5.15 The NHSScotland body will need to consider certain legal issues before procuring advisory services. In particular, the Public Contracts (Scotland) Regulations 2006 and the Utilities (Scotland) Regulations 2006 may apply to the procurement of advisory services (other than legal services) that are expected to cost more than a threshold value. The current threshold figures that apply are contained within Scottish Procurement Policy Note SPPN 11/2009. These thresholds are updated every two years. for advisers will normally be advertised under the Restricted Procedure. Generally, all advisers other than legal advisers on which expenditure is expected to exceed the threshold should be procured under the public procurement regulations and advertised in OJEU. The public procurement regulations are discussed further in Appendix 2 of the From OJEU to Contract Award section of this guidance. NHS bodies should also advertise the procurement of all advisers in Government Opportunities.
5.16 If the EU procurement regulations do not apply, the manner of advertising and procurement becomes subject to the NHSScotland body's discretion and good practice within service-wide procurement policy guidelines. In these circumstances advertising the contract widely through trade journals and other contacts is recommended to ensure that the NHSScotland body is able to select from a wide sample of candidates. NHS bodies may also approach firms of advisers already known to them and draw to their attention the fact that they are advertising.