Scotland updates procurement for UK-India trade pact

If you’re drafting a tender this spring and a question about India appears, that’s on purpose. Scottish Ministers have made the Public Procurement (India Trade Agreement) (Miscellaneous Amendment) (Scotland) Regulations 2026. Signed off on 19 February 2026, they take effect on 24 March 2026, after the Scottish Parliament approved the draft on 18 February. (gov.scot)

Here’s the change in law, translated. The regulations add the UK–India Comprehensive Economic and Trade Agreement to the lists of recognised international trade agreements in three key rulebooks: the Public Contracts (Scotland) Regulations 2015, the Utilities Contracts (Scotland) Regulations 2016, and the Concession Contracts (Scotland) Regulations 2016. In practice, when a contract is covered by the treaty’s procurement chapter, Indian suppliers must be treated no less favourably than Scottish or UK suppliers and have the same right to challenge. (gov.scot)

The big learning point is the word “commencement”. These amendments only apply to procurements that start on or after 24 March 2026. A procurement starts when you publish an advert seeking interest or offers, when you contact a business to seek an expression of interest or offer, or when you respond to an unsolicited approach about the contract. Activity inside a design contest doesn’t count as starting the procurement. That timing choice decides which rulebook you use. (gov.scot)

Quick definition for your students: a statutory instrument (SSI) is secondary legislation. Parliament gives powers in an Act, and Ministers use an SSI to adjust detailed rules without passing a new Act. SSIs are published on legislation.gov.uk, often with policy notes you can read alongside the legal text. (publishing.legislation.gov.uk)

Why India, and why now? The UK and India signed a Comprehensive Economic and Trade Agreement at Chequers on 24 July 2025. The Government then laid the treaty before Parliament on 21 January 2026 under the Constitutional Reform and Governance Act, starting a scrutiny window to 5 March 2026. Scotland’s update lines up its procurement schedules with that national position. (apnews.com)

Where the Procurement Act 2023 fits in. The Act doesn’t replace Scotland’s procurement regime, but it does create room to ensure ‘treaty state suppliers’ aren’t discriminated against by devolved Scottish authorities. These regulations list the UK–India agreement so authorities can apply equal treatment whenever the treaty’s procurement coverage says they must. (legislation.gov.uk)

If you’re a contracting authority, here’s how to apply it in real life. If you advertised before 24 March 2026, carry on under the previous approach. If you plan to publish after that date, check whether your contract is within the treaty’s coverage and make sure your documents don’t exclude or score down Indian bidders because of nationality. Keep clear records of when you started, because the start date governs which rules apply. (gov.scot)

If you’re a supplier in India, this matters for access and remedies. For covered contracts you should see open access to competitions, equal treatment in scoring and, if needed, the same ability to challenge a decision as a Scottish supplier. It doesn’t mean every Scottish contract is open-coverage limits still apply-but it does set a level playing field where the treaty says so. (gov.scot)

A short classroom note on tricky terms you’ll meet in tender documents. “Contract” here includes framework agreements and dynamic purchasing systems, so establishing those arrangements can count as awarding a contract. “Procurement” is the process leading to the award, not just the signature at the end. And remember: design contests sit to one side and don’t, by themselves, start a procurement.

One last check before you publish or bid. Ask three questions: what is the date you started the procurement, is the contract type and value covered by the UK–India deal, and have you documented your reasoning? If your project involves buying through a UK‑wide arrangement or collaborating with another UK authority, read the Scottish cross‑border guidance to confirm which legal regime applies before you proceed. (gov.scot)