92.—(1) A utility that intends to carry out a design contest must call for competition by means of a contest notice which includes the information set out in Annex XIX to the Utilities Contracts Directive [F1, but as if, in paragraph 15, “date of dispatch” were a reference to the date on which the notice is submitted to the UK e-notification service for the purposes of these Regulations].
(2) Where a utility intends to award a subsequent service contract under regulation 48(4)(f) (use of the negotiated procedure without prior call for competition) this must be indicated in the contest notice.
(3) A utility that has held a design contest must—
(a)make the results known by means of a notice which must include the information set out in Annex XX to the Utilities Contracts Directive [F2, but as if, in paragraph 11, “date of dispatch” were a reference to the date on which the notice is submitted to the UK e-notification service for the purposes of these Regulations]; and
(b)[F3submit] such notice to the [F4UK e-notification service] within 30 days of the closure of the design contest.
(4) A utility may withhold from publication information on the result of the contest where the release of the information—
(a)would impede law enforcement or otherwise be contrary to the public interest;
(b)would prejudice the commercial interests of any person; or
(c)might prejudice fair competition between economic operators.
(5) The utility must [F5submit] the notices referred to in this regulation for publication in accordance with regulation 69 ([F6publication on the UK e-notification service]).
Textual Amendments
F1Words in reg. 92(1) inserted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(52)(a) (with sch. paras. 1-5)
F2Words in reg. 92(3)(a) inserted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(52)(b)(i) (with sch. paras. 1-5)
F3Word in reg. 92(3)(b) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(52)(b)(ii)(aa) (with sch. paras. 1-5)
F4Words in reg. 92(3)(b) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(52)(b)(ii)(bb) (with sch. paras. 1-5)
F5Word in reg. 92(5) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(52)(c)(i) (with sch. paras. 1-5)
F6Words in reg. 92(5) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(52)(c)(ii) (with sch. paras. 1-5)
Modifications etc. (not altering text)
C1Pt. 3 Ch. 2 modified (18.4.2016) by S.S.I. 2013/50, Sch. 3 para. 10(2)(b) (as substituted by The Utilities Contracts (Scotland) Regulations 2016 (S.S.I. 2016/49), reg. 1, sch. 3 para. 3(2)(b))
Commencement Information
