The Utilities Supply and Works Contracts Regulations 1992

regulation 6

SCHEDULE 1 UTILITIES AND ACTIVITIES

Utility	Activity
In this Schedule— “local authority” means an authority in England and Wales, in Scotland or in Northern Ireland referred to in paragraphs (2) to (4) respectively of regulation 3 of the Public Works Contracts Regulations 1991(21); “network”, in relation to a service in the field of transport, means a system operated in accordance with conditions laid down by or under the law in any part of the United Kingdom including such conditions as the routes to be served, the capacity to be made available and the frequency of the service; “public authority” means a contracting authority within the meaning of regulation 3(1) of the Public Works Contracts Regulations 1991(21); “public telecommunications network” has the meaning ascribed to it by regulation 2(1); “public telecommunications services” has the meaning ascribed to it by regulation 2(1); “public undertaking” means a person over whom one or more public authorities are able to exercise directly or indirectly a dominant influence by virtue of— (a) their ownership of it, (b) their financial participation in it, or (c) the rights accorded to them by the rules which govern it; and in particular a public authority shall be considered to be able to exercise a dominant influence over a person when it directly or indirectly— (d) possesses the majority of the issued share capital of that person or controls the voting power attached to such majority, or (e) may appoint more than half of the individuals who are ultimately responsible for managing that person’s affairs, more than half its members or, in the case of a group of individuals, more than half of those individuals; “relevant person” means a person who is— (a) a public authority, (b) a public undertaking, or (c) not a public authority or a public undertaking and has as one of its activities an activity specified in the second column of this Schedule other than an activity specified in paragraphs 2 or 3 thereof and carries out that activity on the basis of a special or exclusive right; and “special or exclusive right” means a right deriving from authorisations granted by a competent authority when the requirement for the authorisation has the effect of reserving for one or more persons the exploitation of an activity specified to in the second column of this Schedule, and in particular a person shall be considered to enjoy a special or exclusive right where for the purpose of constructing a network or facilities referred to in the second column of this Schedule it may take advantage of a procedure for the expropriation or use of property or may place network equipment on, under or over a highway.
PART A
A company holding an appointment as a water undertaker under the Water Industry Act 1991(1). A water authority as defined in section 3(1) of the Water (Scotland) Act 1980(2) The Department of the Environment for Northern Ireland.	1.  The provision or operation of a fixed network which provides or will provide a service to the public in connection with the production, transport or distribution of drinking water. 2.  Hydraulic engineering, irrigation or land drainage, but only if more than 20% of the total volume of water made available by such activity is intended for the supply of drinking water. 3.  The disposal or treatment of sewage.
PART B
A relevant person not specified in Part C. Any other person not specified in Part C who supplies drinking water to a network which is referred to in paragraph 1 above and which is provided or operated by a person specified in Part A.	4.  The supply of drinking water to a network referred to in paragraph 1 above.
PART C
A relevant person other than a public authority who produces drinking water because its consumption is necessary for the purpose of carrying out an activity not specified in the second column of this Schedule and who supplies only the excess to a network which is referred to in paragraph 1 above. Any other person who is not a public authority, who produces drinking water because its consumption is necessary for the purpose of carrying out an activity not specified in the second column of this Schedule and who supplies only the excess to a network which is referred to in paragraph 1 above and which is provided or operated by a person specified in Part A.	5.  The supply of drinking water to a network referred to in paragraph 1 above but only if the drinking water supplied in the period of 36 months ending at the relevant time as defined in regulation 9(16) above has exceeded 30% of the total produced by the utility in that period.
PART D
A person licensed under section 6 of the Electricity Act 1989(3). A person licensed under article 10(1) of the Electricity (Northern Ireland) Order 1992(4).	6.  The provision or operation of a fixed network which provides or will provide a service to the public in connection with the production, transport or distribution of electricity.
PART E
A relevant person not specified in Part F. Any other person not specified in Part F who supplies electricity to a network which is referred to in paragraph 6 above and which is provided or operated by a person specified in Part D.	7.  The supply of electricity to a network referred to in paragraph 6 above.
PART F
A relevant person other than a public authority who produces electricity because its use is necessary for the purpose of carrying out an activity not specified in the second column of this Schedule and who supplies only the excess to a network referred to in paragraph 6 above. Any other person who is not a public authority, who produces electricity because its use is necessary for the purpose of carrying out an activity not specified in the second column of this Schedule and who supplies only the excess to a network which is referred to in paragraph 6 above and which is provided or operated by a person specified in Part D.	8.  The supply of electricity to a network referred to in paragraph 6 above but only if the electricity supplied in the period of 36 months ending at the relevant time as defined in regulation 9(16) above has exceeded 30% of the total produced by the utility in that period.
PART G
A public gas supplier as defined in section 7(1) of the Gas Act 1986(5) A person declared to be an undertaker for the supply of gas under article 14(1) of the Gas (Northern Ireland) Order 1977(6).	9.  The provision or operation of a fixed network which provides or will provide a service to the public in connection with the production, transport or distribution of gas.
PART H
A relevant person not specified in Part I. Any other person not specified in Part I who supplies gas to a network which is referred to in paragraph 9 above and which is provided or operated by a person specified in Part G.	10.  The supply of gas to a network referred to in paragraph 9 above.
PART I
A relevant person other than a public authority who produces gas only as the unavoidable consequence of carrying out an activity not specified in the second column of this Schedule and who supplies gas for the sole purpose of the economic exploitation of the production to a network referred to in paragraph 9 above. Any other person who is not a public authority, who produces gas only as the unavoidable consequence of carrying out an activity not specified in the second column of this Schedule and who supplies gas for the sole purpose of the economic exploitation of the production to a network which is referred to in paragraph 9 above and which is provided or operated by a person specified in Part G.	11.  The supply of gas to a network referred to in paragraph 9 above but only if the total consideration payable in the period of 36 months ending at the relevant time as defined in regulation 9(16) above on account of such supply has exceeded 20% of the total turnover of the utility in that period.
PART J
A local authority. A person licensed under section 6(1)(a) of the Electricity Act 1989(7) whose licence includes the provisions referred to in section 10(3) of that Act. The Northern Ireland Housing Executive.	12.  The provision or operation of a fixed network which provides or will provide a service to the public in connection with the production, transport or distribution of heat.
PART K
A relevant person not specified in Part L. Any other person not specified in Part L who supplies heat to a network which is referred to in paragraph 12 above and which is provided or operated by a person specified in Part J.	13.  The supply of heat to a network referred to in paragraph 12 above.
PART L
A relevant person other than a public authority who produces heat as the unavoidable consequence of carrying out an activity not specified in the second column of this Schedule and who supplies heat for the sole purpose of the economic exploitation of the production to a network referred to in paragraph 12 above. Any other person who is not a public authority, who produces heat only as the unavoidable consequence of carrying out an activity not specified in the second column of this Schedule and who supplies heat for the sole purpose of the economic exploitation of the production to a network which is referred to in paragraph 12 above and which is provided or operated by a person specified in Part J.	14.  The supply of heat to a network referred to in paragraph 12 above but only if the total consideration payable in the 36 months ending at the relevant time as defined in regulation 9(16) above on account of such supply has exceeded 20% of the total turnover of the utility in that period.
PART M
A person licensed under the Petroleum (Production)Act 1934(8) A person licensed under the Petroleum (Production) Act (Northern Ireland) 1964(9).	15.  The exploitation of a geographical area for the purpose of exploring for or extracting oil or gas.
PART N
The British Coal Corporation. A person licensed by the British Coal Corporation under the Coal Industry (Nationalisation) Act 1946(10). The Department of Economic Development (Northern Ireland). A person who holds a prospecting licence, a mining lease, a mining licence or a mining permission as defined by section 57(1) of the Mineral Development Act (Northern Ireland) 1969(11).	16.  The exploitation of a geographical area for the purposes of exploring for or extracting coal or other solid fuels.
PART O
A local authority. An airport operator within the meaning of the Airports Act 1986(12) who has the management of an airport subject to economic regulation under Part IV of that Act. Highland and Islands Airports Limited. A subsidiary of the Northern Ireland Transport Holding Company within the meaning of the Aerodromes Act (Northern Ireland) 1971(13). An aerodrome undertaking within the meaning of the Aerodromes Act (Northern Ireland) 1971. Any other relevant person.	17.  The exploitation of a geographical area for the purpose of providing airport or other terminal facilities to carriers by air.
PART P
A harbour authority within the meaning of section 57 of the Harbours Act 1964(14). British Waterways Board. A local authority. A harbour authority as defined by section 38(1) of the Harbours Act (Northern Ireland) 1970(15). Any other relevant person.	18.  The exploitation of a geographical area for the purpose of providing maritime or inland port or other terminal facilities to carriers by sea or inland waterway.
PART Q
British Railways Board. A subsidiary of British Railways Board within the meaning of section 25 of the Transport Act 1962(16). Eurotunnel plc. Northern Ireland Transport Holding Company. Northern Ireland Railways Company Limited. London Regional Transport. London Underground Limited. Docklands Light Railway Limited. Strathclyde Passenger Transport Executive. Greater Manchester Passenger Transport Executive. Greater Manchester Metro Limited. Tyne and Wear Passenger Transport Executive. Brighton Borough Council. South Yorkshire Passenger Transport Executive. South Yorkshire Supertram (No.2) Limited. Any other relevant person.	19.  The operation of a network providing a service to the public in the field of transport by railway.
PART R
Greater Manchester Passenger Transport Executive. Greater Manchester Metro Limited. Blackpool Transport Services Limited. Aberconwy Borough Council. South Yorkshire Passenger Transport Executive. South Yorkshire Supertram (No.2) Limited. Any other relevant person.	20.  The operation of a network providing a service to the public in the field of transport by automated systems, tramway, trolleybus, or cable.
PART S
London Regional Transport. A subsidiary of London Regional Transport within the meaning of section 36 of the Transport Act 1985(17). A person who provides a London bus service as defined in section 34(2)(b) of the Transport Act 1985 in pursuance of an agreement entered into by London Regional Transport by virtue of section 3(2) of the London Regional Transport Act 1984(18). Northern Ireland Transport Holding Company. A person who holds a road service licence under section 4(1) of the Transport Act (Northern Ireland) 1967(19) which authorises him to provide a regular service within the meaning of that licence. Any other relevant person.	21.  The operation of a network providing a service to the public in the field of transport by bus in a geographical area in which other persons are not free to provide the service under the same conditions as the utility.
PART T
A public telecommunications operator under the Telecommunications Act 1984(20).	22.  The provision or operation of a public telecommunications network. 23.  The provision of one or more public telecommunications services.

regulation 7

SCHEDULE 2 EXCLUDED PUBLIC TELECOMMUNICATIONS SERVICES

Utility	Services
In this Schedule— “basic data transmission services” means telecommunications services consisting of the conveyance of messages other than two-way live speech telephone calls, including only such switching, processing, data storage or protocol conversion as is necessary for the conveyance of those messages in real time; “basic voice telephony services” means telecommunications services consisting of the conveyance of messages in the form of two-way live speech telephone calls, including only such switching, processing, data storage or protocol conversion as is necessary for the conveyance of those messages in real time; “maritime services” means two-way telecommunications services including voice telephony and data transmission services consisting of the transmission and reception of messages conveyed between seagoing vessels and hovercraft; “private leased circuit” means a communication facility which is— (a) provided by one or more public telecommunications networks, (b) for the conveyance of messages between points, all of which are points of connection between public telecommunications networks and other telecommunications networks, (c) made available to a particular person or particular persons, (d) such that all of the messages transmitted at any of the points referred to in subparagraph (b) above are received at every other such point, and (e) such that the points mentioned in subparagraph (a) above are fixed by the way in which the facility is installed and cannot otherwise be selected by persons or telecommunications apparatus sending messages by means of the facility; “public telecommunications networks” and “public telecommunications services” have the meanings ascribed to them by regulation 2(1); and “public telecommunications operator” has the meaning given by section 9(3) of the Telecommunications Act 1984.
PART A
Public telecommunications operators under the Telecommunications Act 1984(22) other than British Telecommunications plc and Kingston Communications (Hull) plc.	1.  All public telecommunications services.
PART B
British Telecommunications plc. Kingston Communications (Hull) plc.	2.  All public telecommunications services, other than the following services when they are provided within the geographical area for which the provider is licensed as a public telecommunications operator: basic voice telephony services, basic data transmission services, the provision of private leased circuits and maritime services.

Regulation 2(1)

SCHEDULE 3 ACTIVITIES CONSTITUTING WORKS

Classes	Groups	Subgroups and items	Descriptions
50			BUILDING AND CIVIL ENGINEERING
	500		General building and civil engineering work (without any particular specialisation) and demolition work
		500.1	General building and civil engineering work (without any particular specialisation)
		500.2	Demolition work
	501		Construction of flats, office blocks, hospitals and other buildings, both residential and non-residential
		501.1	General building contractors
		501.2	Roofing
		501.3	Construction of chimneys, kilns and furnaces
		501.4	Waterproofing and damp-proofing
		501.5	Restoration and maintenance of outside walls (repainting, cleaning, etc.)
		501.6	Erection and dismantlement of scaffolding
		501.7	Other specialised activities relating to construction work (including carpentry)
	502		Civil engineering: construction of roads, bridges, railways, etc.
		502.1	General civil engineering work
		502.2	Earth-moving (navvying)
		502.3	Construction of bridges, tunnels and shafts, drilling
		502.4	Hydraulic engineering (rivers, canals, harbours, flows, locks and dams)
		502.5	Road-building (including specialised construction of airports and runways)
		502.6	Specialised construction work relating to water (i.e. to irrigation, land drainage, water supply, sewage disposal, sewerage, etc.)
		502.7	Specialised activities in other areas of civil engineering
	503		Installation (fittings and fixtures)
		503.1	General installation work
		503.2	Gas fitting and plumbing, and the installation of sanitary equipment
		503.3	Installation of heating and ventilating apparatus (central heating, air conditioning, ventilation)
		503.4	Sound and heat insulation, insulation against vibration
		503.5	Electrical fittings
		503.6	Installation of aerials, lightning conductors, telephones, etc.
	504		Building completion work
		504.1	General building completion work
		504.2	Plastering
		504.3	Joinery, primarily engaged in on the site assembly and/or installation (including the laying of parquet flooring)
		504.4	Painting, glazing, paper hanging
		504.5	Tiling and otherwise covering floors and walls
		504.6	Other building completion work (putting in fireplaces, etc.)

Regulations 13(1), 14(2)(b), 17(12) and 22(1)

SCHEDULE 4 FORMS OF NOTICES FOR PUBLICATION IN THE OFFICIAL JOURNAL

PART A PERIODIC INDICATIVE NOTICE

For supply contracts:

A.—1. The name, address and telephone, telegraphic, telex and facsimile numbers of the utility and of the service from which additional information may be obtained.

2. For each type of goods or services the total quantity or value to be supplied under the contract(s).

3. (a) Estimated date of the commencement of the procedures leading to the award of the contract(s) (if known).

(b) Type of award procedure to be used.

4. Other information (for example, indicate if a call for competition will be published later).

5. Date of despatch of the notice.

For works contracts

B.—1. The name, address and telephone, telegraphic, telex and facsimile numbers of the utility.

2. (a) The site.

(b) The nature and extent of the services to be provided, the main characteristics of the work or where relevant of any lots by reference to the work.

(c) An estimate of the cost of the service to be provided.

3. (a) Type of award procedure to be used.

(b) Estimated date for initiating the award procedures in respect of the contract or contracts.

(c) Estimated date for the start of the work.

(d) Estimated time-table for completion of the work.

4. Terms of financing of the work and of price revision.

5. Other information (for example, indicate if a call for competition will be published later).

6. Date of despatch of the notice.

PART B OPEN PROCEDURES NOTICE

1.  The name, address and telephone, telegraphic, telex and facsimile numbers of the utility.

2.  Nature of the contract (supply or works; where applicable, state if it is a framework agreement(23))

3.—(a) Place of delivery, or site.

(b) Nature and quantity of the goods to be supplied; or the nature and extent of the services to be provided and general nature of the work.

(c) Indication of whether the suppliers can tender for some and/or all of the goods required. If, for works contracts, the work or the contract is subdivided into several lots, the size of the different lots and the possibility of tendering for one, for several or for all of the lots.

(d) Authorisation to submit variants.

(e) For works contracts: information concerning the purpose of the work or the contract where the latter also involves the drawing up of projects.

4.  Derogation from the use of European specifications, in accordance with regulation 11(4).

5.  Time limits for delivery or completion.

6.—(a) Name and address from which the contract documents and additional documents may be requested.

(b) Where applicable, the amount and terms of payment of the sum to be paid to obtain such documents.

7.—(a) The final date for receipt of tenders.

(b) The address to which they must be sent.

(c) The language or languages in which they must be drawn up.

8.—(a) Where applicable, the persons authorised to be present at the opening of tenders.

(b) The date, hour and place of such opening.

9.  Any deposits and guarantees required.

10.  Main terms concerning financing and payment and/or reference to the provisions in which these are contained.

11.  Where applicable, the legal form to be taken by the grouping of suppliers or contractors to whom the contract is awarded.

12.  Minimum standards of economic and financial standing and technical capacity required of the supplier or contractor to whom the contract is awarded.

13.  Period during which the tenderer is bound to keep open his tender.

14.  The criteria for the award of the contract. Criteria other than that of the lowest price shall be mentioned where they do not appear in the contract documents.

15.  Other information.

16.  Where applicable, the date of publication in the Official Journal of the European Communities of the periodic indicative notice which refers to the contract.

17.  Date of despatch of the notice.

PART C RESTRICTED PROCEDURES NOTICE

1.  The name, address and telephone, telegraphic, telex and facsimile numbers of the utility.

2.  Nature of the contract (supply or works; where applicable, state if it is a framework agreement(24)).

3.—(a) Place of delivery, or site.

(b) Nature and quantity of the goods to be supplied; or the nature and extent of the services to be provided and general nature of the work.

(c) Indication of whether the suppliers can tender for some and/or all of the goods required. If, for works contracts, the work or the contract is subdivided into several lots, the size of the different lots and the possibility of tendering for one, for several or for all of the lots.

(d) Authorisation to submit variants.

(e) For works contracts: information concerning the purpose of the work or the contract where the latter also involves the drawing up of projects.

4.  Derogation from the use of European specifications, in accordance with regulation 11(4).

5.  Time limits for delivery or completion.

6.  Where applicable, the legal form to be taken by the grouping of suppliers or contractors to whom the contract is awarded.

7.—(a) The final date for receipt of requests to participate.

(b) The address to which they must be sent.

(c) The language or languages in which they must be drawn up.

8.  The final date for despatch of invitations to tender.

9.  Any deposits and guarantees required.

10.  Main terms concerning financing and payment and/or reference to the provisions in which these are contained.

11.  Information concerning the supplier’s or contractor’s personal position and minimum standards of economic and financial standing and technical capacity required of the supplier or contractor to whom the contract is awarded.

12.  The criteria for the award of the contract where they are not mentioned in the invitation to tender.

13.  Other information.

14.  Where applicable, the date of publication in the Official Journal of the European Communities of the periodic indicative notice which refers to the contract.

15.  Date of despatch of the notice.

PART D NEGOTIATED PROCEDURES NOTICE

1.  The name, address and telephone, telegraphic, telex and facsimile numbers of the utility.

2.  Nature of the contract (supply or works; where applicable, state if it is a framework agreement(25)).

3.—(a) Place of delivery, or site.

(b) Nature and quantity of the goods to be supplied; or the nature and extent of the services to be provided and general nature of the work.

(c) Indication of whether the suppliers can tender for some and/or all of the goods required. If, for works contracts, the work or the contract is subdivided into several lots, the size of the different lots and the possibility of tendering for one, for several or for all of the lots.

(d) For works contracts: information concerning the purpose of the work or the contract where the latter also involves the drawing up of projects.

4.  Derogation from the use of European specifications, in accordance with Regulation 11(4).

5.  Time limit for delivery or completion.

6.  There applicable, the legal form to be taken by the grouping of suppliers or contractors to whom the contract is awarded.

7.—(a) The final date for receipt of requests to participate.

(b) The address to which they must be sent.

(c) The language or languages in which they must be drawn up.

8.  Any deposits and guarantees required.

9.  Main terms concerning financing and payment and/or references to the provisions in which these are contained.

10.  Information concerning the supplier’s or contractor’s personal position and minimum standards of economic and financial standing and technical capacity required of the supplier or contractor to whom the contract is awarded.

11.  Where applicable, the names and addresses of suppliers or contractors already selected by the utility.

12.  Where applicable, date(s) of previous publications in the Official Journal of the European Communities.

13.  Other information.

14.  Where applicable, the date of publication in the Official Journal of the European Communities of the periodic indicative notice which refers to the contract.

15.  Date of despatch of the notice.

PART E NOTICE ON THE EXISTENCE OF A QUALIFICATION SYSTEM

1.  The name, address and telephone, telegraphic, telex and facsimile numbers of the utility.

2.  Purpose of the qualification system.

3  Address where the rules concerning the qualification system can be obtained (if different from the address mentioned under 1.)

4.  Where applicable, duration of the qualification system.

PART F CONTRACT AWARD NOTICE

Information for publication in the Official Journal of the European Communities

I.—1. Name and address of the utility.

2. Nature of the contract (supply or works; where applicable, state if it is a framework agreement(26)).

3. At least a summary indication of the nature of the goods, works or services provided.

4. (a) Form of the call for competition (notice on the existence of a qualification procedure; periodic indicative notice; contract notice).

(b) Date of publication of the notice in the Official Journal of the European Communities.

(c) In the case of contracts awarded without a prior call for competition, indication of the relevant sub-paragraph of regulation 15(1) relied upon.

5. Award procedure (open, restricted or negotiated).

6. Number of tenders received.

7. Date of award of the contract.

8. Price paid for bargain purchases under regulation 15(1)(j).

9. Name and address of successful supplier(s) or contractor(s).

10. State, where applicable, whether the contract has been, or may be, sub-contracted.

11. Optional information:

• value and share of the contract which may be sub-contracted to third parties,

• award criteria,

• price paid (or range of prices).

Information not intended for publication

II.—12. Number of contracts awarded (where an award has been split between more than one supplier).

13. Value of each contract awarded.

14. Country of origin of the product or services (EEC origin or non-EEC origin; if the latter, broken down by third country).

15. Was recourse made to the exceptions to the use of European specifications provided for under regulation 11(4). If so, which?

16. Which award criteria was used (most economically advantageous; lowest price)?

17. Was the contract awarded to a bidder who submitted a variant, in accordance with regulation 20(4)?

18 Were any tenders excluded on the grounds that they were abnormally low, in accordance with regulation 20(6) and (7).

19. Date of despatch of the notice.

(1)

1991 c. 56.

(2)

1980 c. 45.

(3)

1989 c. 29.

(4)

S.I. 1992/231.

(5)

1986 c. 44.

(6)

S.I. 1977/596.

(7)

1989 c. 29.

(8)

1934 c. 36.

(9)

1964 c. 28(N.I.).

(10)

1946 c. 59.

(11)

1969 c. 35(N.I.).

(12)

1986 c. 31.

(13)

1971 c. 15(N.I.)

(14)

1964 c. 40.

(15)

1970 c. 1(N.I.).

(16)

1962 c. 46.

(17)

1985 c. 67.

(18)

1984 c. 32.

(19)

1967 c. 37(N.I.).

(20)

1984 c. 12.

(21)

S.I. 1991/2680.

(22)

1984 c. 12.

(23)

In accordance with regulation 10.

(24)

In accordance with regulation 10.

(25)

In accordance with regulation 10.

(26)

In accordance with regulation 10.