Scottish Ministers have made the Public Procurement (India Trade Agreement) (Miscellaneous Amendment) (Scotland) Regulations 2026, in force from 24 March 2026. The change aligns devolved procurement law with the UK–India Comprehensive Economic and Trade Agreement and extends equal treatment to eligible Indian bidders for procurements covered by that treaty. (gov.scot)
In legal terms, the instrument adds the UK–India agreement to the lists of “international trade agreements” in the Public Contracts (Scotland) Regulations 2015 (Schedule 4A), the Utilities Contracts (Scotland) Regulations 2016 (Schedule 2A) and the Concession Contracts (Scotland) Regulations 2016 (Schedule 5). The agreement is recorded as signed in London on 24 July 2025. (gov.scot)
A saving provision limits the change to procurements that start on or after 24 March 2026. The Regulations set a clear commencement test: a procurement is treated as started when an advert seeking expressions of interest or offers is published, when the authority directly contacts a supplier to seek an expression of interest or offer, or when it responds to an unsolicited expression of interest or offer. Activities during a design contest do not start a procurement. For these purposes, “contract” includes the conclusion of a framework agreement and the establishment of a dynamic purchasing system.
For contracting authorities, the insertion of the India agreement activates existing non‑discrimination rules in Scottish procurement law. For contracts within scope of the treaty, economic operators from India-and goods, services and works entitled under it-must be treated no less favourably than UK equivalents. Indian bidders also gain access to the same legal remedies framework. (gov.scot)
Coverage is defined by the procurement chapter and annexes to the UK–India agreement. Authorities and suppliers should confirm whether a particular contract is listed and above any relevant thresholds before relying on equal treatment provisions. At Westminster, the House of Lords Library notes the treaty was laid under the Constitutional Reform and Governance Act 2010 on 21 January 2026, with a take‑note debate scheduled for 4 March 2026. (lordslibrary.parliament.uk)
Interaction with the rest of the UK remains distinct. For procurements under the Procurement Act 2023 outside Scotland, the Cabinet Office has laid separate implementing regulations due to come into force on 30 March 2026. Scottish authorities participating in cross‑border arrangements should continue to follow Scottish Government guidance on co‑operation across UK regimes. (statutoryinstruments.parliament.uk)
Immediate operational tasks include logging the precise ‘start’ date for each pipeline procurement and retaining evidence of adverts or first market contact, updating standard selection and award documentation to remove any requirements that could indirectly disadvantage eligible Indian operators, and briefing evaluation panels on equal treatment and remedies from 24 March 2026.
Suppliers should prepare by checking the treaty’s coverage schedules, ensuring corporate and product documentation can evidence eligibility where required, and monitoring Public Contracts Scotland for opportunities that start on or after 24 March 2026. Bidders using frameworks or dynamic purchasing systems should note that the legal test concerns when those arrangements are concluded or established.
Timing is critical. Procurements commenced before 24 March 2026 remain on the previous footing, while any new advertisement or direct market approach after that date brings the non‑discrimination obligations into effect. Authorities may wish to sequence pipeline activity and the launch of frameworks or dynamic purchasing systems accordingly.