The Utilities Contracts (Scotland) Regulations 2016

Scottish Statutory Instruments

2016 No. 49

Public Procurement

The Utilities Contracts (Scotland) Regulations 2016

Made

26th January 2016

Laid before the Scottish Parliament

28th January 2016

Coming into force in accordance with regulation 1

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972(1) and all other powers enabling them to do so.

These Regulations make provision for a purpose mentioned in that section and it appears to the Scottish Ministers that it is expedient for the following EU instruments to be construed as references to those EU instruments or provisions of those EU Instruments (as appropriate) as amended from time to time where they are expressly mentioned as such in these Regulations—

(a) Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(2);

(b) Directive 1999/93/EC of the European Parliament and of the Council on a Community framework for electronic signatures(3);

(c) Regulation (EC) No. 2195/2002 of the European Parliament and of the Council on the Common Procurement Vocabulary(4);

(d) Directive 2004/39/EC of the European Parliament and of the Council on markets in financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC (5);

(e) Commission Decision 2009/767/EC setting out measures facilitating the use of procedures by electronic means through the points of single contact under Directive 2006/123/EC of the European Parliament and of the Council on services in the internal market (notified under document C(2009) 7806)(6);

(f) Commission Decision 2011/130/EU establishing minimum requirements for the cross-border processing of documents signed electronically by competent authorities under Directive 2006/123/EC of the European Parliament and of the Council on services in the internal market (notified under document C(2011) 1081)(7);

(g) Regulation (EU) No 305/2011 of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (8);

(h) Regulation (EU) No 1025/2012 of the European Parliament and of the Council on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council(9);

(i) Directive 2010/13/EU of the European Parliament and of the Council on the coordination of certain provisions laid down by law, regulation or administrative action in member States concerning the provision of audio-visual media services(10); and

(j) Directive 2014/25/EU of the European Parliament and of the Council on procurement entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (11),

and they are to be construed accordingly.

(1)

1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46) (“the 1998 Act”), Schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7) (“2008 Act”), section 3(3) and Schedule, Part 1. The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. Paragraph 1A of Schedule 2 was inserted by the 2006 Act, section 28 and was amended by the 2008 Act, Schedule, Part 1.

(2)

OJ L 302, 19.10.1992, p.1; last amended by Council Regulation (EU) No 517/2013 (OJ L 158, 10.6.2013, p.1).

(3)

OJ L 13, 19.1.2000, p.12, amended by Regulation (EC) No 1137/2008 (OJ L 311, 21.11.2008, p.1).

(4)

OJ L 340, 16.12.2002, p.1.

(5)

OJ L 145, 30.4.2004, p.1.

(6)

OJ L 274, 20.10.2009, p.36, last amended by Commission Decision 2013/662/EU (OJ L 306, 16.11.2013, p.21).

(7)

OJ L 53, 26.2.2011, p.66.

(8)

OJ L 88, 4.4.2011, p.5; last amended by Council Delegated Regulation (EU) No 574/2004 (OJ L 159, 28.5.2014, p.41).

(9)

OJ L 316, 14.11.2012, p.1.

(10)

OJ L 95, 15.4.2010, p.1.

(11)

OJ L 94, 28.3.2014, p.243.