- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (30/10/2023)
- Gwreiddiol (a wnaed Fel)
Version Superseded: 20/03/2024
Point in time view as at 30/10/2023.
The Concession Contracts (Scotland) Regulations 2016 is up to date with all changes known to be in force on or before 19 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)
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) [F1as 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:
This class excludes:
| 45210000 Except: —45213316 45220000 45231000 45232000 | ||
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: — 45316000 | ||
45.32 | Insulation work activities | This class includes:
This class excludes:
| 45320000 | ||
45.33 | Plumbing | This class includes:
| 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
F1Words 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), 8(32) (with sch. paras. 1-5)
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
[F3North Macedonia, Republic of]
Norway
the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu
Singapore
Switzerland
Ukraine
United States]
Textual Amendments
F3Words in sch. 1A inserted (30.10.2023) by The Public Procurement (Agreement on Government Procurement) (Miscellaneous Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/287), regs. 1(2), 4(3)
Regulations 2(1), 4, 5(1), 9(1)(b),15(1), 16, 22(6), 23(2), 24(1),25(1), 46(1)(c)(iii)
The provisions of these Regulations governing concession contracts awarded by utilities (referred to in this Schedule as “the relevant provisions”) shall apply to the following activities.
1.—(1) In the case of gas and heat, the relevant provisions shall 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 referred to in regulation 5(1)(b) or (c) (meaning of “utility”) of gas or heat to fixed networks which provide a service to the public do not fall within the scope of this Schedule if all of the following conditions are met—
(a)the production of gas or heat by that utility is the unavoidable consequence of carrying out an activity other than those referred to in this paragraph or in paragraphs 2 or 3;
(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 that utility’s turnover on the basis of the average for the preceding three years, including the current year.
(3) In this paragraph, “supply” includes the generation/production, wholesale and retail sale of gas, other than the production of gas in the form of extraction which, instead, falls within the scope of paragraph 6.
Commencement Information
I2Sch. 2 para. 1 in force at 18.4.2016, see reg. 1(2)
2.—(1) In the case of electricity, the relevant provisions shall 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 referred to in regulation 5(1)(b) or (c) (meaning of “utility”) of electricity to fixed networks which provide a service to the public shall not fall within the scope of this Schedule if all of the following conditions are met—
(a)the production of electricity by that utility takes place because its consumption is necessary for carrying out an activity other than those referred to in this paragraph or paragraphs 1 or 3;
(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, on the basis of the average for the preceding three years, including the current year.
(3) In this paragraph, “supply” includes generation/production, wholesale and retail sale of electricity.
Commencement Information
I3Sch. 2 para. 2 in force at 18.4.2016, see reg. 1(2)
3.—(1) The relevant provisions shall 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 this paragraph, a network shall be considered to exist if 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
I4Sch. 2 para. 3 in force at 18.4.2016, see reg. 1(2)
4. The relevant provisions shall apply to activities relating to the exploitation of a geographical area for the purpose of the provision of airports and maritime or inland ports or other terminal facilities to carriers by air, sea or inland waterway.
Commencement Information
I5Sch. 2 para. 4 in force at 18.4.2016, see reg. 1(2)
5.—(1) The relevant provisions shall apply to activities relating to the provision of—
(a)postal services;
(b)services other than postal services, on condition that such services are provided by an entity which also provides postal services and provided that the postal services are not directly exposed to competition within the meaning of regulation 33(2) of the Utilities Contracts (Scotland) Regulations 2016.
(2) In this paragraph—
(a)“postal item” means an item addressed in the final form in which it is to be carried, irrespective of weight, which includes—
(i)correspondence;
(ii)books;
(iii)catalogues;
(iv)newspapers;
(v)periodicals; and
(vi)postal packages containing merchandise with or without commercial value;
(b)“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(2);
(c)“services other than postal services” means services provided in the following areas—
(i)mail service management services (services both preceding and subsequent to despatch, including mailroom management services),
(ii)services concerning postal items not included in the definition of “postal item” in paragraph (a), such as direct mail bearing no address.
Commencement Information
I6Sch. 2 para. 5 in force at 18.4.2016, see reg. 1(2)
6. The relevant provisions shall apply to activities relating to the exploitation of a geographical area for the purpose of—
(a)extracting oil or gas;
(b)exploring for, or extracting, coal or other solid fuels.
Commencement Information
I7Sch. 2 para. 6 in force at 18.4.2016, see reg. 1(2)
Regulations 5(1)(c), 9(2), 21, 22(2), 26(3), 33, 34
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 12(1)(e) |
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 12(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 |
Regulations 28(5) and 40(9)
ILO Convention 87 on Freedom of Association and Protection of the Right to Organise;
ILO Convention 98 on the Right to Organise and Collective Bargaining;
ILO Convention 29 on Forced Labour;
ILO Convention 105 on Abolition of Forced Labour;
ILO Convention 138 on Minimum Age;
ILO Convention 111 on Discrimination (Employment and Occupation);
ILO Convention 100 on Equal Remuneration;
ILO Convention 182 on Worst Forms of Child Labour;
Vienna Convention for the protection of the Ozone Layer and Montreal Protocol on substances that deplete the Ozone Layer;
Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention);
Stockholm Convention on Persistant Organic Pollutants (Stockholm POPs Convention);
Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (UNEP/FAO) (PIC Convention) and its 3 regional Protocols.
Regulation 51B
Textual Amendments
F4Sch. 5 inserted (2.7.2021) by The Public Procurement (International Trade Agreements) (Amendment) Regulations 2021 (S.I. 2021/787), regs. 1(1), 7(3)
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.
[F5Free 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
F5Words in sch. 5 inserted (27.6.2022) by The Public Procurement (International Trade Agreements) (Amendment) Regulations 2022 (S.I. 2022/766), regs. 1(1), 7(2) (with reg. 9)
[F6Free 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
F6Words in sch. 5 inserted (30.5.2023) by The Public Procurement (Miscellaneous Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/124), regs. 2, 6(4) (with reg. 3)
[F6Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and New Zealand, signed at London on 28th February 2022.]]
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).
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