- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (30/05/2023)
- Gwreiddiol (a wnaed Fel)
Version Superseded: 30/10/2023
Point in time view as at 30/05/2023.
The Utilities Contracts (Scotland) Regulations 2016 is up to date with all changes known to be in force on or before 15 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)
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]
Regulation 2(1)
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(1) [F2as 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. 1 | CPV Code | ||||
---|---|---|---|---|---|
SECTION F | CONSTRUCTION | ||||
Division | Group | Class | Subject | Notes | |
45 | Construction | This division includes:
| 45000000 | ||
45.1 | Site preparation | 45100000 | |||
45.11 | Demolition and wrecking of buildings; earth moving | This class includes:
This class also includes:
| 45110000 | ||
45.12 | Test drilling and boring | This class includes:
This class excludes:
| 45120000 | ||
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:
| 45210000 | ||
Except: | |||||
—45213316 | |||||
45220000 | |||||
45231000 | |||||
45232000 | |||||
This class excludes:
| |||||
45.22 | Erection of roof covering and frames | This class includes:
| 45261000 | ||
45.23 | Construction of highways, roads, airfields and sport facilities | This class includes:
This class excludes:
| 45212212 and DA03 45230000 Except:
| ||
45.24 | Construction of water projects | This class includes:
| 45240000 | ||
45.25 | Other construction work involving special trades | This class includes:
This class excludes:
| 45250000 45262000 | ||
45.3 | Building installation | 45300000 | |||
45.31 | Installation of electrical wiring and fittings | This class includes: installation in buildings or other construction projects of:
| 45213316 45310000 Except:
| ||
45.32 | Insulation work activities | This class includes:
This class excludes:
| 45320000 | ||
45.33 | Plumbing | This class includes:
This class excludes:
| 45330000 | ||
45.34 | Other building installation | This class includes:
| 45234115 45316000 45340000 | ||
45.4 | Building completion | 45400000 | |||
45.41 | Plastering | This class includes:
| 45410000 | ||
45.42 | Joinery installation | This class includes:
This class excludes:
| 45420000 | ||
45.43 | Floor and wall covering | This class includes:
| 45430000 | ||
45.44 | Painting and glazing | This class includes:
This class excludes:
| 45440000 | ||
45.45 | Other building completion | This class includes:
This class excludes:
| 45212212 and DA04 45450000 | ||
45.5 | Renting of construction or demolition equipment with operator | 45500000 | |||
45.50 | Renting of construction or demolition equipment with operator | This class excludes:
| 45500000 |
Textual Amendments
F2Words in sch. 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(60) (with sch. paras. 1-5)
Regulations 15(1)(c),65(9), 88 and 90(11)
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 20(1)(d) |
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 20(1)(i) |
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 41B and 100B
Textual Amendments
F3Sch. 2A inserted (2.7.2021) by The Public Procurement (International Trade Agreements) (Amendment) Regulations 2021 (S.I. 2021/787), regs. 1(1), 6(4)
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.
[F4Free 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
F4Words in sch. 2A inserted (27.6.2022) by The Public Procurement (International Trade Agreements) (Amendment) Regulations 2022 (S.I. 2022/766), regs. 1(1), 6(3) (with reg. 9)
[F5Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and Australia, signed at London on 16th December 2021 and Adelaide on 17th December 2021.]
Textual Amendments
F5Words in sch. 2A inserted (30.5.2023) by The Public Procurement (Miscellaneous Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/124), regs. 2, 5(25) (with reg. 3)
[F5Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and New Zealand, signed at London on 28th February 2022.]
Regulation 110(2)
1.—(1) The Cleaner Road Transport Vehicles (Scotland) Regulations 2010(2) are amended as follows.
(2) In regulation 2(3) (interpretation) in the definition of—
“contracting entity” for “regulation 3 of the Utilities Contracts (Scotland) Regulations 2012” substitute “regulation 4 of the Utilities Contracts (Scotland) Regulations 2016”; and
“operator” for “regulation 11 of the Utilities Contracts (Scotland) Regulations 2012” substitute “regulation 15 of the Utilities Contracts (Scotland) Regulations 2016”.
(3) In regulation 6(1)(b)(4) (enforcement of duties) for “Part 9 of the Utilities Contracts (Scotland) Regulations 2012” substitute “Chapter 2 of Part 5 of the Utilities Contracts (Scotland) Regulations 2016”.
Commencement Information
I3Sch. 3 para. 1 in force at 18.4.2016, see reg. 1(2)
2.—(1) The Defence and Security Regulations are amended as follows.
(2) In regulation 4(d)(5) (contracting authorities) for “regulation 3 of the Utilities Contracts (Scotland) Regulations 2012” substitute “regulation 4 of the Utilities Contracts (Scotland) Regulations 2016”.
(3) In regulation 6(6) (application) for “the Utilities Contracts (Scotland) Regulations 2012”, in each place it occurs, substitute “the Utilities Contracts (Scotland) Regulations 2016”.
Commencement Information
I4Sch. 3 para. 2 in force at 18.4.2016, see reg. 1(2)
3.—(1) The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013(7) is amended as follows.
(2) In paragraph 10 (public procurement) of Schedule 3 (exclusions of section 4(2)(a) and (b) of the Act)—
(a)in sub-paragraph (1)(a) for “regulation 26 of the Utilities Contracts (Scotland) Regulations 2012” substitute “regulation 78 of the Utilities Contracts (Scotland) Regulations 2016”;
(b)in sub-paragraph (1)(b) for “regulation 34 of the Utilities Contracts (Scotland) Regulations 2012” substitute “Chapter 2 of Part 3 of the Utilities Contracts (Scotland) Regulations 2016”;
(c)for sub-paragraph (2) substitute—
“(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)—
(a)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 2012(8); and
(b)to regulation 78 and Chapter 2 of Part 3 of the Utilities Contracts (Scotland) Regulations 2016 are to be read as references to regulations 26 and 34 of the Utilities Contracts (Scotland) Regulations 2012(9)”; and
(d)at the end of sub-paragraph (3) insert—
“(d)regulation 111(2) of the Utilities Contracts (Scotland) Regulations 2016.”.
Commencement Information
I5Sch. 3 para. 3 in force at 18.4.2016, see reg. 1(2)
OJ 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 2 amended by S.S.I. 2012/88, schedule 7(B), paragraph 1 and S.S.I. 2012/89, schedule 5(B), paragraph 1.
Regulation 6(1)(b) amended by S.S.I. 2012/89, schedule 5(B), paragraph 1.
Regulation 4(d) amended by S.S.I. 2012/89, schedule 5(B), paragraph 1.
Regulation 6 amended by S.S.I. 2012/88, schedule 7(B), paragraph 1; S.S.I. 2012/89, schedule 5(B), paragraph 1; and S.I. 2015/102, schedule 6(2), paragraph 19(5).
S.S.I. 2012/88, repealed by regulation 97 of the Public Contracts (Scotland) Regulations 2015, S.S.I. 2015/446, subject to the savings and transitional provisions in regulation 98 of those Regulations.
S.S.I. 2012/89, repealed by regulation 110 of these Regulations subject to the savings and transitional provisions in regulation 111 of these Regulations.
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