Cross-Border Public Procurement (Miscellaneous Amendment) (Scotland) Regulations 2025: Aligning Scottish rules with the Procurement Act 2023

Cross-Border Public Procurement (Scotland) Regulations 2025: Aligning Scottish and UK rules for cross-border procurement

What changed

These Regulations apply devolved Scottish procurement legislation to UK contracting authorities regulated by the Procurement Act 2023 in certain circumstances, and disapply devolved Scottish procurement legislation where the 2023 Act regulates cross-border procurement by a devolved Scottish authority. The provisions applied or disapplied are listed in tables inserted as schedules to the relevant devolved Scottish procurement legislation, with modifications specified in those tables.

Why it matters

For organisations involved in cross-border procurement, the change creates a new layer of regulatory interaction. It can affect procurement planning, tendering, contract management and supplier onboarding. Misalignment could lead to non-compliance under either Scottish or UK regimes, with potential legal and commercial risks.

Who is affected

UK contracting authorities that fall under the 2023 Act in cross-border contexts, devolved Scottish authorities undertaking cross-border procurement, and suppliers bidding into cross-border opportunities will need to understand which provisions apply or are disapplied in each case.

Key compliance implications and actions

To comply, organisations should:

• Perform a mapping exercise to identify all cross-border procurement activities and determine which Scottish provisions apply or are disapplied under the 2025 Regulations.
• Review the schedules and modifications in the regulations to understand the exact scope of changes for your contracts.
• Update procurement policies, procedures and guidance to reflect the new alignment with the Procurement Act 2023 where cross-border elements are involved.
• Ensure tender notices, contract notices and documentation are prepared and advertised in line with the applicable regime and using the appropriate portals.
• Provide targeted training for procurement teams, contract managers and suppliers on the revised compliance requirements.
• Establish governance to monitor and audit cross-border procurements for ongoing compliance with both Scottish and UK requirements.
• Engage with legal or advisory partners to interpret the schedule modifications relevant to your contracts.

Practical implications by sector

Public sector bodies in Scotland and those in other UK nations that participate in cross-border procurement should be aware that the Regulations create a framework for when Scottish rules apply and when they do not. This affects how procurement strategies are formed, how compliance checks are conducted and how suppliers are evaluated across borders.

The role of Synergos in compliance

Synergos Consultancy can support organisations with mapping touching on the new regulations, updating management systems and ensuring alignment with UK health and safety and procurement compliance expectations where relevant. See ISO 9001 for quality management and governance enhancements: https://synergosconsultancy.co.uk/iso9001/

Next steps and ongoing governance

Establish a cross-border procurement change programme, assign responsibility to a lead who understands both Scottish and UK regimes, and embed regular reviews into procurement governance. Timely action will help avoid disruption to cross-border sourcing and maintain regulatory compliance.

Legal and regulatory developments should be monitored; consider engaging Synergos for ongoing support and training through our Health and safety training or Competent Person services if needed.

In short, the 2025 Regulations introduce a clear framework for cross-border procurement alignment between Scotland and the rest of the UK. Organisations should act now to map provisions, update governance and ensure compliant procurement practice across borders.