The Public Contracts (Scotland) Regulations 2015

Regulation 2(1)

[F1SCHEDULE 1SCENTRAL GOVERNMENT AUTHORITIES

Textual Amendments

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.

PART 1SGPA ANNEX 1 CONTRACTING AUTHORITIES

Attorney General’s Office

Government Legal Department

Cabinet Office

Office of the Parliamentary Counsel

Boundary Commission for England

Crown Commercial Service

Charity Commission

Crown Estate – Vote Expenditure Only

Crown Prosecution Service

Department for Business, Energy and Industrial Strategy

Competition Appeal Tribunal

Competition and Markets Authority

Competition Service

Intellectual Property Office

Nuclear Decommissioning Authority

Metrological Office (known as “Met Office”)

Office of Manpower Economics

Oil and Gas Authority

UK Research and Innovation

Department for Education

Office for Students

Ministry of Housing, Communities and Local Government

Department for Digital, Culture, Media and Sport

Arts Council England

British Library

British Museum

The Gambling Commission

Historic Buildings and Monuments Commission for England (known as “Historic England”)

Imperial War Museum

National Gallery

National Maritime Museum

National Portrait Gallery

Natural History Museum

Board of Trustees of the Science Museum (known as “Science Museum Group”)

Tate Gallery

Victoria and Albert Museum

Wallace Collection

Department for Environment, Food and Rural Affairs

Natural England

Plant Variety Rights Office

Royal Botanic Gardens, Kew

Department of Health and Social Care

NHS Business Services Authority

NHS Commissioning Board (known as “NHS England”)

NHS Trusts

NHS Foundation Trusts

Department for International Trade

Department for Transport

Maritime and Coastguard Agency

Highways England Company Ltd (known as “Highways England”)

Department for Work and Pensions

Office of Nuclear Regulation

Pensions Regulator

Social Security Advisory Committee

Export Credits Guarantee Department (known as “UK Export Finance”)

Foreign, Commonwealth and Development Office

Wilton Park

Government Actuary’s Department

Government Communications Headquarters

Home Office

HM Inspectorate of Constabulary and Fire & Rescue Services

Corporate Officer of the House of Commons

Corporate Officer of the House of Lords

Ministry of Defence

Defence Equipment & Support

Ministry of Justice

Court of Appeal (England and Wales)

Employment Appeals Tribunal

Employment Tribunals

First-tier Tribunal

Her Majesty’s Courts and Tribunals Service

Law Commission

Legal Aid Agency – England and Wales

Office of the Official Solicitor to the Senior Courts and the Public Trustee

Office of the Public Guardian

Parole Board

UK Supreme Court

Upper Tribunal

The National Archives

National Audit Office

National Savings and Investments

Northern Ireland Assembly Commission

Northern Ireland Ministers

Agricultural Wages Board for Northern Ireland

Attorney General for Northern Ireland

Department of Agriculture, Environment and Rural Affairs

Department for Communities

Department for the Economy

Consumer Council Northern Ireland (with respect only to the functions transferred from the National Consumer Council which were themselves transferred from the Gas and Electricity Consumer Council)

Department of Education

Department of Finance

Department of Health

Department for Infrastructure

Department of Justice

Coroners Service

County Courts

Court of Appeal and High Court of Justice in Northern Ireland

Crown Court

Enforcement of Judgements Office

Forensic Science Northern Ireland

Legal Service Agency Northern Ireland

Magistrates’ Courts

Pensions Appeals Tribunals (Northern Ireland)

Police Service of Northern Ireland

Probation Board for Northern Ireland

Office of the Social Security Commissioners and Child Support Commissioners (Northern Ireland)

State Pathologist’s Department

Executive Office

Northern Ireland Office

Office of the Chief Electoral Officer for Northern Ireland

Public Prosecution Service for Northern Ireland

Office for National Statistics

National Health Service Central Register

F2...

Textual Amendments

Parliamentary and Health Service Ombudsman

Postal business of the Post Office

Privy Council Office

Restoration and Renewal Delivery Authority Ltd

HM Revenue and Customs

Royal Hospital, Chelsea

Royal Mint

Rural Payments Agency

Scotland, Auditor-General

Scotland, Crown Office and Procurator Fiscal Service

Scotland, National Records of Scotland

Scotland, Queen’s and Lord Treasurer’s Remembrancer

Scotland, Registers of Scotland

The Scotland Office

The Scottish Ministers

Architecture and Design Scotland

Crofting Commission

Lands Tribunal for Scotland

National Galleries of Scotland

National Library of Scotland

National Museums of Scotland

Royal Botanic Garden, Edinburgh

Scottish Courts and Tribunals Service

Scottish Further and Higher Education Funding Council

Scottish Law Commission

Special Health Boards

Health Boards

The Office of the Accountant of Court

High Court of Justiciary

Court of Session

HM Inspectorate of Constabulary

Parole Board for Scotland

Pensions Appeal Tribunals (Scotland)

Scottish Land Court

Sheriff Courts

Scottish Natural Heritage

Scottish Police Authority

First-tier Tribunal for Scotland

Upper Tribunal for Scotland

Historic Environment Scotland

The Scottish Parliamentary Corporate Body

HM Treasury

United Kingdom Debt Management Office

The Wales Office – Office of the Secretary of State for Wales

The Welsh Ministers

Agricultural Dwelling House Advisory Committees (Wales)

Agricultural Land Tribunal for Wales

Higher Education Funding Council for Wales

Local Democracy and Boundary Commission for Wales

Rent Assessment Committee (Wales)

The Royal Commission on the Ancient and Historical Monuments of Wales

Valuation Tribunals for Wales

Welsh National Health Service Trusts and Local Health Boards

PART 2SOTHER CENTRAL GOVERNMENT CONTRACTING AUTHORITIES

Agri-Food and Biosciences Institute

Armagh Observatory

Armagh Planetarium

Arts Council of Northern Ireland

Arts Council of Wales

Belfast Health and Social Care Trust

Belfast Metropolitan College

Care Council for Wales

Chief Inspector of Criminal Justice

Comhairle na Gaelscolaiochta

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

Common Services Agency for the Scottish Health Service

Community Relations Council

Construction Industry Training Board – ConstructionSkills NI

Council for Catholic Maintained Schools

Council for the Curriculum, Examinations and Assessment

Education and Library Boards

Education Authority

Equality Commission for Northern Ireland

Exceptional Circumstances Body

F3...

Textual Amendments

General Teaching Council for Northern Ireland

Food Standards Scotland

Health and Safety Executive for Northern Ireland

Health and Social Care Regulation and Quality Improvement Authority

Health Improvement Scotland

ILEX Urban Regeneration Company Limited

Integration Joint Boards

Invest Northern Ireland

Labour Relations Agency

Lay Observer for Northern Ireland

Livestock and Meat Commission for Northern Ireland

Local Government Staff Commission

Maze Long Kesh Development Corporation

Middletown Centre for Autism

National Library of Wales

National Museum Wales

National Museums Northern Ireland

Natural Resources Wales

North West Regional College

Northern Health and Social Care Trust

Northern Ireland Ambulance Service Trust

Northern Ireland Blood Transfusion Service

Northern Ireland Building Regulations Advisory Committee

Northern Ireland Council for Integrated Education

Northern Ireland Environment Agency

Northern Ireland Fire and Rescue Service

Northern Ireland Fishery Harbour Authority

Northern Ireland Guardian Ad Litem Agency

Northern Ireland Housing Executive

Northern Ireland Judicial Appointments Commission

Northern Ireland Law Commission

Northern Ireland Legal Services Commission

Northern Ireland Library Authority

Northern Ireland Local Government Officers’ Superannuation Committee

Northern Ireland Medical and Dental Training Agency

Northern Ireland Museums Council

Northern Ireland Policing Board

Northern Ireland Policing Fund

Northern Ireland Practice and Education Council for Nursing and Midwifery

Northern Ireland Prisoner Ombudsman

Northern Ireland Screen

Northern Ireland Social Care Council

Northern Ireland Tourist Board

Northern Ireland, Department for Social Development

Northern Regional College

Patient and Client Council

Planning and Water Appeals Commission

Police Ombudsman Northern Ireland

Police Retraining and Rehabilitation Trust

Public Service Commission for Northern Ireland

Regional Agency for Public Health and Social Well Being

Regional Business Services Organisation

Regional Health and Social Care Board

Revenue Scotland

RUC George Cross Foundation

Scottish Fire and Rescue Service

South Eastern Health and Social Care Trust

South Eastern Regional College

South West College

Southern Health and Social Care Trust

Southern Regional College

Sport NI

Sport Wales

Staff Commission for Education and Library Boards

Statistics Advisory Committee

Stranmillis University College

Strategic Investment Board

The Charity Commission for Northern Ireland

The National Assembly for Wales Commission

The Welsh Revenue Authority

Ulster Supported Employment Limited

Victims and Survivors Service Ltd

Welsh Language Commissioner

Welsh NHS bodies

Western Health and Social Care Trust

Youth Council for Northern Ireland]

Regulation 2(1)

[F4SCHEDULE 1ASPARTIES TO THE GPA

Textual Amendments

  • Armenia

  • Australia

  • Canada

  • European Union

  • Hong Kong, China

  • Iceland

  • Israel

  • Japan

  • Korea, Republic of

  • Liechtenstein

  • Moldova, Republic of

  • Montenegro

  • Netherlands with respect to Aruba

  • New Zealand

  • Norway

  • the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu

  • Singapore

  • Switzerland

  • Ukraine

  • United States]

Regulations 2(1) and 14(1)(a)(i)

SCHEDULE 2SACTIVITIES CONSTITUTING WORKS

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 [F5as that Regulation had effect in EU law immediately before IP completion day], 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. 1CPV Code
SECTION FCONSTRUCTION
DivisionGroupClassSubjectNotes
45Construction

This division includes:

—construction of new buildings and works, restoring and common repairs.

45000000
45.1Site preparation45100000
45.11Demolition 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.

45.12Test 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.

45.2Building of complete constructions or parts thereof; civil engineering45200000
45.21General 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.

45.22Erection of roof covering and frames

This class includes:

—erection of roofs,

—roof covering,

—waterproofing.

45261000
45.23Construction 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.

45.24Construction 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
45.25Other 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

45.3Building installation45300000
45.31Installation of electrical wiring and fittings

This class includes: installation in buildings or other construction projects of:

—electrical wiring and fittings,

— [F6electronic communications networks] ,

—electrical heating systems,

—residential antennas and aerials,

—fire alarms,

—burglar alarm systems,

—lifts and escalators,

—lightning conductors, etc.

45213316
45310000
Except: —
45316000
45.32Insulation 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
45.33Plumbing

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
45.34Other 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
45.4Building completion45400000
45.41Plastering

This class includes:

—application in buildings or other construction projects of interior and exterior plaster or stucco, including related lathing materials.

45410000
45.42Joinery 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

45.43Floor 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
45.44Painting 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
45.45Other 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.

45.5Renting of construction or demolition equipment with operator45500000
45.50Renting of construction or demolition equipment with operator

This class excludes:

—renting of construction or demolition machinery and equipment without operators, see 71.32.

45500000

Textual Amendments

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

SCHEDULE 3SSOCIAL AND OTHER SPECIFIC SERVICES

CPV CodeDescription
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
75300000-9Compulsory 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
98131000-0Religious 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 servicesHotel 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 75231000-4Provision of services to the community
75231210-9 to 75231230-5; 75240000-0 To 75252000-7; 794300000-7; 98113100-9Prison 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)

SCHEDULE 4SLIST OF PRODUCTS RELEVANT TO THRESHOLDS

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)).

Regulation 26B and 87B

[F7SCHEDULE 4ASINTERNATIONAL TRADE AGREEMENTS

Textual Amendments

Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and the Republic of Chile, signed at Santiago on 30th January 2019.

Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation, signed at Bern on 11th February 2019.

Trade and Partnership Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the State of Israel, signed at Tel Aviv on 18th February 2019.

Economic Partnership Agreement between the CARIFORUM States, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, signed in St Lucia on 22nd March 2019.

Trade Agreement between the United Kingdom of Great Britain and Northern Ireland, of the one part, and the Republic of Colombia, the Republic of Ecuador and the Republic of Peru, of the other part, signed at Quito on 15th May 2019.

Agreement Establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed at Managua on 18th July 2019.

Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland, of the one part, and the Republic of Korea, of the other part, signed at London on 22nd August 2019.

Strategic Partnership and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and Georgia, signed at London on 21st October 2019.

Partnership, Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Kosovo, signed at Pristina on 3rd December 2019.

Political, Free Trade and Strategic Partnership Agreement between the United Kingdom of Great Britain and Northern Ireland and Ukraine, signed at London on 8th October 2020.

Agreement between the United Kingdom of Great Britain and Northern Ireland and Japan for a Comprehensive Economic Partnership, signed at Tokyo on 23rd October 2020.

Partnership, Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of North Macedonia, signed at Skopje on 3rd December 2020.

Agreement on Trade Continuity between the United Kingdom of Great Britain and Northern Ireland and Canada, signed at Ottawa on 9th December 2020.

Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Singapore, signed at Singapore on 10th December 2020.

Trade Continuity Agreement between the United Kingdom of Great Britain and Northern Ireland and the United Mexican States, signed at Mexico City on 15th December 2020.

Strategic Partnership, Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Moldova, signed at Chisnau on 24th December 2020.

Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and the Socialist Republic of Viet Nam, signed at London on 29th December 2020.

Partnership, Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Albania, signed at Tirana on 5th February 2021.

Partnership, Trade and Cooperation Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Serbia, signed at Belgrade on 16th April 2021.

[F8Free Trade Agreement between Iceland, the Principality of Liechtenstein and the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland, signed at London on 8th July 2021.]]

Textual Amendments

Regulations 59(5)

F9SCHEDULE 5SPROFESSIONAL AND TRADE REGISTERS ETC.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 97(2)

SCHEDULE 6SCONSEQUENTIAL AND MISCELLANEOUS AMENDMENTS

PART 1SMODIFICATIONS TO PRIMARY LEGISLATION

Late Payment of Commercial Debts (Interest) Act 1998S

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 ”.

Marginal Citations

Procurement Reform (Scotland) Act 2014S

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.

Small Business, Enterprise and Employment Act 2015S

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 ”.

Marginal Citations

PART 2SMODIFICATIONS TO SUBORDINATE LEGISLATION

Bathing Waters (Scotland) Regulations 2008S

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

Cleaner Road Transport Vehicles (Scotland) Regulations 2010S

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

Defence and Security Public Contracts Regulations 2011S

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

Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012S

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

Utilities Contracts (Scotland) Regulations 2012S

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

Energy Efficiency (Eligible Buildings) Regulations 2013S

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

Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013S

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 [F10regulation 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 [F10regulations 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

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).

Energy Savings Opportunity Scheme Regulations 2014S

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.