from the National Consumer Council which were themselves transferred from the Gas and Electricity Consumer Council)

Department of Education

Department of Finance

Department of Health

Department for Infrastructure

Department of Justice

Coroners Service

County Courts

Court of Appeal and High Court of Justice in Northern Ireland

Crown Court

Enforcement of Judgements Office

Forensic Science Northern Ireland

Legal Service Agency Northern Ireland

Magistrates’ Courts

Pensions Appeals Tribunals (Northern Ireland)

Police Service of Northern Ireland

Probation Board for Northern Ireland

Office of the Social Security Commissioners and Child Support Commissioners (Northern Ireland)

State Pathologist’s Department

Executive Office

Northern Ireland Office

Office of the Chief Electoral Officer for Northern Ireland

Public Prosecution Service for Northern Ireland

Office for National Statistics

National Health Service Central Register

...

Parliamentary and Health Service Ombudsman

Postal business of the Post Office

Privy Council Office

Restoration and Renewal Delivery Authority Ltd

HM Revenue and Customs

Royal Hospital, Chelsea

Royal Mint

Rural Payments Agency

Scotland, Auditor-General

Scotland, Crown Office and Procurator Fiscal Service

Scotland, National Records of Scotland

Scotland, Queen’s and Lord Treasurer’s Remembrancer

Scotland, Registers of Scotland

The Scotland Office

The Scottish Ministers

Architecture and Design Scotland

Crofting Commission

Lands Tribunal for Scotland

National Galleries of Scotland

National Library of Scotland

National Museums of Scotland

Royal Botanic Garden, Edinburgh

Scottish Courts and Tribunals Service

Scottish Further and Higher Education Funding Council

Scottish Law Commission

Special Health Boards

Health Boards

The Office of the Accountant of Court

High Court of Justiciary

Court of Session

HM Inspectorate of Constabulary

Parole Board for Scotland

Pensions Appeal Tribunals (Scotland)

Scottish Land Court

Sheriff Courts

Scottish Natural Heritage

Scottish Police Authority

First-tier Tribunal for Scotland

Upper Tribunal for Scotland

Historic Environment Scotland

The Scottish Parliamentary Corporate Body

HM Treasury

United Kingdom Debt Management Office

The Wales Office – Office of the Secretary of State for Wales

The Welsh Ministers

Agricultural Dwelling House Advisory Committees (Wales)

Agricultural Land Tribunal for Wales

Higher Education Funding Council for Wales

Local Democracy and Boundary Commission for Wales

Rent Assessment Committee (Wales)

The Royal Commission on the Ancient and Historical Monuments of Wales

Valuation Tribunals for Wales

Welsh National Health Service Trusts and Local Health Boards

PART2 — OTHER CENTRAL GOVERNMENT CONTRACTING AUTHORITIES

Agri-Food and Biosciences Institute

Armagh Observatory

Armagh Planetarium

Arts Council of Northern Ireland

Arts Council of Wales

Belfast Health and Social Care Trust

Belfast Metropolitan College

Care Council for Wales

Chief Inspector of Criminal Justice

Comhairle na Gaelscolaiochta

Commissioner for Children and Young People for Northern Ireland

Commissioner for Older People for Northern Ireland

Commissioner for Public Appointments for Northern Ireland

Commissioner for Victims and Survivors

Common Services Agency for the Scottish Health Service

Community Relations Council

Construction Industry Training Board – ConstructionSkills NI

Council for Catholic Maintained Schools

Council for the Curriculum, Examinations and Assessment

Education and Library Boards

Education Authority

Equality Commission for Northern Ireland

Exceptional Circumstances Body

...

General Teaching Council for Northern Ireland

Food Standards Scotland

Health and Safety Executive for Northern Ireland

Health and Social Care Regulation and Quality Improvement Authority

Health Improvement Scotland

ILEX Urban Regeneration Company Limited

Integration Joint Boards

Invest Northern Ireland

Labour Relations Agency

Lay Observer for Northern Ireland

Livestock and Meat Commission for Northern Ireland

Local Government Staff Commission

Maze Long Kesh Development Corporation

Middletown Centre for Autism

National Library of Wales

National Museum Wales

National Museums Northern Ireland

Natural Resources Wales

North West Regional College

Northern Health and Social Care Trust

Northern Ireland Ambulance Service Trust

Northern Ireland Blood Transfusion Service

Northern Ireland Building Regulations Advisory Committee

Northern Ireland Council for Integrated Education

Northern Ireland Environment Agency

Northern Ireland Fire and Rescue Service

Northern Ireland Fishery Harbour Authority

Northern Ireland Guardian Ad Litem Agency

Northern Ireland Housing Executive

Northern Ireland Judicial Appointments Commission

Northern Ireland Law Commission

Northern Ireland Legal Services Commission

Northern Ireland Library Authority

Northern Ireland Local Government Officers’ Superannuation Committee

Northern Ireland Medical and Dental Training Agency

Northern Ireland Museums Council

Northern Ireland Policing Board

Northern Ireland Policing Fund

Northern Ireland Practice and Education Council for Nursing and Midwifery

Northern Ireland Prisoner Ombudsman

Northern Ireland Screen

Northern Ireland Social Care Council

Northern Ireland Tourist Board

Northern Ireland, Department for Social Development

Northern Regional College

Patient and Client Council

Planning and Water Appeals Commission

Police Ombudsman Northern Ireland

Police Retraining and Rehabilitation Trust

Public Service Commission for Northern Ireland

Regional Agency for Public Health and Social Well Being

Regional Business Services Organisation

Regional Health and Social Care Board

Revenue Scotland

RUC George Cross Foundation

Scottish Fire and Rescue Service

South Eastern Health and Social Care Trust

South Eastern Regional College

South West College

Southern Health and Social Care Trust

Southern Regional College

Sport NI

Sport Wales

Staff Commission for Education and Library Boards

Statistics Advisory Committee

Stranmillis University College

Strategic Investment Board

The Charity Commission for Northern Ireland

The National Assembly for Wales Commission

The Welsh Revenue Authority

Ulster Supported Employment Limited

Victims and Survivors Service Ltd

Welsh Language Commissioner

Welsh NHS bodies

Western Health and Social Care Trust

Youth Council for Northern Ireland

Free Trade Agreement between Iceland, the Principality of Liechtenstein and the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland, signed at London on 8th July 2021.

Estimating value

Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and Australia, signed at London on 16th December 2021 and Adelaide on 17th December 2021.

Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and New Zealand, signed at London on 28th February 2022.

Comprehensive and Progressive Agreement for Trans-Pacific Partnership, signed at Santiago on 8 March 2018, including the Protocol on the Accession of the United Kingdom of Great Britain and Northern Ireland to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, signed at Auckland and Bandar Seri Begawan on 16 July 2023.

Strategic Partnership and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Kazakhstan, signed at Astana on 24th April 2024.

Regulation of procurement by UK contracting authorities

3A

• (1) The provisions of these Regulations apply without modification where a UK contracting authority carries out a procurement under a devolved Scottish procurement arrangement and, as part of that arrangement, a contract is to be awarded following a procedure or other selection process carried out—

• (a) jointly by that authority and one or more contracting authorities, or

• (b) by a central purchasing body or equivalent which is a contracting authority.

• (2) In respect of a procurement not falling within paragraph (1) but to which paragraph (3) applies—

• (a) the provisions of these Regulations specified in column (1) of the table in schedule 7 apply in relation to that procurement, and

• (b) where there is a modification specified in column (2) of that table in respect of a provision specified in column (1), that provision applies subject to that modification.

• (3) This paragraph applies in relation to a procurement carried out by a UK contracting authority under a devolved Scottish procurement arrangement and, as part of that arrangement, a contract is to be awarded—

• (a) in accordance with a framework agreement, or

• (b) by reference to a dynamic purchasing system.

• (4) In this regulation and regulation 3B—

• “devolved Scottish procurement arrangement” has the meaning given in section 114(4) of the Procurement Act 2023,

• “UK contracting authority” means a contracting authority within the meaning of section 2(1) of the Procurement Act 2023.

Regulation of procurement under cross-border arrangements

3B

• (1) Paragraph (2) applies where a contracting authority carries out a procurement under a reserved procurement arrangement, a devolved Welsh procurement arrangement or a transferred Northern Ireland procurement arrangement.

• (2) The provisions of these Regulations specified in the table in schedule 8 do not apply to that procurement.

• (3) In this regulation “reserved procurement arrangement”, “devolved Welsh procurement arrangement” and “transferred Northern Ireland procurement arrangement” have the meanings given in section 114 of the Procurement Act 2023.

Mixed Procurement

Thresholds

Review and amendment of certain thresholds

Estimating value

Exclusions: Utilities

Exclusions: Concessions

Exclusions: Electronic Communications

Exclusions: Public contracts awarded, and design contests organised, pursuant to international rules

Exclusions: Specific service contracts

Exclusions: Service contracts awarded on the basis of an exclusive right

Exclusions: Public contracts between entities within the public sector

Specific situations: Contracts subsidised by a contracting authority

Specific situations: Research and development services

Specific situations: Defence and security

Mixed procurement involving defence or security aspects

Public contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules

Schedule 7 — Procurement by UK contracting authorities

Provision of these Regulations	Modification
Regulation 1 (citation, commencement and extent)
Regulation 2 (interpretation)
Regulation 3 (subject matter and application of these regulations)
Regulation 4 (mixed procurement)
Regulation 5 (thresholds)
Regulation 6 (estimating value)
Regulation 7 (exclusions: utilities)
Regulation 8 (exclusions: concessions)
Regulation 9 (exclusions: electronic communications)
Regulation 10 (exclusions: public contracts awarded, and design contests organised, pursuant to international rules)
Regulation 11 (exclusions: specific service contracts)
Regulation 12 (exclusions: service contracts awarded on the basis of an exclusive right)
Regulation 13 (exclusions: public contracts between entities within the public sector)
Regulation 14 (specific situations: contracts subsidised by a contracting authority)
Regulation 15 (specific situations: research and development services)
Regulation 16 (specific situations: defence and security)
Regulation 17 (mixed procurement involving defence or security aspects)
Regulation 18 (public contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules)
Regulation 19 (principles of procurement)	Paragraphs (4) to (5) do not apply
Regulation 20 (economic operators)	Paragraphs (2) to (6) do not apply
Regulation 21 (reserved contracts)
Regulation 22 (confidentiality)
Regulation 23 (rules applicable to communication)
Regulation 24 (nomenclatures)
Regulation 25 (conflicts of interest)
Regulation 26A (conditions relating to the GPA)
Regulation 26B (conditions relating to international agreements by which the United Kingdom is bound, other than the GPA)
Regulation 27 (choice of procedures)	Paragraphs (1) to (7) do not apply
Regulation 29 (restricted procedure)	Paragraph (4) does not apply
Regulation 34 (framework agreements)	Paragraphs (1) and (2) do not apply
Regulation 35 (dynamic purchasing systems)	Paragraphs (2) to (4), (6) to (9), (13) to (18) and (26) to (27A) do not apply
Regulation 36 (electronic auctions)
Regulation 37 (electronic catalogues)
Regulation 38 (centralised purchasing activities and central purchasing bodies)	Paragraph (7) does not apply
Regulation 39 (occasional joint procurement)
Regulation 41 (preliminary market consultation)
Regulation 42 (prior involvement of candidates or tenderers)
Regulation 43 (technical specifications)
Regulation 44 (labels)
Regulation 45 (test reports, certificates and other means of proof)
Regulation 46 (variants)
Regulation 48 (setting time limits)	Paragraph (4) does not apply
Regulation 50 (contract notices)
Regulation 51 (contract award notices)
Regulation 52 (publication on the UK e-notification service)
Regulation 53 (publication otherwise than on the UK e-notification service)	Paragraphs (1), (2) and (6) do not apply. Paragraph (5) is to be read as if references to “buyer profile” were omitted.
Regulation 54 (electronic availability of procurement documents)	Paragraph (7) does not apply
Regulation 55 (invitations to candidates)	Paragraphs (2) and (5)(c) do not apply
Regulation 56 (informing candidates and tenderers)	Paragraphs (2)(a), (2)(d), (3)(a) and (3)(d) do not apply
Regulation 57 (general principles)	Paragraphs (1)(b)(iii), (2A), (2B), (2C), (3) and (4) do not apply
Regulation 58 (exclusion grounds)
Regulation 59 (selection criteria)
Regulation 60 (single procurement document: use, content and form of the SPD)
Regulation 61 (means of proof)
Regulation 63 (quality assurance standards and environmental management standards)
Regulation 64 (reliance upon the capacities of other entities)
Regulation 67 (contract award criteria)
Regulation 68 (life-cycle costing)
Regulation 69 (abnormally low tenders)
Regulation 70A (electronic invoicing)
Regulation 71 (subcontracting)
Regulation 73 (termination of contracts)
Regulation 74 (award of contracts for social and other specific services)
Regulation 75 (publication of notices)	Paragraph (2) does not apply
Regulation 76 (principles of awarding contracts)
Regulation 82 (retention of contract copies)
Regulation 83 (reporting and documentation requirements)	Paragraphs (1) to (6) do not apply
Regulation 84 (scope of chapter 5)
Regulation 85 (notices of decisions to award a contract or conclude a framework agreement)	Paragraphs (6)(b)(ii), (6)(b)(iii), (7)(ii) and (7)(iii) do not apply
Regulation 86 (standstill period)
Regulation 87 (duty owed to economic operators, including those from countries with whom the EU has a relevant international agreement other than the GPA)
Regulation 87A (duty owed to economic operators from GPA parties)
Regulation 87B (duty owed to economic operators from countries with whom the United Kingdom has an international agreement, other than the GPA)
Regulation 88 (enforcement of duties through the courts)
Regulation 89 (automatic suspension of authority power to proceed with contract award)
Regulation 90 (powers and duties of the court)
Regulation 91 (ineffectiveness orders)
Regulation 92 (powers of the court)
Regulation 93 (general interest grounds for not making a declaration of ineffectiveness)
Regulation 94 (other orders)
Regulation 95 (financial penalties)
Schedule 1 (central government authorities)
Schedule 1A (parties to the GPA)
Schedule 2 (activities constituting works)
Schedule 3 (social and other specific services)
Schedule 4 (list of products relevant to thresholds)
Schedule 4A (international trade agreements)

Schedule 8 — Procurement under cross-border arrangements

Provision of these Regulations
Regulation 4 (mixed procurement)
Regulation 5 (thresholds)
Regulation 6 (estimating value)
Regulation 17 (mixed procurement involving defence or security aspects)
Regulation 18 (public contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules)
Regulation 20 (economic operators)
Regulation 22 (confidentiality)
Regulation 23 (rules applicable to communication)
Regulation 24 (nomenclatures)
Regulation 25 (conflicts of interest)
Regulation 26A (conditions relating to the GPA)
Regulation 26B (conditions relating to international agreements by which the United Kingsome is bound, other than the GPA)
Regulation 27 (choice of procedures)
Regulation 28 (open procedure)
Regulation 29 (restricted procedure)
Regulation 30 (competitive procedure with negotiation)
Regulation 31 (competitive dialogue)
Regulation 32 (innovation partnership)
Regulation 33 (use of the negotiated procedure without prior publication)
Regulation 34 (framework agreements)
Regulation 35 (dynamic purchasing systems)
Regulation 36 (electronic auctions)
Regulation 37 (electronic catalogues)
Regulation 38 (centralised purchasing activities and central purchasing bodies)
Regulation 39 (occasional joint procurement)
Regulation 42 (prior involvement of candidates or tenderers)
Regulation 43 (technical specifications)
Regulation 44 (labels)
Regulation 45 (test reports, certificates and other means of proof)
Regulation 46 (variants)
Regulation 47 (division of contracts into lots)
Regulation 48 (setting time limits)
Regulation 49 (prior information notices)
Regulation 50 (contract notices)
Regulation 51 (contract award notices)
Regulation 52 (publication on the UK e-notification service)
Regulation 53 (publication otherwise than on the UK e-notification service)
Regulation 54 (electronic availability of procurement documents)
Regulation 55 (invitations to candidates)
Regulation 56 (informing candidates and tenderers)
Regulation 57 (general principles)
Regulation 58 (exclusion grounds)
Regulation 59 (selection criteria)
Regulation 60 (single procurement documents: use, content and form of the SPD)
Regulation 61 (means of proof)
Regulation 63 (quality assurance standards and environmental management standards)
Regulation 64 (reliance upon the capacities of other entities)
Regulation 65 (recognition of official lists of approved economic operators and certification by certification bodies)
Regulation 66 (reduction of the number of otherwise qualified candidates to be invited to participate)
Regulation 67 (contract award criteria)
Regulation 68 (life-cycle costing)
Regulation 69 (abnormally low tenders)
Regulation 70A (electronic invoicing)
Regulation 71 (subcontracting)
Regulation 73 (termination of contracts)
Regulation 74 (award of contracts for social and other specific services)
Regulation 75 (publication of notices)
Regulation 76 (principles of awarding contracts)
Regulation 83 (reporting and documentation requirements)
Regulation 84 (scope of Chapter 5)
Regulation 85 (notices of decisions to award a contract or conclude a framework agreement)
Regulation 86 (standstill period)
Regulation 87 (duty owed to economic operators, including those from countries with whom the EU has a relevant international agreement, other than the GPA)
Regulation 87A (duty owed to economic operators from GPA parties)
Regulation 87B (duty owed to economic operators from countries with whom the United Kingdom has an international agreement, other than the GPA)
Regulation 88 (enforcement of duties through the courts)
Regulation 89 (automatic suspension of authority power to proceed with contract award)
Regulation 90 (powers and duties of the court)
Regulation 91 (ineffectiveness orders)
Regulation 92 (powers of the court)
Regulation 93 (general interest grounds for not making a declaration of ineffectiveness)
Regulation 94 (other orders)
Regulation 95 (financial penalties)
Regulation 97 (revocations and consequential amendments)
Regulation 98 (transitional provision and saving where procurement procedure commenced before 18th April 2016)
Regulation 99 (transitional provision and saving where utilities procurement procedures commenced before 18th April 2016)
Regulation 100 (transitory provision prior to full commencement of regulation 23(1) to (7))
Regulation 101 (transitory provision: temporary exemption).

The Agreement on Partnership and Cooperation between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Iraq, signed at London on 14 January 2025.

Reserved contracts for certain services

76A

• (1) Contracting authorities may reserve to qualifying organisations the right to participate in procedures for the award of reservable contracts.

• (2) Where a contracting authority exercises the power of reservation conferred by paragraph (1), the call for competition must make reference to this regulation.

• (3) The power of reservation conferred by paragraph (1) is without prejudice to the power conferred by regulation 21.

• (4) A reservable contract is a contract that—

• (a) is to be awarded in accordance with this Section,

• (b) is for the provision of a service, or more than one service, that constitutes, or is otherwise connected to, the provision of a service in pursuance of—

• (i) a function conferred by virtue of an enactment listed in the schedule of the Public Bodies (Joint Working) (Scotland) Act 2014, or

• (ii) a function that is exercisable by a health board or a special health board constituted under section 2(1)(a) or, as the case may be, (b) of the National Health Service (Scotland) Act 1978, and

• (c) is exclusively for a service, or more than one service, covered by one of the following CPV codes: 75200000-8, 75231200-6, 75231240-8, 79611000-0, 79622000-0, 79624000-4, 79625000-1, a code in the range beginning with 85000000-9 and ending with 85323000-9, 98133100-5, 98133000-4, 98200000-5, 98500000-8 and a code in the range beginning with 98513000-2 and ending with 98514000-9.

• (5) An organisation is a qualifying organisation if—

• (a) it is an organisation that exists solely to provide benefits for society or the environment,

• (b) it is neither—

• (i) established by an enactment, nor

• (ii) subject to control by a person established by an enactment,

• (c) its profits (if any) are not expended except by way of—

• (i) reinvestment with a view to providing the benefits for society or the environment that the organisation exists to provide, or

• (ii) distribution to the community that the organisation exists to provide benefits to.

• (6) For the purpose of paragraph (5)(b), an organisation is subject to the control of a person established by an enactment if a decisive influence over the strategic objectives and significant decisions of the organisation is exercised by—

• (a) a person established by an enactment,

• (b) a person that, by virtue of this paragraph, would itself be treated as subject to the control of a person established by an enactment,

• (c) more than one person described by sub-paragraph (a) or (b) acting jointly.

• (7) The Scottish Ministers may by regulations change—

• (a) the CPV codes specified in paragraph (4)(c),

• (b) the meaning of qualifying organisation.

• (8) The power conferred by paragraph (7) may be exercised to make different provision for different purposes.