Policy and Legislation Framework

Transport Scotland relies on a comprehensive framework of policies and legislation to deliver its procurement objectives and embed best practice into its procurement processes. The following policies and legislation guide its procurement decision making, management and governance.

Transport Scotland staff involved in procurement are required to take account of the following national policies, legislation, and tools:

• The Climate Change (Duties of Public Bodies: Reporting Requirements) (Scotland) Order 2015
• The Construction (Design and Management) Regulations 2015
• The Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 and subsequent duties under the Public Contracts (Scotland) Regulations 2015
• The General Data Protection Regulations 2018
• The Procurement Reform (Scotland) Act 2014 and the associated Statutory Guidance
• The Procurement (Scotland) Regulations 2016
• The Public Contracts (Scotland) Regulations 2015
• Scottish Government’s Client Guide to Construction Projects
• Scottish Government’s Construction Policy Notes (CPNs), published by the Scottish Government Construction Procurement Policy Unit
• Scottish Government’s Gifts and Hospitality standard of conduct guidance
• Scottish Government’s National Performance Framework
• Scottish Government’s National Strategy for Economic Transformation
• Scottish Government’s Procurement Journey
• Scottish Government’s Public Procurement Strategy
• Scottish Procurement Policy Notes (SPPNs), published by the Scottish Government Procurement and Property Directorate
• Scottish Public Finance Manual
• The Sustainable Procurement Duty Tools developed by Scottish Government to assist public sector bodies to identify and address how they can optimise economic, social, and environmental outcomes of procurement activity

Local Policies and Procedures

In addition, Transport Scotland staff are required to take account of local policies and procedures when undertaking any procurement activity, including:

• The prompt payment of invoices for works, goods, and services in line with the Scottish Government’s 10-day payment policy
• The requirement for appropriate staff to have a suitable level of Delegated Purchasing Authority
• Transport Scotland’s Investment Decision Making procedures
• Transport Scotland’s Framework Document
• Transport Scotland’s requirement that all procurement activity is underpinned by an approved Procurement Strategy
• Transport Scotland’s Fraud Policy and Response Plan
• Scottish Government’s Risk Management Guidance

Procurement Policies

Transport Scotland is required to outline how it will deliver its regulated procurement activity and the policies it will adopt to ensure compliance with Section 15(5) of the Procurement Reform (Scotland) Act 2014 and the accompanying Statutory Guidance. Statements on Transport Scotland’s general policies are shown in Appendix A.