The Utilities Contracts (Scotland) Regulations 2016

CHAPTER 2 S ACTIVITIES

Common Provisions S

7.—(1) For the purposes of regulations 8 (gas and heat), 9 (electricity) and 10 (water), “supply” includes—

(a) generation;

(b) production, with the exception of the production of gas in the form of extraction; and

(c) wholesale and retail sale.

(2) For the purposes of regulation 14 (extraction of oil and gas and exploration for, or extraction of, coal or other solid fuels) “supply” includes production of gas in the form of extraction.

Commencement Information

I1 Reg. 7 in force at 18.4.2016, see reg. 1(2)

Gas and heat S

8.—(1) In the case of gas and heat, these Regulations apply to the following activities—

(a) the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of gas or heat;

(b) the supply of gas or heat to such networks.

(2) The supply, by a utility which is not a contracting authority, of gas or heat to fixed networks which provide a service to the public shall not be considered an activity within the meaning of paragraph (1) where—

(a) the production of gas or heat by that utility is the unavoidable consequence of carrying out an activity other than one referred to in paragraph (1) or in regulations 9 to 11; and

(b) the supply to the public network is aimed only at the economic exploitation of such production and amounts to not more than 20% of the utility’s turnover, calculated on the basis of the average for the preceding 3 years, including the current year.

Commencement Information

I2 Reg. 8 in force at 18.4.2016, see reg. 1(2)

Electricity S

9.—(1) In the case of electricity, these Regulations apply to the following activities—

(a) the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of electricity;

(b) the supply of electricity to such networks.

(2) The supply, by a utility other than one which is a contracting authority, of electricity to fixed networks which provide a service to the public shall not be considered an activity within the meaning of paragraph (1) where—

(a) the production of electricity by that utility takes place because its consumption is necessary for carrying out an activity other than one referred to in paragraph (1) or regulations 8 (gas and heat), 10 (water) or 11 (transport services); and

(b) the supply to the public network depends only on that utility’s own consumption and has not exceeded 30% of that utility’s total production of energy, calculated on the basis of the average for the preceding 3 years, including the current year.

Commencement Information

I3 Reg. 9 in force at 18.4.2016, see reg. 1(2)

Water S

10.—(1) In the case of water, these Regulations apply to the following activities—

(a) the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of drinking water;

(b) the supply of drinking water to such networks.

(2) These Regulations also apply to procurement for the award of a contract or design contest by a utility which pursues an activity referred to in paragraph (1) and which is connected with any of the following—

(a) hydraulic engineering projects, irrigation or land drainage, provided that the volume of water to be used for the supply of drinking water represents more than 20% of the total volume of water made available by such projects or irrigation or drainage installations;

(b) the disposal or treatment of sewage.

(3) The supply, by a utility other than one which is a contracting authority, of drinking water to fixed networks which provide a service to the public shall not be considered an activity within the meaning of paragraph (1) where—

(a) the production of drinking water by that utility takes place because its consumption is necessary for carrying out an activity other than one referred to in paragraph (1) or (2) or regulation 8, 9 or 11; and

(b) the supply to the public network depends only on that utility’s own consumption and has not exceeded 30% of that utility’s total production of drinking water, on the basis of the average for the preceding 3 years, including the current year.

Commencement Information

I4 Reg. 10 in force at 18.4.2016, see reg. 1(2)

Transport services S

11.—(1) These Regulations apply to activities relating to the provision or operation of networks providing a service to the public in the field of transport by—

(a) railway;

(b) automated systems;

(c) tramway;

(d) trolley bus;

(e) bus; or

(f) cable.

(2) For the purposes of paragraph (1), a network shall be considered to exist where the service is provided under operating conditions laid down by a competent authority, such as—

(a) conditions on the routes to be served;

(b) the capacity to be made available; or

(c) the frequency of the service.

Commencement Information

I5 Reg. 11 in force at 18.4.2016, see reg. 1(2)

Ports and airports S

12.  These Regulations apply to activities relating to the exploitation of a geographical area for the purpose of the provision of any of the following—

(a) airports;

(b) maritime ports;

(c) inland ports;

(d) other terminal facilities to carriers by air, sea or inland waterway.

Commencement Information

I6 Reg. 12 in force at 18.4.2016, see reg. 1(2)

Postal services S

13.—(1) These Regulations apply to activities relating to the provision of any of the following—

(a) postal services;

(b) services other than postal services, on condition that such services are provided by an entity which also provides postal services which are not directly exposed to competition within the meaning of regulation 32(2) (activities directly exposed to competition).

(2) In this regulation—

“postal item” means an item addressed in the final form in which it is to be carried, irrespective of weight, which includes—

(a)

correspondence;

(b)

books;

(c)

catalogues;

(d)

newspapers;

(e)

periodicals; and

(f)

postal packages containing merchandise with or without commercial value;

“postal services” means services consisting of the clearance, sorting, routing and delivery of postal items, including both services falling within as well as services falling outside the scope of the universal service set up in accordance with the Postal Services Act 2011(1); and

“services other than postal services” means services provided in the following areas—

(a)

mail service management services (services both preceding and subsequent to despatch, including mailroom management services);

(b)

services concerning items for post not included in the definition of “postal item” in this paragraph, such as direct mail bearing no address.

Commencement Information

I7 Reg. 13 in force at 18.4.2016, see reg. 1(2)

Extraction of oil and gas and exploration for, or extraction of, coal or other solid fuels S

14.  These Regulations apply to activities relating to the exploitation of a geographical area for the purpose of—

(a) extracting oil or gas;

(b) extracting coal or other solid fuels;

(c) exploring for coal or other solid fuels.

Commencement Information

I8 Reg. 14 in force at 18.4.2016, see reg. 1(2)

(1)

2011 c.5.