A supplier based in Scotland bids for a UK Government contract that will be delivered north of the border. Another joins a framework established elsewhere in the UK before receiving a call-off from a Scottish public body. A third responds directly to a Scottish council tender. All three opportunities involve Scotland, but they do not necessarily follow the same procurement rules.
Since the Procurement Act 2023 came into force, suppliers bidding across the UK need to recognise which regime applies to each opportunity. Fortunately, you do not need to become a procurement lawyer to make that distinction. In most cases, a few basic checks around the buyer, lead authority and procurement route will tell you where to start.
Why are procurement rules different in Scotland?
The Procurement Act 2023 came into force on 24 February 2025 and changed the rules governing most procurement undertaken by reserved UK authorities, as well as authorities in England, Wales and Northern Ireland.
Scotland took a different route for devolved procurement. Devolved Scottish contracting authorities continue to operate principally under the Procurement Reform (Scotland) Act 2014, Public Contracts (Scotland) Regulations 2015, Utilities Contracts (Scotland) Regulations 2016, Concession Contracts (Scotland) Regulations 2016 and associated legislation. These authorities include the Scottish Government, Scottish councils, Scottish health boards and universities and colleges.
The Procurement Act itself extends across the UK, but devolved Scottish authorities are generally excluded from its application. There are important exceptions, particularly when Scottish authorities take part in cross-border procurements or use commercial arrangements established under the Act.
For suppliers, the practical lesson is simple: do not assume the rules from the location of your business or where the contract will be delivered. Start with the buyer and the procurement arrangement.
Procurement Act or Scottish rules: the quick guide
The position will depend on the circumstances, but this gives you a useful starting point:
| Procurement situation | Rules you would normally expect |
|---|---|
| English local authority tender | Procurement Act 2023 |
| Welsh public authority tender | Procurement Act 2023, with Welsh-specific provisions where applicable |
| Northern Irish public authority tender | Procurement Act 2023, with applicable Northern Irish provisions |
| Scottish council tender | Scottish procurement legislation |
| NHS Scotland board tender | Scottish procurement legislation |
| Scottish university or college tender | Scottish procurement legislation |
| UK Government department procuring work in Scotland | Procurement Act 2023 |
| Joint cross-border procurement | Usually follows the regime applying to the lead authority |
| Framework or dynamic arrangement call-off | Check which regime established the arrangement |
This is why suppliers monitoring public tenders in Scotland can encounter opportunities that look similar commercially but sit under different legal regimes.
A UK-wide contract for services delivered in Edinburgh may be governed by the Procurement Act, while a contract for almost identical services tendered by a Scottish council may use the Scottish rules.
Your business location does not determine the regime
A Glasgow business can compete under the Procurement Act. A Manchester business can compete under Scottish procurement legislation.
Likewise, the physical location of the work is not necessarily decisive. If a UK Government department is buying a service that will be delivered solely in Scotland, the fact that delivery happens in Scotland does not automatically turn it into a devolved Scottish procurement.
Instead, look at four questions:
- Who is the contracting authority?
- Is another organisation leading the procurement on its behalf?
- Is this a standalone tender or a call-off from an existing arrangement?
- Which regime was that arrangement established under?
Those questions become particularly important when more than one public body is involved.
What happens with a joint cross-border procurement?
The Scottish Government published specific guidance on cross-border procurement co-operation in February 2026. The core principle is relatively straightforward. When a reserved, Welsh or Northern Irish contracting authority leads a joint procurement involving a devolved Scottish authority, the Procurement Act applies to the award. When the devolved Scottish authority leads the joint exercise, the relevant Scottish procurement legislation applies instead.
Imagine, for example, that an English public body and a Scottish public body both need the same specialist service. If the English organisation leads the competition on behalf of both bodies, suppliers should expect the Procurement Act regime. If the Scottish organisation leads it, suppliers should expect Scottish procurement rules. That means the same underlying requirement could be procured differently depending on how the public bodies decide to organise the competition.
Frameworks can change the answer
Cross-border frameworks are where the position can feel less intuitive. The Procurement Act uses arrangements known as frameworks and dynamic markets. Scottish legislation continues to use framework agreements and dynamic purchasing systems, or DPSs. Public bodies are not necessarily restricted to arrangements created within their own procurement regime.
When a Scottish authority uses a Procurement Act framework
A devolved Scottish authority may use a framework or dynamic market established under the Procurement Act, provided it is eligible to do so.
When that happens, the Act will largely govern the call-off procedure. The Scottish Government specifically identifies arrangements established by organisations such as Crown Commercial Service as an example.
Relevant Procurement Act rules can then apply to areas including:
- the call-off procedure
- conditions of participation
- award criteria
- supplier exclusions
- conflicts of interest
- equal treatment
- notices
- remedies.
This matters if you regularly compete through Scottish frameworks as well as UK-wide commercial agreements. Do not assume that a Scottish buyer automatically means Scottish call-off rules.
When another UK authority uses a Scottish framework
The reverse can also happen.
Where a reserved, Welsh or Northern Irish authority awards a contract through a framework agreement or DPS established under Scottish legislation, the relevant Scottish procurement legislation will largely govern the call-off procedure.
There are modifications and exceptions in both directions, so “largely” is important here. Suppliers should follow the rules and documentation supplied for that particular arrangement rather than trying to apply one blanket UK approach.
What differences might bidders notice?
For most suppliers, the differences will be more visible through tender terminology, processes and documentation than through the legislation itself.
For example:
| Procurement Act regime | Scottish regime |
|---|---|
| Most advantageous tender, or MAT | Most economically advantageous tender, or MEAT |
| Dynamic markets | Dynamic purchasing systems |
| Procurement Act frameworks | Scottish framework agreements |
| Conditions of participation | Scottish selection requirements |
| Procurement Act notice structure | Scottish procurement notice structure |
| UK central digital platform | Public Contracts Scotland remains central to Scottish regulated procurement |
| Different Procurement Act supplier processes | Single Procurement Document used for Scottish selection |
The distinction between MAT and MEAT is a good example of why bidders should not overreact to unfamiliar terminology.
Under the Procurement Act, the basis of award is described as the most advantageous tender rather than the most economically advantageous tender used within Scottish legislation. Scottish Government guidance notes that the terminology is intended to reinforce that tenders do not have to be awarded purely on the lowest price or cost. The underlying concept should therefore feel familiar to Scottish bidders.
The more important point is not to assume that forms, notice names or selection processes will be identical across the two regimes.
Do not rely on the tender portal alone
The website where you discover an opportunity can provide a clue, but it should not be your only test.
All Scottish public sector buying organisations must advertise regulated procurements on Public Contracts Scotland. For contracts above the relevant UK thresholds, PCS also automatically posts notices to the UK-wide Find a Tender service.
So:
Finding a tender on Public Contracts Scotland strongly indicates that you should investigate the Scottish procurement route.
But:
Finding an opportunity on Find a Tender does not automatically mean the Procurement Act applies.
A Scottish procurement governed by Scottish legislation may also appear there.
Instead, check the contracting authority, tender documents, notice wording and selection requirements.
If you see a Single Procurement Document, Scottish framework terminology and references to Scottish procurement regulations, those are useful indicators. The Scottish Supplier Journey confirms that the SPD remains the standard selection questionnaire used by Scottish public bodies for higher-value regulated procurement.
What about tenders that started before February 2025?
The Procurement Act did not retrospectively move every existing procurement and contract onto the new regime when it came into force. Transitional arrangements allow procurements that had already commenced under the previous legislation to continue under that legislation. Commercial tools established under the previous regime, including framework agreements and dynamic purchasing systems, can also continue to be used under their existing rules.
The Scottish Government makes a similar point specifically for cross-border arrangements. Framework agreements and DPSs advertised or awarded before 24 February 2025 are not affected by the newer cross-border rules introduced alongside the Procurement Act. This means suppliers can still encounter older procurement arrangements even well after the Act’s commencement date.
Do not assume that a call-off happening in 2026 must automatically follow the new Procurement Act regime. Check when the underlying framework or commercial arrangement was established.
Six checks before bidding across UK borders
Before you begin drafting, work through these checks.
1. Identify the contracting authority
Is the buyer a Scottish council, NHS Scotland organisation, UK Government department, English local authority or another type of public body? This is your first indication of the likely regime.
2. Check whether another organisation is leading
A buyer may be participating in a joint procurement led by another authority. For cross-border exercises, identifying the lead body is particularly important because its regime may govern the procurement.
3. Identify the procurement vehicle
Are you bidding for:
- a standalone contract
- a place on a framework
- a framework call-off
- a dynamic market opportunity
- a DPS opportunity?
The answer can change which rules you encounter.
4. Check when the arrangement started
If you are working through an established framework or DPS, find out when it was procured. Older arrangements may still follow pre-Procurement Act legislation.
5. Look at the language used
Terminology will often make the answer clearer. References to dynamic markets, MAT and Procurement Act conditions of participation point towards the Act. References to the SPD, MEAT and a Scottish framework agreement may indicate Scottish legislation. Treat these as indicators rather than substitutes for reading the tender documents.
6. Follow the buyer’s instructions
Ultimately, your submission is assessed against the requirements of the actual procurement. If the documentation appears contradictory or you cannot establish which process applies, use the clarification period rather than making an assumption and carrying it through the whole bid.
Common cross-border bidding mistakes
Most suppliers do not lose tenders because they cannot recite procurement legislation. The greater risk is allowing familiarity with one regime to create a compliance error in another.
Watch for these mistakes:
- Assuming Scottish delivery means Scottish rules apply.
A reserved UK authority can procure work delivered in Scotland under the Procurement Act. - Assuming your company location matters.
The rules regulate the procurement, not the bidder’s postcode. - Treating every Find a Tender opportunity as a Procurement Act procurement.
Scottish regulated procurements above the relevant threshold can also appear there. - Automatically reusing selection documentation.
Check whether you need Scottish SPD information or documentation relevant to a Procurement Act procedure. - Missing the rules attached to the framework.
For cross-border call-offs, the origin of the framework or dynamic arrangement can be crucial. - Ignoring transitional arrangements.
Older frameworks can continue under the legislation that applied when they were established. - Treating similar terminology as interchangeable.
If the buyer specifies a particular document, notice, procedure or response format, use its terminology and follow its instructions.
Does this make cross-border bidding harder?
Not necessarily.
Many of the fundamentals of producing a strong tender remain unchanged. You still need to understand the buyer, comply with mandatory requirements, demonstrate relevant experience and provide clear evidence against the evaluation criteria.
What has increased is the importance of recognising the procurement environment before you start.
For suppliers bidding regularly across the UK, it can be useful to maintain separate compliance resources for different regimes. Your internal bid library might contain:
- current company and financial information
- Scottish SPD material
- information required for Procurement Act competitions
- exclusion and compliance records
- case studies
- framework-specific requirements
- standard policies and supporting evidence.
That gives your team reusable evidence without encouraging a copy-and-paste approach.
At AM Bid, we help suppliers establish the requirements at the beginning of a tender so the writing process starts on the right footing. This can include bid/no-bid assessment, compliance planning, evidence mapping, drafting and independent review.
Cross-border tender FAQs
Does the Procurement Act 2023 apply in Scotland?
Yes, in certain circumstances. Devolved Scottish authorities are generally excluded from the Act and continue to use Scottish procurement legislation. However, the Procurement Act can apply where Scottish authorities participate in particular cross-border procurement arrangements or use frameworks and dynamic markets established under the Act.
If a contract will be delivered in Scotland, do Scottish rules apply?
Not automatically. The identity of the contracting authority and the procurement arrangement are more important than the location of delivery. A UK Government body can procure work delivered in Scotland under the Procurement Act.
Can a Scottish public body use a Crown Commercial Service framework?
Yes, where it is eligible to use the arrangement. For relevant frameworks established under the Procurement Act, that Act will largely apply to the Scottish authority’s call-off procedure.
Does a notice on Find a Tender mean the Procurement Act applies?
No. Scottish regulated procurements above the relevant thresholds can be published to Find a Tender through Public Contracts Scotland while remaining subject to Scottish procurement legislation.
Is the Single Procurement Document still used in Scotland?
Yes. The SPD remains part of the Scottish procurement process and is used at the selection stage to assess whether bidders meet relevant exclusion and selection requirements.
Which rules apply to a joint English and Scottish tender?
Where the English authority leads a joint procurement with a devolved Scottish authority, the Procurement Act applies. Where the devolved Scottish authority leads, the relevant Scottish legislation applies.
Check the regime before you start writing
Cross-border bidding does not require you to master every difference between the Procurement Act and Scottish procurement law.
It does require you to recognise when the rules have changed.
Start with the contracting authority. Identify the lead buyer. Check the framework or procurement vehicle. Look at when it was established. Then follow the documents issued for that specific competition.
Doing those checks early reduces the risk of discovering halfway through a bid that your standard compliance pack, terminology or selection material does not fit the procurement in front of you.
If you need bid writing support in Scotland or are bidding across several UK procurement regimes, AM Bid can help you interpret the requirements, organise your evidence and develop a clear, compliant response. We can provide support with individual answers, full bid writing, bid reviews and tender management.
Speak to AM Bid about your next public sector tender and we can help you put the right process in place from the outset.