Scottish public procurement regulation amendments alter supplier duties and safety expectations

Scottish public procurement regulation amendments alter supplier duties and safety expectations

What the amendments change

The Regulations amend the Public Contracts (Scotland) Regulations 2015, the Utilities Contracts (Scotland) Regulations 2016 and the Concession Contracts (Scotland) Regulations 2016, collectively described as the Scottish public procurement regulations. The changes update how public contracts, utilities contracts and concession contracts are governed by these instruments. Organisations that bid for Scottish public sector work – including those in the health and safety supply chain – should expect their procurement processes to align with the refreshed rules.

Why it matters for health and safety and business compliance

While the text of the amendments is not reproduced here, the alignment of procurement regulations has direct implications for how health and safety requirements are factored into supplier selection, bid evaluation and contract management. A robust approach to health and safety in the supply chain supports legal duties under UK health and safety law and helps protect the organisation from procurement related risk, disputes and delays. Where contracts include the supply of equipment or services with safety implications, it is prudent to ensure that HSE requirements are reflected in selection criteria and contract terms.

Practical steps for organisations

To respond effectively, organisations should consider the following actions:

1. Map your current procurement processes to identify areas affected by the amendments and potential safety or compliance gaps.
2. Review supplier due diligence and assess safety performance as part of pre qualification and ongoing monitoring.
3. Update contractor pre qualification questionnaires and tender evaluation criteria to reflect revised procurement requirements.
4. Provide targeted training for procurement teams on the amended rules and how they interact with health and safety duties.
5. Strengthen contract clauses to clarify responsibilities for health and safety management, safety assurance, incident reporting and near miss handling.
6. Increase engagement with suppliers to verify safety credentials and provide support for improvement where needed.
7. Consider aligning supplier management with recognised safety management approaches such as ISO 45001 and ensure risk assessments are up to date.

Synergos guidance and support

Synergos Consultancy can help build a compliant procurement framework that integrates health and safety risk management. Our services include health and safety risk assessments and governance reviews as part of a broader supplier management approach. For more on management system alignment see ISO 45001 and our risk assessment guidance at Health and safety risk assessments.

What organisations should do next

Move quickly to review your procurement policies and supplier management practices, with a focus on health and safety obligations and compliance with the amended regulations. Engage with internal stakeholders from procurement, legal and operations to ensure a cohesive response and timely implementation.

The changes underscore the ongoing importance of regulatory compliance in the procurement lifecycle and the need for robust supplier management to safeguard business continuity, safety and value.