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Seòmar agus comataidhean

Economy and Fair Work Committee

Scottish Government UK SI consent notification

Letter from the Scottish Government to the Clerk - 22 June 2021

Dear Ms Peat,

The Public Procurement (Agreement on Government Procurement) (Amendment) (No. 2) Regulations 2021

In the immediate run up to and during the pre-election recess period it was agreed with Parliamentary officials that if Scottish Ministers were asked to consent to UK SIs containing devolved provision during this period that initially the UK Government would be asked to delay the SI until after the election. This was in order that the SI could be notified to the relevant committee of the Parliament as set out in the protocol between the Parliament and the Scottish Government. It was however recognised that there may be a few urgent cases where Scottish Ministers would have to consider consenting to an SI while Parliament was in recess.

There were three SIs, including the one above, that fell into this category. It was agreed that PLU would hold the relevant SI notification and forward this to the relevant committee when it was established after the Scottish election. I therefore attach the notification for the above SI which Scottish Ministers consented to on 24 March. While the UK had intended to lay the instrument on 14 May 2021, we understand that the SI will now be laid on 1 July 2021. We will write to you in the normal way to confirm if the SI is consistent with the notification once it has been laid.

Yours sincerely

Gordon Johnstone

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Annexe A

Notification to the public procurement agreement on Government Regulation