Jill Fryer is a Senior Associate at Harper Macleod and has extensive experience advising public and private sector clients in relation to public procurement. Here she looks at the minefield to be navigated when a contracting authority want to modify a contract after it has been awarded.
Legal Insights & Industry Updates
Life, business and the law
The law never stands still, and the way it applies to you and your organisation is constantly evolving. Our people are on top of these developments and can keep you up to date with some of the most interesting aspects of these changes. Check out our articles and updates for our perspective on issues that might affect you.
Latest articles from Jill Fryer
Just before Christmas, the European Court issued a judgment in the Remondis case, which developed a 3rd principle which can be relied on by public bodies wishing to "outsource" without the requirement for a procurement procedure.
The UK's vote to leave the EU will have ramifications for almost every aspect of our lives and public procurement, where the vast majority of our national rules are derived directly from EU law, is no exception. Although we have been assured that "Brexit means Brexit", at the time of writing we are no clearer on what it will actually look like.
The whole purpose of a procurement procedure is to award a contract to a supplier. However, with contracting authorities devoting their attention to the procurement procedure itself, often the actual contract is not given proper consideration.
We will have new Scottish Procurement Regulations later this year or early next year. These will implement last year's EU directive, which has already been implemented in England & Wales. The new Regulations will introduce a number of important changes to the law and there will be further changes for Scottish public bodies to deal with when the Procurement Reform (Scotland) Act 2014 comes into effect.