Scottish Ministers have made the Public Procurement (India Trade Agreement) (Miscellaneous Amendment) (Scotland) Regulations 2026 (SSI 2026/104). Signed at St Andrew’s House on 19 February 2026, the instrument comes into force on 24 March 2026 to implement the UK–India trade agreement within Scotland’s regulated procurement regimes. (gov.scot)
Using powers in section 91(1) of the Procurement Act 2023 and approved under section 122(14), the Regulations add the UK–India agreement to the lists of international trade agreements in three instruments: Schedule 4A of the Public Contracts (Scotland) Regulations 2015, Schedule 2A of the Utilities Contracts (Scotland) Regulations 2016, and Schedule 5 of the Concession Contracts (Scotland) Regulations 2016.
The saving provision is clear: the amendments do not affect procurements that started before 24 March 2026. A procurement is treated as having started when an authority publishes a call for interest or offers, proactively seeks one from a supplier, or replies to an unsolicited approach. Running a design contest, by itself, does not start a procurement.
For the transition, “contract” expressly covers the conclusion of a framework agreement and the establishment of a dynamic purchasing system. Authorities should therefore assess commencement at the point a framework or dynamic system is set up, as the Regulations define procurement as the process leading to contract award.
The policy effect is that, for procurements covered by the UK–India agreement, Scottish contracting authorities must afford Indian economic operators treatment no less favourable than domestic bidders, with access to the same remedies. Scottish Procurement’s SPPN 4/2026 confirms the changes and the 24 March 2026 application date. (gov.scot)
Commercial and procurement teams should update templates, market notices, and evaluation documentation to reflect India’s inclusion in the international agreements schedules across the public contracts, utilities and concessions regimes. For any pipeline straddling late March, record the actual date each procurement commenced to evidence whether the saving provision applies.
The draft instrument was lodged with the Scottish Parliament on 8 January 2026 (motion S6M‑20367) and proceeded by affirmative procedure before being made. The timetable aligns with the UK–India treaty signed on 24 July 2025, which the UK Government presented as a historic agreement. (parliament.scot)
UK‑level treaty scrutiny under the Constitutional Reform and Governance Act 2010 is underway, with the agreement laid on 21 January 2026 and a House of Lords take‑note debate scheduled for 4 March 2026. The parliamentary objection period is due to end on 5 March 2026. (lordslibrary.parliament.uk)
These amendments do not change financial thresholds. Buyers should note that GPA‑derived thresholds for Scotland were updated for procurements commencing on or after 1 January 2026 and remain in place alongside this instrument. (gov.scot)