- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (18/04/2016)
- Gwreiddiol (a wnaed Fel)
Version Superseded: 01/12/2016
Point in time view as at 18/04/2016.
The Public Contracts (Scotland) Regulations 2015 is up to date with all changes known to be in force on or before 25 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Regulation 2(1)
This Schedule transposes Annex I to the Directive by listing relevant domestic central government authorities for the purposes of the definition of “central government authorities” in regulation 2(1).
Where an entity listed in this Schedule is succeeded by another entity, which is itself a contracting authority, the successor entity shall be deemed to be included in this Schedule.
Cabinet Office
Office of the Parliamentary Counsel
Crown Commercial Service
Charity Commission
Crown Estate Commissioners (Vote Expenditure Only)
Crown Prosecution Service
Department for Business, Innovation and Skills
Competition and Markets Authority
Higher Education Funding Council for England
Intellectual Property Office
Met Office
National Measurement Office
Office of Manpower Economics
Department of Communities and Local Government
Rent Assessment Panels
Department for Culture, Media and Sport
British Library
British Museum
Commission for Architecture and the Built Environment
The Gambling Commission
Historic Buildings and Monuments Commission for England (English Heritage)
Imperial War Museum
Museums, Libraries and Archives Council
National Gallery
National Maritime Museum
National Portrait Gallery
Natural History Museum
Science Museum
Tate Gallery
Victoria and Albert Museum
Wallace Collection
Department for Education
Department for Energy and Climate Change
Department for Environment, Food and Rural Affairs
Agricultural Dwelling House Advisory Committees
Agricultural Land Tribunals
Cattle Breeding Centre
Countryside Agency
Plant Variety Rights Office
Royal Botanic Gardens, Kew
Royal Commission on Environmental Pollution
Department of Health
NHS Business Services Authority
NHS Trusts
Department for International Development
Department of the Procurator General and Treasury Solicitor
Legal Secretariat to the Law Officers
Department for Transport
Maritime and Coastguard Agency
Department for Work and Pensions
Health and Safety Executive
Independent Tribunal Service
Industrial Injuries Advisory Council
Medical Boards and Examining Medical Officers (War Pensions)
Occupational Pensions Regulatory Authority
Pensions Ombudsman
Pensions Protection Fund Ombudsman
Regional Medical Service
Social Security Advisory Committee
Foreign and Commonwealth Office
Wilton Park Conference Centre
Government Actuary's Department
GCHQ
Home Office
HM Inspectorate of Constabulary
House of Commons
House of Lords
Ministry of Defence
Defence Equipment & Support
Defence Infrastructure Organisation
Defence Science and Technology Laboratories
Ministry of Justice
Boundary Commission for England
Combined Tax Tribunal
Council on Tribunals
Court of Appeal — Criminal
Employment Appeals Tribunal
Employment Tribunals
HMCS Regions, Crown, County and Combined Courts (England and Wales)
Immigration Appellate Authorities
Immigration Adjudicators
Immigration Appeals Tribunal
Lands Tribunal
Law Commission
Legal Aid Agency (England and Wales)
Office of the Social Security Commissioners
Parole Board and Local Review Committees
Pensions Appeal Tribunals
Public Trust Office
Supreme Court Group (England and Wales)
Transport Tribunal
The National Archives
National Audit Office
National Savings and Investments
Public Prosecution Service for Northern Ireland
Office of Fair Trading
Office for National Statistics
National Health Service Central Register
Parliamentary and Health Service Ombudsman
Paymaster General's Office
Privy Council Office
HM Revenue and Customs
Royal Hospital, Chelsea
Royal Mint
Rural Payments Agency
HM Treasury
United Kingdom Debt Management Office
Northern Ireland, Department of Agriculture and Rural Development
Agri-Food and Biosciences Institute
Livestock and Meat Commission for Northern Ireland
Northern Ireland Fishery Harbour Authority
Northern Ireland, Department of Culture, Arts and Leisure
Armagh Observatory
Armagh Planetarium
Arts Council of Northern Ireland
Northern Ireland Library Authority
Northern Ireland Screen
Northern Ireland Museums Council
National Museums Northern Ireland
Sport NI
Northern Ireland, Department of Education
Council for Catholic Maintained Schools
Comhairle na Gaelscolaiochta
Council for the Curriculum, Examinations and Assessment
Education and Library Boards
Exceptional Circumstances Body
General Teaching Council for Northern Ireland
Middletown Centre for Autism
Northern Ireland Council for Integrated Education
Staff Commission for Education and Library Boards
Youth Council for Northern Ireland
Northern Ireland, Department for Employment and Learning
Belfast Metropolitan College
Construction Industry Training Board – ConstructionSkills NI
Labour Relations Agency
Northern Regional College
North West Regional College
South Eastern Regional College
Southern Regional College
South West College
Stranmillis University College
Ulster Supported Employment Limited
Northern Ireland, Department of Enterprise, Trade and Investment
Consumer Council for Northern Ireland
Health and Safety Executive for Northern Ireland
Invest Northern Ireland
Northern Ireland Tourist Board
Northern Ireland, Department of the Environment
Northern Ireland Local Government Officers' Superannuation Committee
Local Government Staff Commission
Northern Ireland Environment Agency
Northern Ireland, Department of Finance and Personnel
Northern Ireland Building Regulations Advisory Committee
Statistics Advisory Committee
Public service Commission for Northern Ireland
Lay Observer for Northern Ireland
Northern Ireland, Department of Health, Social Services and Public Safety
Belfast Health and Social Care Trust
Regional Business Services Organisation
Regional Health and Social Care Board
Northern Health and Social Care Trust
Northern Ireland Ambulance Service Trust
Northern Ireland Blood Transfusion Service
Northern Ireland Fire and Rescue Service
Northern Ireland Guardian Ad Litem Agency
Northern Ireland Medical and Dental Training Agency
Northern Ireland Practice and Education Council for Nursing and Midwifery
Northern Ireland Social Care Council
Patient and Client Council
Regional Agency for Public Health and Social Well Being
Health and Social care Regulation and Quality Improvement Authority
South Eastern Health and Social Care Trust
Southern Health and Social Care Trust
Western Health and Social Care Trust
Northern Ireland, Department of Justice
Chief Inspector of Criminal Justice
Northern Ireland Law Commission
Northern Ireland Legal Services Commission
Northern Ireland Policing Board
Northern Ireland Policing Fund
Northern Ireland Prisoner Ombudsman
Probation Board for Northern Ireland
Police Ombudsman Northern Ireland
Police Retraining and Rehabilitation Trust
Police Service of Northern Ireland
RUC George Cross Foundation
Northern Ireland, Department for Regional Development
Northern Ireland, Department for Social Development
Northern Ireland Housing Executive
The Charity Commission for Northern Ireland
Northern Ireland, Office of the First Minister and Deputy First Minister
Attorney General for Northern Ireland
Commissioner for Children and Young People for Northern Ireland
Commissioner for Older People for Northern Ireland
Commissioner for Public Appointments for Northern Ireland
Commissioner for Victims and Survivors
Community Relations Council
Equality Commission for Northern Ireland
ILEX Urban Regeneration Company Limited
Maze Long Kesh Development Corporation
Northern Ireland Judicial Appointments Commission
Strategic Investment Board
Planning and Water Appeals Commission
Victims and Survivors Service Ltd
Scotland, Auditor-General
Scotland, Crown Office and Procurator Fiscal Service
Scotland, Queen's and Lord Treasurer's Remembrancer
Scotland, Registers of Scotland
The Scotland Office
The Scottish Ministers
Architecture and Design Scotland
Common Services Agency for the Scottish Health Service
Court of Session
Crofting Commission
Food Standards Scotland
Health Boards
Health Improvement Scotland
Health and Social Care Partnerships
High Court of Justiciary
Historic Environment Scotland
HM Inspectorate of Constabulary
Integration Joint Boards
Keeper of the Records of Scotland
Keeper of the Registers of Scotland
Lands Tribunal for Scotland
National Galleries of Scotland
National Library of Scotland
National Museums of Scotland
National Records of Scotland
Parole Board for Scotland
Pensions Appeal Tribunals
Revenue Scotland
Royal Botanic Garden, Edinburgh
Scottish Courts and Tribunal Service
Scottish Fire and Rescue Service
Scottish Further and Higher Education Funding Council
Scottish Land Court
Scottish Law Commission
Scottish Natural Heritage
Sheriff Courts
Scottish Police Authority
Special Health Boards
The Office of the Accountant of Court
The Private Rented Housing Panel and Private Rented Housing Committees
The Scottish Parliamentary Body Corporate
UK Export Finance
The Wales Assembly Parliamentary Service
Welsh Language Commissioner
The Wales Office (Office of the Secretary of State for Wales)
The Welsh Ministers
Arts Council of Wales
Care Council for Wales
Higher Education Funding Council Wales
Local Democracy and Boundary Commission for Wales
National Museum Wales
National Library of Wales
Natural Resources Wales
Rent Assessment Committees
Royal Commission on the Ancient and Historical Monuments of Wales
Sport Wales
Welsh NHS Bodies
Regulations 2(1) and 14(1)(a)(i)
In this Schedule, ‘NACE Rev.1’ has the same meaning as in Council Regulation (EEC) No 3037/90 on the statistical classification of economic activities in the European Community M1, and numerical references in the columns relating to the NACE Rev.1 relate to the Annex to that Regulation. In the event of any difference of interpretation between the CPV and the NACE Rev.1, the CPV nomenclature shall apply.
NACE Rev. 1 | CPV Code | ||||
---|---|---|---|---|---|
SECTION F | CONSTRUCTION | ||||
Division | Group | Class | Subject | Notes | |
45 | Construction | This division includes: —construction of new buildings and works, restoring and common repairs. | 45000000 | ||
45.1 | Site preparation | 45100000 | |||
45.11 | Demolition and wrecking of buildings; earth moving | This class includes: —demolition of buildings and other structures, —clearing of building sites, —earth moving: excavation, landfill, levelling and grading of construction sites, trench digging, rock removal, blasting, etc. —site preparation for mining, —overburden removal and other development and preparation of mineral properties and sites. | 45110000 | ||
This class also includes: —building site drainage. —drainage of agricultural or forestry land. | |||||
45.12 | Test drilling and boring | This class includes: —test drilling, test boring and core sampling for construction, geophysical, geological or similar purposes. | 45120000 | ||
This class excludes: —drilling of production oil or gas wells, see 11.20. —water well drilling, see 45.25, —shaft sinking, see 45.25, —oil and gas field exploration, geophysical, geological and seismic surveying, see 74.20. | |||||
45.2 | Building of complete constructions or parts thereof; civil engineering | 45200000 | |||
45.21 | General construction of buildings and civil engineering works | This class includes: —construction of all types of buildings construction of civil engineering constructions, —bridges, including those for elevated highways, viaducts, tunnels and subways, —long-distance pipelines, communication and power lines, —urban pipelines, urban communication and power lines, —ancillary urban works, —assembly and erection of prefabricated constructions on the site. | 45210000 | ||
Except: | |||||
—45213316 | |||||
45220000 | |||||
45231000 | |||||
45232000 | |||||
This class excludes: —service activities incidental to oil and gas extraction, see 11.20, —erection of complete prefabricated constructions from self-manufactured parts not of concrete, see divisions 20, 26 and 28, —construction work, other than buildings, for stadiums, swimming pools, gymnasiums, tennis courts, golf courses and other sports installations, see 45.23, —building installation, see 45.3, —building completion, see 45.4, —architectural and engineering activities, see 74.20, —project management for construction, see 74.20. | |||||
45.22 | Erection of roof covering and frames | This class includes: —erection of roofs, —roof covering, —waterproofing. | 45261000 | ||
45.23 | Construction of highways, roads, airfields and sport facilities | This class includes: —construction of highways, streets, roads, other vehicular and pedestrian ways, —construction of railways, —construction of airfield runways, —construction work, other than buildings, for stadiums, swimming pools, gymnasiums, tennis courts, golf courses and other sports installations, —painting of markings on road surfaces and car parks. | 45212212 and DA03 | ||
45230000 | |||||
except: | |||||
—45231000 | |||||
—45232000 | |||||
—45234115 | |||||
This class excludes: —preliminary earth moving, see 45.11. | |||||
45.24 | Construction of water projects | This class includes: —construction of: —waterways, harbour and river works, pleasure ports (marinas), locks etc.; —dams and dykes, —dredging, —subsurface work. | 45240000 | ||
45.25 | Other construction work involving special trades | This class includes: —construction activities specialising in one aspect common to different kinds of structures, requiring specialised skill or equipment, —construction of foundations, including pile driving, —water well drilling and construction, shaft sinking, —erection of non-self- manufactured steel elements, —steel bending, —bricklaying and stone setting, —scaffolds and work platform erecting and dismantling, including renting of scaffolds and work platforms, —erection of chimneys and industrial ovens. | 45250000 | ||
45262000 | |||||
This class excludes: —renting of scaffolds without erection and dismantling, see 71.32 | |||||
45.3 | Building installation | 45300000 | |||
45.31 | Installation of electrical wiring and fittings | This class includes: installation in buildings or other construction projects of: —electrical wiring and fittings, —telecommunications systems, —electrical heating systems, —residential antennas and aerials, —fire alarms, —burglar alarm systems, —lifts and escalators, —lightning conductors, etc. | 45213316 | ||
45310000 | |||||
Except: — | |||||
45316000 | |||||
45.32 | Insulation work activities | This class includes: —installation in buildings or other construction projects of thermal, sound or vibration insulation. This class excludes: —waterproofing, see 45.22. | 45320000 | ||
45.33 | Plumbing | This class includes: —installation in buildings or other construction projects of: —plumbing and sanitary equipment, —gas fittings, —heating, ventilation, refrigeration or air- conditioning equipment and ducts, —sprinkler systems This class excludes: —installation of electrical heating systems, see 45.31. | 45330000 | ||
45.34 | Other building installation | This class includes: —installation of illumination and signalling systems for roads, railways, airports and harbours, —installation in buildings or other construction projects of fittings and fixtures n.e.c. | 45234115 | ||
45316000 | |||||
45340000 | |||||
45.4 | Building completion | 45400000 | |||
45.41 | Plastering | This class includes: —application in buildings or other construction projects of interior and exterior plaster or stucco, including related lathing materials. | 45410000 | ||
45.42 | Joinery installation | This class includes: —installation of not self-manufactured doors, windows, door and window frames, fitted kitchens, staircases, shop fittings and the like, of wood or other materials, —interior completion such as ceilings, wooden wall coverings, movable partitions, etc. | 45420000 | ||
This class excludes: —laying of parquet and other wood floor coverings, see 45.43 | |||||
45.43 | Floor and wall covering | This class includes: —laying, tiling, hanging or fitting in buildings or other construction projects of: —ceramic, concrete or cut stone wall or floor tiles, —parquet and other wood floor coverings carpets and linoleum floor coverings, —including of rubber or plastic, —terrazzo, marble, granite or slate floor or wall coverings, —wallpaper. | 45430000 | ||
45.44 | Painting and glazing | This class includes: —interior and exterior painting of buildings, —painting of civil engineering structures, —installation of glass, mirrors, etc. This class excludes: —installation of windows, see 45.42. | 45440000 | ||
45.45 | Other building completion | This class includes: —installation of private swimming pools, —steam cleaning, sand blasting and similar activities for building exteriors, —other building completion and finishing work n.e.c. | 45212212 and DA04 | ||
45450000 | |||||
This class excludes: —interior cleaning of buildings and other structures see 74.70. | |||||
45.5 | Renting of construction or demolition equipment with operator | 45500000 | |||
45.50 | Renting of construction or demolition equipment with operator | This class excludes: —renting of construction or demolition machinery and equipment without operators, see 71.32. | 45500000 |
Marginal Citations
M1OJ L 293, 24.10.1990, p.1; last amended by Regulation (EC) No 1893/2006 of the European Parliament and of the Council (OJ L 393, 30.12.2006, p.1).
Regulation 74
CPV Code | Description |
---|---|
75200000-8; 75231200-6; 75231240-8; 79611000-0; 79622000-0 (Supply services of domestic help personnel); 79624000-4 (Supply services of nursing personnel) and 79625000-1 (Supply services of medical personnel) from 85000000-9 to 85323000-9; 98133100-5, 98133000-4; 98200000-5; 98500000-8 (Private households with employed persons) and 98513000-2 to 98514000-9 (Manpower services for households, Agency staff services for households, Clerical staff services for households, Temporary staff for households, Home-help services and Domestic services) | Health, social and related services |
85321000-5 and 85322000-2, 75000000-6 (Administration, defence and social security services), 75121000-0, 75122000-7, 75124000- 1; from 79995000-5 to 79995200-7; from 80000000-4 Education and training services to 80660000-8; from 92000000-1 to 92700000-8; 79950000-8 (Exhibition, fair and congress organisation services), 79951000-5 (Seminar organisation services), 79952000-2 (Event services), 79952100-3 (Cultural event organisation services), 79953000-9 (Festival organisation services), 79954000-6 (Party organisation services), 79955000-3 (Fashion shows organisation services), 79956000-0 (Fair and exhibition organisation services) | Administrative social, educational, healthcare and cultural services |
75300000-9 | Compulsory social security services |
75310000-2, 75311000-9, 75312000-6, 75313000-3, 75313100-4, 75314000-0, 75320000-5, 75330000-8, 75340000-1 | Benefit services |
98000000-3; 98120000-0; 98132000-7; 98133110-8 and 98130000-3 | Other community, social and personal services including services furnished by trade unions, political organisations, youth associations and other membership organisation services |
98131000-0 | Religious services |
55100000-1 to 55410000-7; 55521000-8 to 55521200-0 (55521000-8 Catering services for private households, 55521100-9 Meals-on- wheels services, 55521200-0 Meal delivery service) 55520000-1 Catering services, 55522000-5 Catering services for transport enterprises, 55523000-2 Catering services for other enterprises or other institutions, 55524000-9 School catering services 55510000-8 Canteen services, 55511000-5 Canteen and other restricted-clientele cafeteria services, 55512000-2 Canteen management services, 55523100-3 School-meal services | Hotel and restaurant services |
79100000-5 to 79140000-7; 75231100-5; | Legal services, to the extent not excluded by regulation 11(1)(e) |
75100000-7 to 75120000-3; 75123000-4; 75125000-8 to 75131000-3 | Other administrative services and government services |
75200000-8 to 75231000-4 | Provision of services to the community |
75231210-9 to 75231230-5; 75240000-0 To 75252000-7; 794300000-7; 98113100-9 | Prison related services, public security and rescue services to the extent not excluded by regulation 11(1)(k) |
79700000-1 to 79721000-4 (Investigation and security services, Security services, Alarm- monitoring services, Guard services, Surveillance services, Tracing system services, Absconder-tracing services, Patrol services, Identification badge release services, Investigation services and Detective agency services) 79722000-1(Graphology services), 79723000-8 (Waste analysis services) | Investigation and security services |
98900000-2 (Services provided by extra- territorial organisations and bodies) and 98910000-5 (Services specific to international organisations and bodies) | International services |
64000000-6 (Postal and telecommunications services), 64100000-7 (Post and courier services), 64110000-0 (Postal services), 64111000-7 (Postal services related to newspapers and periodicals), 64112000-4 (Postal services related to letters), 64113000-1 (Postal services related to parcels), 64114000-8 (Post office counter services), 64115000-5 (Mailbox rental), 64116000-2 (Post-restante services), 64122000-7 (Internal office mail and messenger services) | Postal services |
50116510-9 (Tyre-remoulding services), 71550000-8 (Blacksmith services) | Miscellaneous services |
Regulation 5(2)
The products covered by this Schedule are those specified in the following chapters of the Combined Nomenclature (CN) M2:
Chapter 25: | Salt, sulphur, earths and stone, plastering materials, lime and cement |
Chapter 26: | Metallic ores, slag and ash |
Chapter 27: | Mineral fuels, mineral oils and products of their distillation, bituminous substances, mineral waxes |
except: | |
ex 27.10: special engine fuels | |
Chapter 28: | Inorganic chemicals, organic and inorganic compounds of precious metals, of rare-earth metals, of radioactive elements and isotopes |
except: | |
ex 28.09: explosives | |
ex 28.13: explosives | |
ex 28.14: tear gas | |
ex 28.28: explosives | |
ex 28.32: explosives | |
ex 28.39: explosives | |
ex 28.50: toxic products | |
ex 28.51: toxic products | |
ex 28.54: explosives | |
Chapter 29: | Organic chemicals |
except: | |
ex 29.03: explosives | |
ex 29.04: explosives | |
ex 29.07: explosives | |
ex 29. 08: explosives | |
ex 29.11: explosives | |
ex 29.12: explosives | |
ex 29.13: toxic products | |
ex 29.14: toxic products | |
ex 29.15: toxic products | |
ex 29.21: toxic products | |
ex 29.22: toxic products | |
ex 29.23: toxic products | |
ex 29.26: explosives | |
ex 29.27: toxic products | |
ex 29.29: explosive | |
Chapter 30: | Pharmaceutical products |
Chapter 31: | Fertilisers |
Chapter 32: | Tanning and dyeing extracts, tanning and their derivatives, dyes, colours, paints and varnishes, putty, fillers and stoppings, inks |
Chapter 33: | Essential oils and resinoids, perfumery, cosmetic or toilet preparations |
Chapter 34: | Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing and scouring preparations, candles and similar articles, modelling pastes and ‘dental waxes’ |
Chapter 35: | Albuminoidal substances, glues, enzymes |
Chapter 37: | Photographic and cinematographic goods |
Chapter 38: | Miscellaneous chemical products, |
except: | |
ex 38.19: toxic products | |
Chapter 39: | Artificial resins and plastic materials, celluloses esters and ethers, articles thereof, except: |
ex 39.03: explosives | |
Chapter 40: | Rubber, synthetic rubber, factice, and articles thereof, |
except: | |
ex 40.11: bullet-proof tyres | |
Chapter 41: | Raw hides and skins (other than fur skins) and leather |
Chapter 42: | Articles of leather, saddlery and harness, travel goods, handbags and similar containers, articles of animal gut (other than silk-worm gut) |
Chapter 43: | Fur skins and artificial fur, manufacturers thereof |
Chapter 44: | Wood and articles of wood, wood charcoal |
Chapter 45: | Cork and articles of cork |
Chapter 46: | Manufactures of straw of esparto and of other plaiting materials, basketware and wickerwork |
Chapter 47: | Paper-making material |
Chapter 48: | Paper and paperboard, articles or paper pulp, of paper or of paperboard |
Chapter 49: | Printed books, newspapers, pictures and other products of the printing industry, manuscripts, typescripts and plans |
Chapter 65: | Headgear and parts thereof |
Chapter 66: | Umbrellas, sunshades, walking-sticks, whips, riding-crops and parts thereof |
Chapter 67: | Prepared feathers and down and articles made of feathers or of down, artificial flowers, articles of human hair |
Chapter 68: | Articles of stone, of plaster, of cement, of asbestos, of mica and of similar materials |
Chapter 69: | Ceramic products |
Chapter 70: | Glass and glassware |
Chapter 71: | Pearls, precious and semi-precious stones, precious metals, rolled precious metals, and articles thereof; imitation jewellery |
Chapter 73: | Iron and steel and articles thereof |
Chapter 74: | Copper and articles thereof |
Chapter 75: | Nickel and articles thereof |
Chapter 76: | Aluminium and articles thereof |
Chapter 77: | Magnesium and beryllium and articles thereof |
Chapter 78: | Lead and articles thereof |
Chapter 79: | Zinc and articles thereof |
Chapter 80: | Tin and articles thereof |
Chapter 81: | Other base metals employed in metallurgy and articles thereof |
Chapter 82: | Tools, implements, cutlery, spoons and forks, of base metal, parts thereof, except: |
ex 82.05: tools | |
ex 82.07: tools, parts | |
Chapter 83: | Miscellaneous articles of base metal |
Chapter 84: | Boilers, machinery and mechanical appliances, parts thereof, |
except: | |
ex 84.06: engines | |
ex 84.08: other engines | |
ex 84.45: machinery | |
ex 84.53: automatic data-processing machines | |
ex 84.55: parts of machines under heading No 84.53 | |
ex 84.59: nuclear reactors | |
Chapter 85: | Electrical machinery and equipment, parts thereof, |
except: | |
ex 85.13: telecommunication equipment | |
ex 85.15: transmission apparatus | |
Chapter 86: | Railway and tramway locomotives, rolling-stock and parts thereof, railway and tramway tracks fixtures and fittings, traffic signalling equipment of all kinds (not electrically powered), |
except | |
ex 86.02: armoured locomotives, electric | |
ex 86.03: other armoured locomotives | |
ex 86.05: armoured wagons | |
ex 86.06: repair wagons | |
ex 86.07: wagons | |
Chapter 87: | Vehicles, other than railway or tramway rolling-stock, and parts thereof, except: |
ex 87.08: tanks and other armoured vehicles | |
ex 87.01: tractors | |
ex 87.02: military vehicles | |
ex 87.03: breakdown lorries | |
ex 87.09: motorcycles | |
ex 87.14: trailers | |
Chapter 89: | Ships, boats and floating structures, |
except: | |
ex 89.01A: warships | |
Chapter 90: | Optical, photographic, cinematographic, measuring, checking, precision, medical and surgical instruments and apparatus, parts thereof, |
except: | |
ex 90.05: binoculars | |
ex 90.13: miscellaneous instruments, lasers | |
ex 90.14: telemeters | |
ex 90.28: electrical and electronic measuring instruments | |
ex 90.11: microscopes | |
ex 90.17: medical instruments | |
ex 90.18: mechano-therapy appliances | |
ex 90.19: orthopaedic appliances | |
ex 90.20: X-ray apparatus | |
Chapter 91: | Manufacture of watches and clocks |
Chapter 92: | Musical instruments, sound recorders and reproducers, television image and sound recorders or reproducers, parts and accessories of such articles |
Chapter 94: | Furniture and parts thereof, bedding, mattresses, mattress supports, cushions and similar stuffed furnishings, |
except: | |
ex 94.01A: aircraft seats | |
Chapter 95: | Articles and manufactures of carving or moulding material |
Chapter 96: | Brooms, brushes, powder-puffs and sieves |
Chapter 98: | Miscellaneous manufactured articles |
Marginal Citations
M2The references in this Schedule are derived from Annex 4 to the EU's Appendix 1 to the GPA (for which see the footnote to the definition of ‘GPA’ in regulation 2(1)).
Regulations 59(5)
The registers and other requests referred to in regulation 59(5) are the following and, where changes have been made at national level, the references to particular registers, declarations and certificates shall include those which have replaced them:
in Belgium the ‘Registre du Commerce’/ ‘Handelsregister’, and, in the case of service contracts, the ‘Ordres professionels/Beroepsorden’;
in Bulgaria, the ‘Търговски регистър’;
in the Czech Republic, the ‘obchodní rejstřík’;
in Denmark, the ‘Erhvervsstyrelsen’;
in Germany, the ‘Handelsregister’, the ‘Handwerksrolle’, and, in the case of service contracts, the ‘Vereinsregister’, the ‘Partnerschaftsregister’ and the ‘Mitgliedsverzeichnisse der Berufskammern der Länder’;
in Estonia, the ‘Registrite ja Infosüsteemide Keskus’;
in Ireland, the economic operator may be requested to provide a certificate from the Registrar of Companies or the Registrar of Friendly Societies or, where he is not so certified, a certificate stating that the person concerned has declared on oath that he is engaged in the profession in question in the country in which he is established, in a specific place under a given business name;
in Greece, the ‘Μητρώο Εργοληφτικών Εφιχειρήσεων — MEΕΠ’ of the Ministry for Environment, Town and Country Planning and Public Works (Υ.ΠΕ.ΧΩ.∆.Ε) in respect of works contracts; the ‘Βιοτεχνικό ή Εµφορικό ή Βιοµηχανικό Εφιµελητήριο’ and the ‘Μητρώο Κατασκευαστών Αµυντικού Υλικού’ in the case of supplies contracts; in the case of service contracts, the service provider may be asked to provide a declaration on the exercise of the profession concerned made on oath before a notary; in the cases provided for by existing national legislation, for the provision of research services, the professional register ‘Μητρώο Μελετητών’ and the ‘Μητρώο Γραφείων Μελετών’;
in Spain, the ‘Registro Oficial de Licitadores y Empresas Clasificadas del Estado’ in respect of works and services contracts, and, in the case of supplies contracts, the ‘Registro Mercantil’ or, in the case of non-registered individuals, a certificate stating that the person concerned has declared on oath that he is engaged in the profession in question;
in France, the ‘Registre du commerce et des sociétés’ and the ‘Répertoire des métiers’;
in Croatia, the ‘Sudski registar’ and the ‘Obrtni registrar’ or, in the case of some activities, a certificate stating that the person concerned is authorised to be engaged in the commercial activity or profession in question;
in Italy, the ‘Registro della Camera di commercio, industria, agricoltura e artigianato’; in the case of supplies and services contracts also the ‘Registro delle commissioni provinciali per l’artigianato' or, in addition to the already mentioned registers, the ‘Consiglio nazionale degli ordini professionali’ in respect of services contracts; in respect of works or services contracts, the ‘Albo nazionale dei gestori ambientali’ in addition to the already mentioned registers;
in Cyprus, the contractor may be requested to provide a certificate from the ‘Council for the Registration and Audit of Civil Engineering and Building Contractors (Συµβούλιο Εγγραφής και Ελέγχου Εργοληφτών Οικοδοµικών και Τεχνικών Έργων)’ in accordance with the Registration and Audit of Civil Engineering and Building Contractors Law in respect of works contracts; in the case of supplies and services contracts the supplier or service provider may be requested to provide a certificate from the ‘Registrar of Companies and Official Receiver’ (Έφορος Εταιρειών και Εφίσηµος Παραλήφτης) or, where this is not the case, a certificate stating that the person concerned has declared on oath that he is engaged in the profession in question in the country in which he is established, in a specific place and under a given business name;
in Latvia, the ‘Uzņēmumu reģistrs’;
in Lithuania, the ‘Juridinių asmenų registras’;
in Luxembourg, the ‘Registre aux firmes’ and the ‘Rôle de la Chambre des métiers’;
in Hungary, the ‘Cégnyilvántartás’, the ‘egyéni vállalkozók jegyzői nyilvántartása’ and, in the case of service contracts, some ‘szakmai kamarák nyilvántartása’ or, in the case of some activities, a certificate stating that the person concerned is authorised to be engaged in the commercial activity or profession in question;
in Malta, the economic operator obtains his ‘numru ta’ registrazzjoni tat-Taxxa tal-Valur Miżjud (VAT) u n-numru tal-licenzja ta' kummerc', and, in the case of a partnership or company, the relevant registration number as issued by the Malta Financial Services Authority;
in the Netherlands, the ‘Handelsregister’;
in Austria, the ‘Firmenbuch’, the ‘Gewerberegister’, the ‘Mitgliederverzeichnisse der Landeskammern’;
in Poland, the ‘Krajowy Rejestr Sądowy’;
in Portugal, the ‘Instituto da Construção e do Imobiliário’ (INCI) in respect of works contracts; the ‘Registro Nacional das Pessoas Colectivas’ in the case of supplies and services contracts;
in Romania, the ‘Registrul Comerțului’;
in Slovenia, the ‘sodni register’ and the ‘obrtni register’;
in Slovakia, the ‘Obchodný register’;
in Finland, the ‘Kaupparekisteri’/ ‘Handelsregistret’;
in Sweden, the ‘aktiebolags-, handels- eller föreningsregistren’;
in the United Kingdom, the economic operator may be requested to provide a certificate from the Registrar of Companies stating that he is certified as incorporated or registered or, where he is not so certified, a certificate stating that the person concerned has declared on oath that he is engaged in the profession in a specific place under a given business name.
Regulation 97(2)
1.—(1) The Late Payment of Commercial Debts (Interest) Act 1998 M3is amended as follows.
(2) In section 4(8) M4 (period for which statutory interest runs), in the definition of “public authority” for “regulation 3 of the Public Contracts (Scotland) Regulations 2012” substitute “ regulation 2(1) of the Public Contracts (Scotland) Regulations 2015 ”.
2.—(1) The Procurement Reform (Scotland) Act 2014 M5 is amended as follows.
(2) In section 4(1), for “mentioned in paragraph (1) or (2) of regulation 6 of the Public Contract Regulations” substitute “ to which Public Contracts Regulations do not apply by virtue of regulation 4 or 7 to 18 of those regulations ”.
(3) In section 11(3) for “supported employment programme or supported factory within the meaning regulation 7” substitute “ or supported employment programme within the meaning of regulation 21 ”.
(4) In section 41(1) (the Directive, Public Contracts Regulations and EU regulated procurements)—
(a)In paragraph (a), for “Directive 2004/18/EC” substitute “ Directive 2014/24/EU ”;
(b)In paragraph (b) for “Public Contracts (Scotland) Regulations 2012 (S.S.I. 2012/88)” substitute “Public Contracts (Scotland) Regulations 2015 (S.S.I. 2015/XX);
(c)in paragraph (c) omit “by virtue of regulation 5(1)”.
Marginal Citations
M52014 asp. 12.
3.—(1) The Small Business, Enterprise and Employment Act 2015 M6 is amended as follows.
(2) In section 40(5)(investigation of procurement functions) in the definition of “a relevant function relating to procurement”, in paragraph (c)—
(a)for “Public Contracts (Scotland) Regulations 2012 (S.I. 2012/88)” substitute “ Public Contracts (Scotland) Regulations 2015 ”; and
(b)for “regulation 8” substitute “ regulation 5 ”.
4.—(1) The Bathing Waters (Scotland) Regulations 2008 M7 are amended as follows.
(2) In regulation 2 M8 (interpretation), in the definition of “public body”, for the “Public Contracts (Scotland) Regulations 2012” substitute “ Public Contracts (Scotland) Regulations 2015 ”.
Marginal Citations
M8Regulation 2 relevantly amended by S.S.I. 2012/88, schedule 7(B), paragraph 1.
5.—(1) The Cleaner Road Transport Vehicles (Scotland) Regulations 2010 M9 are amended as follows.
(2) In regulation 2 M10 (interpretation) in the definition of—
(a)“contracting authority” for “regulation 3 of the Public Contracts (Scotland) Regulations 2012” substitute “ regulation 2(1) of the Public Contracts (Scotland) Regulations 2015 ”; and
(b)“operator” for “regulation 8 of the Public Contracts (Scotland) Regulations 2012” substitute “ regulation 5 of the Public Contracts (Scotland) Regulations 2015 ”.
(3) In regulation 6(1)(a) M11 (enforcement of duties) for “Part 9 of the Public Contracts (Scotland) Regulations 2012” substitute “ Chapter 6 of Part 3 of the Public Contracts (Scotland) Regulations 2015 ”.
Marginal Citations
M10Regulation 2 relevantly amended by S.S.I. 2012/88, schedule 7(B), paragraph 1.
M11Regulation 6(1)(a) amended by S.S.I. 2012/88, schedule 7(B), paragraph 1.
6.—(1) The Defence and Security Public Contracts Regulations 2011 M12 are amended as follows.
(2) In regulation 3(1) M13 (interpretation), in the definition of “central purchasing body”, for “regulation 3 of the Public Contracts (Scotland) Regulations 2012” substitute “ regulation 2(1) of the Public Contracts (Scotland) Regulations 2015 ”.
(3) In regulation 4(b) M14 (contracting authorities), for “regulation 3 of the Public Contracts (Scotland) Regulations 2012” substitute “ regulation 2(1) of the Public Contracts (Scotland) Regulations 2015 ”.
(4) In regulation 6 M15 (application), for “the Public Contracts (Scotland) Regulations 2012”, in each place it occurs, substitute “ the Public Contracts (Scotland) Regulations 2015 ”.
(5) In regulations 16(2)(b) M16 (use of the negotiated procedure without prior publication of a contract notice), 31(9)(b) M17 (criteria for the award of a contract) and 33(14)(b) M18 (information about contract award procedures) for heads (ii) and (iii), in each place they occur, substitute—
“(ii)a “body governed by public law” within the meaning of regulation 2(1) of the Public Contracts (Scotland) Regulations 2015 and the Secretary of State for Defence is the authority referred to in any of the sub-paragraphs (a) to (c) of that definition for that body or the financing, supervisory or appointing body, or
(iii)an association formed by either the Secretary of State for Defence or one or more bodies governed by public law within the meaning of (i) or (ii).”.
(6) In regulation 46(3) M19 both paragraphs (b) substitute—
“(b)a “body governed by public law” within the meaning of regulation 2(1) of the Public Contracts (Scotland) Regulations 2015 and the Secretary of State for Defence is the authority referred to in any of the sub-paragraphs (a) to (c) of that definition for that body or the financing, supervisory or appointing body, or
(c)an associated formed by either the Secretary of State for Defence or one or more bodies governed by public law within the meaning of (a) or (b).”.
Marginal Citations
M13Regulation 3(1) relevantly amended by S.S.I. 2012/88, schedule 7(B), paragraph 1.
M14Regulation 4(b) amended by S.S.I. 2012/88, schedule 7(B), paragraph 1.
M15Regulation 6 relevantly amended by S.S.I. 2012/88, schedule 7(B), paragraph 1.
M16Regulation 16(2)(b) relevantly amended by S.I. 2015/102, schedule 6(2), paragraph 19(8).
M17Regulation 31(9)(b) relevantly amended by S.I. 2015/102, schedule 6(2), paragraph 19(8).
M18Regulation 33(14)(b) relevantly amended by S.I. 2015/102, schedule 6(2), paragraph 19(8).
M19Regulation 46(3) relevantly amended by S.I. 2015/102, schedule 6(2), paragraph 19(10).
7.—(1) The Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 M20 are amended as follows.
(2) In regulation 9(4) (duty to consider award criteria and conditions in relation to public procurement), for both references to “Public Contracts (Scotland) Regulations 2012” substitute “ Public Contracts (Scotland) Regulations 2015 ”.
Marginal Citations
8.—(1) The Utilities Contracts (Scotland) Regulations 2012 M21 are amended as follows.
(2) In regulation 2(1) (interpretation), in the definition of “contracting authority” for “regulation 3 of the Public Contracts (Scotland) Regulations 2012” substitute “ regulation 2(1) of the Public Contracts (Scotland) Regulations 2015 ”
(3) In regulation 5 (application) for the “Public Contracts (Scotland) Regulations 2012”, in each place it occurs, substitute “ Public Contracts (Scotland) Regulations 2015 ”.
(4) In regulation 21(2) (central purchasing bodies) for the “Public Contracts (Scotland) Regulations 2012” substitute “ Public Contracts (Scotland) Regulations 2015 ”.
Marginal Citations
9.—(1) The Energy Efficiency (Eligible Buildings) Regulations 2013 M22 are amended as follows.
(2) In regulation 2 (interpretation), in the definition of “public bodies”, in paragraph (b), for “ ‘contracting authorities’ as defined in regulation 3 of Public Contracts (Scotland) Regulations 2012” substitute “any ‘contracting authority’ as defined in regulation 2(1) of the Public Contracts (Scotland) Regulations 2015”.
Marginal Citations
10.—(1) The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013 M23 is amended as follows.
(2) For paragraph 10 (public procurement) of schedule 3 (exclusions of section 4(2)(a) and (b) of the act), substitute—
“(1) Any question asked by or on behalf of a contracting authority or contracting entity in relation to a conviction specified in regulation 58 of the Public Contracts (Scotland) Regulations 2015 which is a spent conviction (or any circumstances ancillary to such a conviction) for the purpose of determining whether or not a person is to be excluded—
(a)for the purposes of regulation 58 of the Public Contracts (Scotland) Regulations 2015 or regulation 26 of the Utilities Contracts (Scotland) Regulations 2012; or
(b)from participation in a design contest for the purposes of [F1regulation 79] of the Public Contracts (Scotland) Regulations 2015 or regulation 34 of the Utilities Contracts (Scotland) Regulations 2012,
where the person questioned is informed at the time the question is asked that, by virtue of this Order, convictions within the meaning of regulation 58 of the Public Contracts (Scotland) Regulations 2015, which are spent convictions, are to be disclosed.
(2) For the purposes of contract award procedures or design contests commenced before 18th April 2016 and on or after 1st May 2012, the references in sub-paragraph (1) to [F1regulations 58 and 79] of the Public Contracts (Scotland) Regulations 2015 are to be read as references to regulations 23 and 33 of the Public Contracts (Scotland) Regulations 2012 M24.
(3) For the purposes of sub-paragraph (2), the commencement of a contract award procedure or design contest is to be interpreted in accordance with—
(a)regulation 98(2) (transitional provision and savings where procurement procedure commenced before 18th April 2016) and 99(2) (transitional provision and saving where utilities procurement procedures commenced before 18th April 2016) of the Public Contracts (Scotland) Regulations 2015;
(b)regulation 52(2) of the Public Contracts (Scotland) Regulations 2012; and
(c)regulation 49(2) of the Utilities Contracts (Scotland) Regulations 2012.
(4) For the purposes of contract award procedures or design contests commenced before 1st May 2012—
(a)the references in sub-paragraph (1) to regulations 58 and 79 of the Public Contracts (Scotland) Regulations 2015 are to be read as references to regulations 23 and 33 of the Public Contracts (Scotland) Regulations 2006 M25; and
(b)the references in sub-paragraph (1) to regulations 26 and 34 of the Utilities Contracts (Scotland) Regulations 2012 are to be read as references to regulations 26 and 34 of the Utilities Contracts (Scotland) Regulations 2006 M26.
(5) For the purposes of sub-paragraph (4), the commencement of a contract award procedure or design contest is to be interpreted in accordance with—
(a)regulation 52(2) of the Public Contracts (Scotland) Regulations 2012; and
(b)regulation 49(2) of the Utilities Contracts (Scotland) Regulations 2012.”
Textual Amendments
F1Words in sch. 6 para. 10(2) substituted (18.4.2016) by The Public Contracts (Scotland) Amendment Regulations 2016 (S.S.I. 2016/47), regs. 1, 2(10)
Marginal Citations
M24S.S.I. 2012/88, repealed by regulation 98 of these Regulations, subject to the savings and transitional provisions in regulations 99 and 100 of these Regulations.
M25S.S.I. 2006/1, repealed by S.S.I. 2012/88, schedule 7(A), paragraph 1, subject to savings and transitional provisions in regulation 52 of those Regulations. Regulation 23 amended by S.I. 2007/2157, schedule 6(2), paragraph 12; S.S.I. 2008/94 regulation 2(7)(a)(b) and (c); S.S.I. 2009/428 regulation 2(8)(a) and (b). Regulation 33 amended by S.S.I. 2007/565, regulation 2(5)(a), (b) and (c); S.S.I. 2008/94, regulation 2(1); S.S.I. 2009/428 regulation 2(10)(a) and (b).
M26S.S.I. 2006/2, repealed by S.S.I. 2012/89, schedule 5(A), paragraph 1, subject to savings and transitional provisions in regulation 49 of those Regulations. Regulation 26 amended by S.I. 2007/2157, schedule 6(2), paragraph 13; S.S.I. 2009/428, regulation 4(5)(a) and (b). Regulation 34 amended by S.S.I. 2008/94, regulation 3(6)(a)(b) and (c); S.S.I. 2009/428 regulation 4(9)(a) and (b); S.I 2011/2053, regulation 30(2)(c) and (d).
11.—(1) The Energy Saving Opportunity Scheme Regulations 2014 M27 are amended as follows.
(2) In regulation 16(2)(b)(ii) M28 (excluded undertakings) for “regulation 3 of the Public Contracts (Scotland) Regulations 2012” substitute “ regulation 2(1) of the Public Contracts (Scotland) Regulations 2015 ”.
Marginal Citations
M28To which there are amendments not relevant to these Regulations.
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