The Public Contracts Regulations 2015

Regulation 2(1)

SCHEDULE 1 U.K. CENTRAL GOVERNMENT AUTHORITIES

Where an entity listed in this Schedule is succeeded by another entity, which is itself a contracting authority, the successor entity shall be deemed to be included in this Schedule.

• Cabinet Office

  • Office of the Parliamentary Counsel

  • Crown Commercial Service

• Charity Commission

• Crown Estate Commissioners (Vote Expenditure Only)

• Crown Prosecution Service

• Department for Business, Innovation and Skills

  • Competition and Markets Authority

  • Higher Education Funding Council for England

  • Intellectual Property Office

  • Met Office

  • National Measurement Office

  • Office of Manpower Economics

• Department of Communities and Local Government

  • Rent Assessment Panels

• Department for Culture, Media and Sport

  • British Library

  • British Museum

  • Commission for Architecture and the Built Environment

  • The Gambling Commission

  • Historic Buildings and Monuments Commission for England (English Heritage)

  • Imperial War Museum

  • Museums, Libraries and Archives Council

  • National Gallery

  • National Maritime Museum

  • National Portrait Gallery

  • Natural History Museum

  • Science Museum

  • Tate Gallery

  • Victoria and Albert Museum

  • Wallace Collection

• Department for Education

• Department for Energy and Climate Change

• Department for Environment, Food and Rural Affairs

  • Agricultural Dwelling House Advisory Committees

  • Agricultural Land Tribunals

  • Cattle Breeding Centre

  • Countryside Agency

  • Plant Variety Rights Office

  • Royal Botanic Gardens, Kew

  • Royal Commission on Environmental Pollution

• Department of Health

  • NHS Business Services Authority

  • NHS Trusts

• Department for International Development

• Department of the Procurator General and Treasury Solicitor

  • Legal Secretariat to the Law Officers

• Department for Transport

  • Maritime and Coastguard Agency

• Department for Work and Pensions

  • Health and Safety Executive

  • Independent Tribunal Service

  • Industrial Injuries Advisory Council

  • Medical Boards and Examining Medical Officers (War Pensions)

  • Occupational Pensions Regulatory Authority

  • Pensions Ombudsman

  • Pensions Protection Fund Ombudsman

  • Regional Medical Service

  • Social Security Advisory Committee

• Foreign and Commonwealth Office

  • Wilton Park Conference Centre

• Government Actuary's Department

• GCHQ

• Home Office

  • HM Inspectorate of Constabulary

• House of Commons

• House of Lords

• Ministry of Defence

  • Defence Equipment & Support

  • Defence Infrastructure Organisation

  • Defence Science and Technology Laboratories

• Ministry of Justice

  • Boundary Commission for England

  • Combined Tax Tribunal

  • Council on Tribunals

  • Court of Appeal — Criminal

  • Employment Appeals Tribunal

  • Employment Tribunals

  • HMCS Regions, Crown, County and Combined Courts (England and Wales)

  • Immigration Appellate Authorities

  • Immigration Adjudicators

  • Immigration Appeals Tribunal

  • Lands Tribunal

  • Law Commission

  • Legal Aid Agency (England and Wales)

  • Office of the Social Security Commissioners

  • Parole Board and Local Review Committees

  • Pensions Appeal Tribunals

  • Public Trust Office

  • Supreme Court Group (England and Wales)

  • Transport Tribunal

• The National Archives

• National Audit Office

• National Savings and Investments

• Public Prosecution Service for Northern Ireland

• Office of Fair Trading

• Office for National Statistics

  • National Health Service Central Register

• Parliamentary and Health Service Ombudsman

• Paymaster General's Office

• Privy Council Office

• HM Revenue and Customs

• Royal Hospital, Chelsea

• Royal Mint

• Rural Payments Agency

• HM Treasury

  • United Kingdom Debt Management Office

• [F1 Northern Ireland Assembly Commission]

• Northern Ireland, Department of Agriculture and Rural Development

  • Agri-Food and Biosciences Institute

  • Livestock and Meat Commission for Northern Ireland

  • Northern Ireland Fishery Harbour Authority

• Northern Ireland, Department of Culture, Arts and Leisure

  • Armagh Observatory

  • Armagh Planetarium

  • Arts Council of Northern Ireland

  • Northern Ireland Library Authority

  • Northern Ireland Screen

  • Northern Ireland Museums Council

  • National Museums Northern Ireland

  • Sport NI

• Northern Ireland, Department of Education

  • Council for Catholic Maintained Schools

  • Comhairle na Gaelscolaiochta

  • Council for the Curriculum, Examinations and Assessment

  • [F2 Education Authority]

  • Exceptional Circumstances Body

  • General Teaching Council for Northern Ireland

  • Middletown Centre for Autism

  • Northern Ireland Council for Integrated Education

  • Staff Commission for Education and Library Boards

  • Youth Council for Northern Ireland

• Northern Ireland, Department for Employment and Learning

  • Belfast Metropolitan College

  • Construction Industry Training Board - ConstructionSkills NI

  • Labour Relations Agency

  • Northern Regional College

  • North West Regional College

  • South Eastern Regional College

  • Southern Regional College

  • South West College

  • Stranmillis University College

  • Ulster Supported Employment Limited

• Northern Ireland, Department of Enterprise, Trade and Investment

  • Consumer Council for Northern Ireland

  • Health and Safety Executive for Northern Ireland

  • Invest Northern Ireland

  • Northern Ireland Tourist Board

• Northern Ireland, Department of the Environment

  • Northern Ireland Local Government Officers' Superannuation Committee

  • Local Government Staff Commission

  • Northern Ireland Environment Agency

• Northern Ireland, Department of Finance and Personnel

  • Northern Ireland Building Regulations Advisory Committee

  • Statistics Advisory Committee

  • Public service Commission for Northern Ireland

  • Lay Observer for Northern Ireland

• Northern Ireland, Department of Health, Social Services and Public Safety

  • Belfast Health and Social Care Trust

  • Regional Business Services Organisation

  • Regional Health and Social Care Board

  • Northern Health and Social Care Trust

  • Northern Ireland Ambulance Service Trust

  • Northern Ireland Blood Transfusion Service

  • Northern Ireland Fire and Rescue Service

  • Northern Ireland Guardian Ad Litem Agency

  • Northern Ireland Medical and Dental Training Agency

  • Northern Ireland Practice and Education Council for Nursing and Midwifery

  • Northern Ireland Social Care Council

  • Patient and Client Council

  • Regional Agency for Public Health and Social Well Being

  • Health and Social care Regulation and Quality Improvement Authority

  • South Eastern Health and Social Care Trust

  • Southern Health and Social Care Trust

  • Western Health and Social Care Trust

• Northern Ireland, Department of Justice

  • Chief Inspector of Criminal Justice

  • Northern Ireland Law Commission

  • Northern Ireland Legal Services Commission

  • Northern Ireland Policing Board

  • Northern Ireland Policing Fund

  • Northern Ireland Prisoner Ombudsman

  • Probation Board for Northern Ireland

  • Police Ombudsman Northern Ireland

  • Police Retraining and Rehabilitation Trust

  • Police Service of Northern Ireland

  • RUC George Cross Foundation

• Northern Ireland, Department for Regional Development

• Northern Ireland, Department for Social Development

  • Northern Ireland Housing Executive

  • The Charity Commission for Northern Ireland

• Northern Ireland, Office of the First Minister and Deputy First Minister

  • Attorney General for Northern Ireland

  • Commissioner for Children and Young People for Northern Ireland

  • Commissioner for Older People for Northern Ireland

  • Commissioner for Public Appointments for Northern Ireland

  • Commissioner for Victims and Survivors

  • Community Relations Council

  • Equality Commission for Northern Ireland

  • ILEX Urban Regeneration Company Limited

  • Maze Long Kesh Development Corporation

  • Northern Ireland Judicial Appointments Commission

  • Strategic Investment Board

  • Planning and Water Appeals Commission

  • Victims and Survivors Service Ltd

• Scotland, Auditor-General

• Scotland, Crown Office and Procurator Fiscal Service

• Scotland, General Register Office

• Scotland, Queen's and Lord Treasurer's Remembrancer

• Scotland, Registers of Scotland

• The Scotland Office

• The Scottish Ministers

  • Architecture and Design Scotland

  • Community Health Partnerships

  • Court of Session

  • Crofting Commission

  • Health Boards

  • High Court of Justiciary

  • HM Inspectorate of Constabulary

  • Keeper of the Records of Scotland

  • Lands Tribunal for Scotland

  • National Galleries of Scotland

  • National Library of Scotland

  • National Museums of Scotland

  • Office of the Social Security Commissioners

  • Parole Board for Scotland

  • Pensions Appeal Tribunals

  • Revenue Scotland

  • Royal Botanic Garden, Edinburgh

  • Royal Commission on the Ancient and Historical Monuments of Scotland

  • Scottish Further and Higher Education Funding Council

  • Scottish Land Court

  • Scottish Law Commission

  • Sheriff Courts

  • Scottish Police Agency

  • Special Health Boards

  • The Office of the Accountant of Court

  • The Private Rented Housing Panel and Private Rented Housing Committees

• The Scottish Parliamentary Body Corporate

• UK Export Finance

• Higher Education Funding Council Wales

• Local Democracy and Boundary Commission for Wales

• [F3 The National Assembly for Wales Commission]

• Rent Assessment Committees

• F4 ...

• Welsh Language Commissioner

• The Wales Office (Office of the Secretary of State for Wales)

• The Welsh Ministers

  • Arts Council of Wales

  • Care Council for Wales

  • National Museum Wales

  • National Library of Wales

  • Natural Resources Wales

  • Royal Commission on the Ancient and Historical Monuments of Wales

  • Sport Wales

• Welsh NHS Bodies

Textual Amendments

F1 Words in Sch. 1 inserted (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 2 para. 24(3) (with reg. 5)

F2 Words in Sch. 1 substituted (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 2 para. 24(2) (with reg. 5)

F3 Words in Sch. 1 inserted (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 2 para. 24(4) (with reg. 5)

F4 Words in Sch. 1 omitted (18.4.2016) by virtue of The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 2 para. 24(5) (with reg. 5)

Regulations 2(1) and 13(1)(a)(i)

SCHEDULE 2 U.K. ACTIVITIES CONSTITUTING WORKS

In this Schedule, ‘NACE Rev.1’ has the same meaning as in Council Regulation (EEC) No 3037/90 on the classification of economic activities in the European Community M1 , 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: —construction of new buildings and works, restoring and common repairs.	45000000
	45.1		Site preparation		45100000
		45.11	Demolition and wrecking of buildings; earth moving	This class includes: —demolition of buildings and other structures, —clearing of building sites, —earth moving: excavation, landfill, levelling and grading of construction sites, trench digging, rock removal, blasting, etc —site preparation for mining: —overburden removal and other development and preparation of mineral properties and sites. This class also includes: —building site drainage. —drainage of agricultural or forestry land.	45110000
		45.12	Test drilling and boring	This class includes: —test drilling, test boring and core sampling for construction, geophysical, geological or similar purposes. This class excludes: —drilling of production oil or gas wells, see 11.20. —water well drilling, see 45.25, —shaft sinking, see 45.25, —oil and gas field exploration, geophysical, geological and seismic surveying, see 74.20.	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: —construction of all types of buildings construction of civil engineering constructions, —bridges, including those for elevated highways, viaducts, tunnels and subways, —long-distance pipelines, communication and power lines, —urban pipelines, urban communication and power lines, —ancillary urban works, —assembly and erection of prefabricated constructions on the site. This class excludes: —service activities incidental to oil and gas extraction, see 11.20, —erection of complete prefabricated constructions from self-manufactured parts not of concrete, see divisions 20, 26 and 28, —construction work, other than buildings, for stadiums, swimming pools, gymnasiums, tennis courts, golf courses and other sports installations, see 45.23, —building installation, see 45.3, —building completion, see 45.4, —architectural and engineering activities, see 74.20, —project management for construction, see 74.20.	45210000 Except: —45213316 45220000 45231000 45232000
		45.22	Erection of roof covering and frames	This class includes: —erection of roofs, —roof covering, —waterproofing.	45261000
		45.23	Construction of highways, roads, airfields and sport facilities	This class includes: —construction of highways, streets, roads, other vehicular and pedestrian ways, —construction of railways, —construction of airfield runways, —construction work, other than buildings, for stadiums, swimming pools, gymnasiums, tennis courts, golf courses and other sports installations, —painting of markings on road surfaces and car parks. This class excludes: —preliminary earth moving, see 45.11.	45212212 and DA03 45230000 except: —45231000 —45232000 —45234115
		45.24	Construction of water projects	This class includes —construction of: —waterways, harbour and river works, pleasure ports (marinas), locks etc.; —dams and dykes, —dredging, —subsurface work.	45240000
		45.25	Other construction work involving special trades	This class includes: —construction activities specialising in one aspect common to different kinds of structures, requiring specialised skill or equipment, —construction of foundations, including pile driving, —water well drilling and construction, shaft sinking, —erection of non-self-manufactured steel elements, —steel bending, —bricklaying and stone setting, —scaffolds and work platform erecting and dismantling, including renting of scaffolds and work platforms, —erection of chimneys and industrial ovens. This class excludes: —renting of scaffolds without erection and dismantling, see 71.32	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: —electrical wiring and fittings, —telecommunications systems, —electrical heating systems, —residential antennas and aerials, —fire alarms, —burglar alarm systems, —lifts and escalators, —lightning conductors, etc	45213316 45310000 Except: —45316000
		45.32	Insulation work activities	This class includes: —installation in buildings or other construction projects of thermal, sound or vibration insulation. This class excludes: —waterproofing, see 45.22.	45320000
		45.33	Plumbing	This class includes: —installation in buildings or other construction projects of: —plumbing and sanitary equipment, —gas fittings, —heating, ventilation, refrigeration or air-conditioning equipment and ducts, —sprinkler systems This class excludes: —installation of electrical heating systems, see 45.31.	45330000
		45.34	Other building installation	This class includes: —installation of illumination and signalling systems for roads, railways, airports and harbours, —installation in buildings or other construction projects of fittings and fixtures n.e.c.	45234115 45316000 45340000
	45.4		Building completion		45400000
		45.41	Plastering	This class includes: —application in buildings or other construction projects of interior and exterior plaster or stucco, including related lathing materials.	45410000
		45.42	Joinery installation	This class includes: —installation of not self-manufactured doors, windows, door and window frames, fitted kitchens, staircases, shop fittings and the like, of wood or other materials, —interior completion such as ceilings, wooden wall coverings, movable partitions, etc. This class excludes: —laying of parquet and other wood floor coverings, see 45.43	45420000
		45.43	Floor and wall covering	This class includes: —laying, tiling, hanging or fitting in buildings or other construction projects of: —ceramic, concrete or cut stone wall or floor tiles, —parquet and other wood floor coverings carpets and linoleum floor coverings, —including of rubber or plastic, —terrazzo, marble, granite or slate floor or wall coverings, —wallpaper.	45430000
		45.44	Painting and glazing	This class includes: —interior and exterior painting of buildings, —painting of civil engineering structures, —installation of glass, mirrors, etc This class excludes: —installation of windows, see 45.42,	45440000
		45.45	Other building completion	This class includes: —installation of private swimming pools, —steam cleaning, sand blasting and similar activities for building exteriors, —other building completion and finishing work n.e.c. This class excludes: —interior cleaning of buildings and other structures see 74.70.	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: —renting of construction or demolition machinery and equipment without operators, see 71.32.	45500000

Marginal Citations

M1 OJ No L 293, 24.10.1990, p.1; last amended by Regulation (EC) No 1893/2006 of the European Parliament and of the Council (OJ No L 393, 30.12.2006, p1).

Regulations 5(1)(d) and 74

SCHEDULE 3 U.K. SOCIAL AND OTHER SPECIFIC SERVICES

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 10(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 to75231230-5; 75240000-0 to75252000-7; 794300000-7; 98113100-9	Prison related services, public security and rescue services to the extent not excluded by regulation 10(1)(h)
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 5(2)(b)

SCHEDULE 4 U.K. LIST OF PRODUCTS RELEVANT TO THRESHOLDS

The products covered by this Schedule are those specified in the following chapters of the Combined Nomenclature (CN) M2 :

Chapter 25:	Salt, sulphur, earths and stone, plastering materials, lime and cement
Chapter 26:	Metallic ores, slag and ash
Chapter 27:	Mineral fuels, mineral oils and products of their distillation, bituminous substances, mineral waxes except: ex 27.10: special engine fuels
Chapter 28:	Inorganic chemicals, organic and inorganic compounds of precious metals, of rare-earth metals, of radioactive elements and isotopes except: ex 28.09: explosives ex 28.13: explosives ex 28.14: tear gas ex 28.28: explosives ex 28.32: explosives ex 28.39: explosives ex 28.50: toxic products ex 28.51: toxic products ex 28.54: explosives
Chapter 29:	Organic chemicals except: ex 29.03: explosives ex 29.04: explosives ex 29.07: explosives ex 29.08: explosives ex 29.11: explosives ex 29.12: explosives ex 29.13: toxic products ex 29.14: toxic products ex 29.15: toxic products ex 29.21: toxic products ex 29.22: toxic products ex 29.23: toxic products ex 29.26: explosives ex 29.27: toxic products ex 29.29: explosive
Chapter 30:	Pharmaceutical products
Chapter 31:	Fertilisers
Chapter 32:	Tanning and dyeing extracts, tanning and their derivatives, dyes, colours, paints and varnishes, putty, fillers and stoppings, inks
Chapter 33:	Essential oils and resinoids, perfumery, cosmetic or toilet preparations
Chapter 34:	Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing and scouring preparations, candles and similar articles, modelling pastes and ‘dental waxes’
Chapter 35:	Albuminoidal substances, glues, enzymes
Chapter 37:	Photographic and cinematographic goods
Chapter 38:	Miscellaneous chemical products, except: ex 38.19: toxic products
Chapter 39:	Artificial resins and plastic materials, celluloses esters and ethers, articles thereof, except: ex 39.03: explosives
Chapter 40:	Rubber, synthetic rubber, factice, and articles thereof, except: ex 40.11: bullet-proof tyres
Chapter 41:	Raw hides and skins (other than fur skins) and leather
Chapter 42:	Articles of leather, saddlery and harness, travel goods, handbags and similar containers, articles of animal gut (other than silk-worm gut)
Chapter 43:	Fur skins and artificial fur, manufacturers thereof
Chapter 44:	Wood and articles of wood, wood charcoal
Chapter 45:	Cork and articles of cork
Chapter 46:	Manufactures of straw of esparto and of other plaiting materials, basketware and wickerwork
Chapter 47:	Paper-making material
Chapter 48:	Paper and paperboard, articles or paper pulp, of paper or of paperboard
Chapter 49:	Printed books, newspapers, pictures and other products of the printing industry, manuscripts, typescripts and plans
Chapter 65:	Headgear and parts thereof
Chapter 66:	Umbrellas, sunshades, walking-sticks, whips, riding-crops and parts thereof
Chapter 67:	Prepared feathers and down and articles made of feathers or of down, artificial flowers, articles of human hair
Chapter 68:	Articles of stone, of plaster, of cement, of asbestos, of mica and of similar materials
Chapter 69:	Ceramic products
Chapter 70:	Glass and glassware
Chapter 71:	Pearls, precious and semi-precious stones, precious metals, rolled precious metals, and articles thereof; imitation jewellery
Chapter 73:	Iron and steel and articles thereof
Chapter 74:	Copper and articles thereof
Chapter 75:	Nickel and articles thereof
Chapter 76:	Aluminium and articles thereof
Chapter 77:	Magnesium and beryllium and articles thereof
Chapter 78:	Lead and articles thereof
Chapter 79:	Zinc and articles thereof
Chapter 80:	Tin and articles thereof
Chapter 81:	Other base metals employed in metallurgy and articles thereof
Chapter 82:	Tools, implements, cutlery, spoons and forks, of base metal, parts thereof, except: ex 82.05: tools ex 82.07: tools, parts
Chapter 83:	Miscellaneous articles of base metal
Chapter 84:	Boilers, machinery and mechanical appliances, parts thereof, except: ex 84.06: engines ex 84.08: other engines ex 84.45: machinery ex 84.53: automatic data-processing machines ex 84.55: parts of machines under heading No 84.53 ex 84.59: nuclear reactors
Chapter 85:	Electrical machinery and equipment, parts thereof, except: ex 85.13: telecommunication equipment ex 85.15: transmission apparatus
Chapter 86:	Railway and tramway locomotives, rolling-stock and parts thereof, railway and tramway tracks fixtures and fittings, traffic signalling equipment of all kinds (not electrically powered), except ex 86.02: armoured locomotives, electric ex 86.03: other armoured locomotives ex 86.05: armoured wagons ex 86.06: repair wagons ex 86.07: wagons
Chapter 87:	Vehicles, other than railway or tramway rolling-stock, and parts thereof, except: ex 87.08: tanks and other armoured vehicles ex 87.01: tractors ex 87.02: military vehicles ex 87.03: breakdown lorries ex 87.09: motorcycles ex 87.14: trailers
Chapter 89:	Ships, boats and floating structures, except: ex 89.01A: warships
Chapter 90:	Optical, photographic, cinematographic, measuring, checking, precision, medical and surgical instruments and apparatus, parts thereof, except: ex 90.05: binoculars ex 90.13: miscellaneous instruments, lasers ex 90.14: telemeters ex 90.28: electrical and electronic measuring instruments ex 90.11: microscopes ex 90.17: medical instruments ex 90.18: mechano-therapy appliances ex 90.19: orthopaedic appliances ex 90.20: X-ray apparatus
Chapter 91:	Manufacture of watches and clocks
Chapter 92:	Musical instruments, sound recorders and reproducers, television image and sound recorders or reproducers, parts and accessories of such articles
Chapter 94:	Furniture and parts thereof, bedding, mattresses, mattress supports, cushions and similar stuffed furnishings, except: ex 94.01A: aircraft seats
Chapter 95:	Articles and manufactures of carving or moulding material
Chapter 96:	Brooms, brushes, powder-puffs and sieves
Chapter 98:	Miscellaneous manufactured articles

Marginal Citations

M2 The references in this Schedule are derived from Annex 4 to the EU's Appendix 1 to the GPA (for which see the footnote to the definition of ‘GPA’ in regulation 2(1)).

Regulation 58(5)

SCHEDULE 5 U.K. PROFESSIONAL AND TRADE REGISTERS ETC.

The registers and other requests referred to in regulation 58(5) are the following and, where changes have been made at national level, the references to particular registers, declarations and certificates shall include those which have replaced them:

• in Belgium the ‘Registre du Commerce’/ ‘Handelsregister’, and, in the case of service contracts, the ‘Ordres professionels/Beroepsorden’;

• in Bulgaria, the ‘Търговски регистър’;

• in the Czech Republic, the ‘obchodní rejstřík’;

• in Denmark, the ‘Erhvervsstyrelsen’;

• in Germany, the ‘Handelsregister’, the ‘Handwerksrolle’, and, in the case of service contracts, the ‘Vereinsregister’, the ‘Partnerschaftsregister’ and the ‘Mitgliedsverzeichnisse der Berufskammern der Länder’;

• in Estonia, the ‘Registrite ja Infosüsteemide Keskus’;

• in Ireland, the economic operator may be requested to provide a certificate from the Registrar of Companies or the Registrar of Friendly Societies or, where he is not so certified, a certificate stating that the person concerned has declared on oath that he is engaged in the profession in question in the country in which he is established, in a specific place under a given business name;

• in Greece, the ‘Μητρώο Εργοληφτικών Εφιχειρήσεων — MEΕΠ’ of the Ministry for Environment, Town and Country Planning and Public Works (Υ.ΠΕ.ΧΩ.Δ.Ε) in respect of works contracts; the ‘Βιοτεχνικό ή Εμφορικό ή Βιομηχανικό Εφιμελητήριο’ and the ‘Μητρώο Κατασκευαστών Αμυντικού Υλικού’ in the case of supplies contracts; in the case of service contracts, the service provider may be asked to provide a declaration on the exercise of the profession concerned made on oath before a notary; in the cases provided for by existing national legislation, for the provision of research services, the professional register ‘Μητρώο Μελετητών’ and the ‘Μητρώο Γραφείων Μελετών’;

• in Spain, the ‘Registro Oficial de Licitadores y Empresas Clasificadas del Estado’ in respect of works and services contracts, and, in the case of supplies contracts, the ‘Registro Mercantil’ or, in the case of non-registered individuals, a certificate stating that the person concerned has declared on oath that he is engaged in the profession in question;

• in France, the ‘Registre du commerce et des sociétés’ and the ‘Répertoire des métiers’;

• in Croatia, the ‘Sudski registar’ and the ‘Obrtni registrar’ or, in the case of some activities, a certificate stating that the person concerned is authorised to be engaged in the commercial activity or profession in question;

• in Italy, the ‘Registro della Camera di commercio, industria, agricoltura e artigianato’; in the case of supplies and services contracts also the ‘Registro delle commissioni provinciali per l’artigianato' or, in addition to the already mentioned registers, the ‘Consiglio nazionale degli ordini professionali’ in respect of services contracts; in respect of works or services contracts, the ‘Albo nazionale dei gestori ambientali’ in addition to the already mentioned registers;

• in Cyprus, the contractor may be requested to provide a certificate from the ‘Council for the Registration and Audit of Civil Engineering and Building Contractors (Συμβούλιο Εγγραφής και Ελέγχου Εργοληφτών Οικοδομικών και Τεχνικών Έργων)’ in accordance with the Registration and Audit of Civil Engineering and Building Contractors Law in respect of works contracts; in the case of supplies and services contracts the supplier or service provider may be requested to provide a certificate from the ‘Registrar of Companies and Official Receiver’ (Έφορος Εταιρειών και Εφίσημος Παραλήφτης) or, where this is not the case, a certificate stating that the person concerned has declared on oath that he is engaged in the profession in question in the country in which he is established, in a specific place and under a given business name;

• in Latvia, the ‘Uzņēmumu reģistrs’;

• in Lithuania, the ‘Juridinių asmenų registras’;

• in Luxembourg, the ‘Registre aux firmes’ and the ‘Rôle de la Chambre des métiers’;

• in Hungary, the ‘Cégnyilvántartás’, the ‘egyéni vállalkozók jegyzői nyilvántartása’ and, in the case of service contracts, some ‘szakmai kamarák nyilvántartása’ or, in the case of some activities, a certificate stating that the person concerned is authorised to be engaged in the commercial activity or profession in question;

• in Malta, the economic operator obtains his ‘numru ta’ registrazzjoni tat-Taxxa tal-Valur Miżjud (VAT) u n-numru tal-licenzja ta' kummerc', and, in the case of a partnership or company, the relevant registration number as issued by the Malta Financial Services Authority;

• in the Netherlands, the ‘Handelsregister’;

• in Austria, the ‘Firmenbuch’, the ‘Gewerberegister’, the ‘Mitgliederverzeichnisse der Landeskammern’;

• in Poland, the ‘Krajowy Rejestr Sądowy’;

• in Portugal, the ‘Instituto da Construção e do Imobiliário’ (INCI) in respect of works contracts; the ‘Registro Nacional das Pessoas Colectivas’ in the case of supplies and services contracts;

• in Romania, the ‘Registrul Comerțului’;

• in Slovenia, the ‘sodni register’ and the ‘obrtni register’;

• in Slovakia, the ‘Obchodný register’;

• in Finland, the ‘Kaupparekisteri’/ ‘Handelsregistret’;

• in Sweden, the ‘aktiebolags-, handels- eller föreningsregistren’;

• in the United Kingdom, the economic operator may be requested to provide a certificate from the Registrar of Companies stating that he is certified as incorporated or registered or, where he is not so certified, a certificate stating that the person concerned has declared on oath that he is engaged in the profession in a specific place under a given business name.

Regulation 116

SCHEDULE 6 U.K. CONSEQUENTIAL AND MISCELLANEOUS AMENDMENTS

PART 1 U.K. Consequential amendments to Acts of Parliament

Late Payment of Commercial Debts (Interest) Act 1998 U.K.

1.  In section 4 of the Late Payment of Commercial Debts (Interest) Act 1998 M3 (period for which statutory interest runs), in subsection (8), in the definition of “public authority” for “regulation 3 of the Public Contracts Regulations 2006 M4 ” substitute “ regulation 2(1) of the Public Contracts Regulations 2015 ”.

Marginal Citations

M3 1998 c.20; section 4(8) was amended by regulation 2(1) and (6) of S.I. 2013/395 and regulation 2(1) and (6) of S.S.I. 2013/77.

M4 S.I. 2006/5, amended by S.I. 2007/3542, 2008/2256, 2683, 2848, 2009/1307, 2992, 2010/133, 976, 2011/1043, 1848, 2053, 2581, 3058, 2013/252, 1431, 2014/834 and by the Enterprise and Regulatory Reform Act 2013 (c.24), Schedule 20, paragraph 2.

Greater London Authority Act 1999 U.K.

2.  The Greater London Authority Act 1999 M5  is amended as follows.

Marginal Citations

M5 1999 c.29.

3.—(1) Section 355 M6 (duties of waste collection authorities etc.) is amended as follows. U.K.

(2) In subsection (7)(a) for “the public procurement regulations” substitute “ the Utilities Contracts Regulations 2006 M7 ”.

(3) After subsection (7) insert—

“(8) In any case where—

(a) an authority is required to comply with the Public Contracts Regulations 2015 in the awarding of a waste contract,

(b) in compliance with those regulations the authority sends the contract notice relating to the awarding of that contract to the Publications Office of the European Union, and

(c) after the authority sends that notice, the Mayor revises the provisions of the London Environment Strategy dealing with municipal waste management,”this section, and any guidance issued under it, are to have effect in relation to the awarding of that contract as if the revision had not been made.

Marginal Citations

M6 Section 355(7) was amended by paragraphs 1, 6(a) and 7 of Schedule 23 and Part 33 of Schedule 25 to the Localism Act 2011 (c.20).

M7 S.I. 2006/6, amended by S.I. 2008/2848, 2011/1043, 2053, 2012/1659, 2013/610; there are other amending instruments but none is relevant.

4.—(1) Section 356 (directions by the Mayor) is amended as follows. U.K.

(2) In subsection (3)(a) for “the public procurement regulations” substitute “ the Utilities Contracts Regulations 2006 ”.

(3) After subsection (3) insert—

“(3A) The Mayor may not give to an authority a direction under subsection (1) above requiring the authority to exercise a function in relation to the awarding of a waste contract if—

(a) the authority is required to comply with the Public Contracts Regulations 2015 in awarding that contract, and

(b) in compliance with those regulations the authority has sent the contract notice relating to the awarding of that contract to the Publications Office of the European Union.”.

5.—(1) Section 358 M8 (information about new waste contracts) is amended as follows. U.K.

(2) In subsection (1) for “the public procurement regulations” substitute “ the Utilities Contracts Regulations 2006 ”.

(3) After subsection (1) insert—

“(1ZA) If, in the awarding of a waste contract, a waste authority in compliance with the Public Contracts Regulations 2015 has decided—

(a) to send to the Publications Office of the European Union a prior information notice relating to the awarding of the contract, or

(b) to publish such a notice on the authority's buyer profile, subsection (1A) below applies.”.

(4) In subsection (1A) for “that notice” substitute “ the notice in question ”.

(5) In subsection (1B) for “the public procurement regulations” substitute “ the Utilities Contracts Regulations 2006 ”.

(6) After subsection (1B) insert—

“(1BA) If, in the awarding of a waste contract, a waste authority in compliance with Public Contracts Regulations 2015—

(a) has decided not to send or publish a prior information notice, but

(b) decides to send to the Publications Office of the European Union a contract notice relating to the awarding of the contract, subsection (1C) below applies.”.

(7) In subsection (1C) for “that notice” substitute “ the notice in question ”.

(8) In subsection (2) for “the public procurement regulations” substitute “ the Utilities Contracts Regulations 2006 or the Public Contracts Regulations 2015 ”.

Marginal Citations

M8 Section 358(1), (1A), (1B) and (1C) were amended by s.39(1) to (3) of the Greater London Authority Act 2007 (c.24)

6.  In section 359 (confidential information about waste contracts) in subsection (1)(c) for “the public procurement regulations” substitute “ the Utilities Contracts Regulations 2006 or the Public Contracts Regulations 2015 ”. U.K.

7.—(1) Section 360 M9 (interpretation) is amended as follows. U.K.

(2) In subsection (2)—

(a) in the definition of “buyer profile” for “the public procurement regulations” substitute “ the Utilities Contracts Regulations 2006 or the Public Contracts Regulations 2015 ”,

(b) omit the definition of “the public procurement regulations”, and

(c) insert in the appropriate place—

(i) “ “contract notice” has the same meaning as in regulation 49 of the Public Contracts Regulations 2015,”, and

(ii) “ “prior information notice” has the same meaning as in regulation 48 of the Public Contracts Regulations 2015,”.

(3) In subsection (3)—

(a) after “waste authority” insert “ in compliance with the Utilities Contracts Regulations 2006 ”,

(b) omit paragraph (a) (and the “or” immediately following it), and

(c) in paragraph (b) omit the words from “in a case” to “2006,”.

(4) In subsection (4)—

(a) after “waste authority” insert “ in compliance with the Utilities Contracts Regulations 2006 ”,

(b) omit paragraph (a) (and the “or” immediately following it), and

(c) omit the words from “in a case” to “2006,”.

Marginal Citations

M9 Section 360 was amended by section 39(6) to (8) of the Greater London Authority Act 2007 and regulation 48(a) of and paragraph 1 of Schedule 7 to S.I. 2006/5.

Public Services (Social Value) Act 2012 U.K.

8.—(1) Section 1 of the Public Services (Social Value) Act 2012 M10 (contracts of relevant authorities) is amended as follows.

(2) In subsection (2)(a) for “the Official Journal of the European Union” substitute “ the Publications Office of the European Union ”.

(3) Subsection (13) is omitted.

(4) In subsection (15)—

(a) in the definition of “framework agreement” after “Regulations” insert “ (whether or not the Regulations apply) ”,

(b) the definition of “public services contract” is omitted,

(c) in the definition of “the Regulations” for “Public Contracts Regulations 2006 (S.I. 2006/5)” substitute “ Part 2 of the Public Contracts Regulations 2015 (S.I. 2015/102) ”, and

(d) in the definition of “relevant authority” for “for the purposes of the Regulations” substitute “ within the meaning of the Regulations (whether or not the Regulations apply) ”.

(5) After subsection (15) insert—

“(16) For the purposes of this section references to a public services contract are to—

(a) a public service contract to which the Regulations apply (or which is treated as such a contract by the Regulations), or

(b) any contract, not being a contract falling within paragraph (a), which would have been a public services contract to which the Public Contracts Regulations 2006 would have applied (or which would have been treated by those Regulations as such a contract) if those Regulations had not been revoked”.

Marginal Citations

M10 2012 c.3.

Health and Social Care Act 2012 U.K.

9.  In section 76 of the Health and Social Care Act 2012 M11 (regulations under section 75), in subsection (8)(b) for “the Public Contracts Regulations 2006 (S.I. 2006/5)” substitute “ the Public Contracts Regulations 2015 (S.I. 2015/102) ”.

Marginal Citations

M11 2012 c.7.

PART 2 U.K. Consequential and miscellaneous amendments to other legislation

Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 U.K.

10.  For article 3(1)(j) of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 M12 substitute—

“(j) any question asked by or on behalf of a contracting authority in relation to a conviction for an offence listed in regulation 57(1) of the Public Contracts Regulations 2015 which is a spent conviction (or any circumstances ancillary to such a conviction) for the purpose of determining whether or not a person is excluded—

(i) for the purposes of regulation 57 of the Public Contracts Regulations 2015, or

(ii) from participation in a design contest for the purposes of regulation 80 of the Public Contracts Regulations 2015,

where the person questioned is informed at the time the question is asked that, by virtue of this Order, spent convictions for such offences are to be disclosed;

(ja) any question asked by or on behalf of a contracting authority in relation to a conviction for an offence listed in regulation 26(1) of the Utilities Contracts Regulations 2006 M13 which is a spent conviction (or any circumstances ancillary to such a conviction) for the purpose of determining whether or not a person is ineligible—

(i) for the purposes of regulation 26 of the Utilities Contracts Regulations 2006, or

(ii) to participate in a design contest for the purposes of regulation 34 of the Utilities Contracts Regulation 2006,

where the person questioned is informed at the time the question is asked that, by virtue of this Order, spent convictions for such offences are to be disclosed;”.

Marginal Citations

M12 S.I. 1975/1023 amended by S.I. 2006/2143; there are other amending instruments but none is relevant.

M13 S.I. 2006/6, amended by S.I. 2008/2848, 2011/1043, 2053, 2012/1659, 2013/610; there are other amending instruments but none is relevant.

Civil Procedure Rules 1998 U.K.

11.—(1) Rule 54.5 of the Civil Procedure Rules 1998 M14 is amended as follows.

(2) In paragraph (A1)—

(a) for the definition of “decision governed by the Public Contracts Regulations 2006 M15 ” substitute—

““decision governed by the Public Contracts Regulations 2015” means any decision the legality of which is or may be affected by a duty owed to an economic operator by virtue of regulations 89 or 90 of those Regulations (and for this purpose it does not matter that the claimant is not an economic operator); and”,

(b) in the definition of “economic operator” for “regulation 4 of the Public Contracts Regulations 2006” substitute “ regulation 2(1) of the Public Contracts Regulations 2015 ”.

(3) In paragraph (6)—

(a) for “the Public Contracts Regulations 2006” substitute “ the Public Contracts Regulations 2015 ”,

(b) for “regulation 47D(2)” substitute “ regulation 92 ”.

Marginal Citations

M14 S.I. 1998/3132; relevant amending instruments are S.I. 2013/1412 and 2000/2092.

M15 S.I. 2006/5, amended by S.I. 2007/3542, 2008/2256, 2683, 2848, 2009/1307, 2992, 2010/133, 976, 2011/1043, 1848, 2053, 2581, 3058, 2013/252, 1431, 2014/834 and by the Enterprise and Regulatory Reform Act 2013 (c.24), Schedule 20, paragraph 2.

Service Charges (Consultation Requirements) (England) Regulations 2003 U.K.

12.  In regulation 2(1) of the Service Charges (Consultation Requirements) (England) Regulations 2003 M16 in the definition of “public notice” for “in the Official Journal of the European Union pursuant to the Public Contracts Regulations 2006” substitute “ by the Publications Office of the EU pursuant to the Public Contracts Regulations 2015 ”.

Marginal Citations

M16 S.I. 2003/1987, amended by S.I. 2006/5; there are other amending instruments but none is relevant.

Schools Forums (Wales) Regulations 2003 U.K.

13.  In regulation 9(1) of the Schools Forums (Wales) Regulations 2003 M17 for “regulation 8 of the Public Contracts Regulations 2006” substitute “ regulation 5 of the Public Contracts Regulations 2015 ”.

Marginal Citations

M17 S.I. 2003/2909, amended by S.I. 2006/5; there are other amending instruments but none is relevant.

Service Charges (Consultation Requirements) (Wales) Regulations 2004 U.K.

14.  In regulation 2(1) of the Service Charges (Consultation Requirements) (Wales) Regulations 2004 M18 in the definition of “public notice” for “in the Official Journal of the European Union pursuant to the Public Contracts Regulations 2006” substitute “ by the Publications Office of the EU pursuant to the Public Contracts Regulations 2015 ”.

Marginal Citations

M18 S.I. 2004/684, amended by S.I. 2006/5; there are other amending instruments but none is relevant.

Utilities Contracts Regulations 2006 U.K.

15.—(1) The Utilities Contracts Regulations 2006 are amended as follows.

(2) In regulation 2, in the definition of “contracting authority” for “regulation 3 of the Public Contracts Regulations 2006” substitute “ regulation 2(1) of the Public Contracts Regulations 2015 ”.

(3) In regulation 3(2) for the definition of “local authority” substitute—

““local authority” means—

(a)

in relation to a local authority in England—

(i)

a county council, a district council, a London borough council, a parish council, the Council of the Isles of Scilly;

(ii)

the Common Council of the City of London in its capacity as local authority or police authority; or

(iii)

the Greater London Authority or a functional body within the meaning of the Greater London Authority Act 1999 M19 ;

(b)

in relation to a local authority in Wales, a county council, a county borough council or a community council;

(c)

in relation to Scotland, a local authority within the meaning of section 235(1) of the Local Government (Scotland) Act 1973 M20 and also includes a joint board or joint committee within the meaning of section 235(1) of that Act;

(d)

in relation to a local authority in Northern Ireland, a district council within the meaning of the Local Government Act (Northern Ireland) 1972 M21 .”.

(4) In regulations 5 and 21 for “the Public Contracts Regulations 2006”, in each place it occurs, substitute “ Part 2 of the Public Contracts Regulations 2015 ”.

Marginal Citations

M19 1999 (c.29), the definition of “functional body” in section 424 was amended by section 3(9) of the Police Reform and Social Responsibility Act 2011 (c.13) and paragraphs 44 and 52 of Schedule 22 and Part 32 of Schedule 25 to the Localism Act 2011 (c.20).

M20 1973 c.65; section 235(1) was amended by the Local Government etc (Scotland) Act 1994 (c.39), section 180(1), (2) and Schedule 13, paragraph 92(66)(c).

M21 1972 c.9; section 1 was amended by S.I. 1985/454.

Provision of Services Regulations 2009 U.K.

16.  In regulation 31(5)(g) of the Provision of Services Regulations 2009 M22 for “regulations 23(5), 24(1) and 25 of the Public Contracts Regulations 2006” substitute “ regulations 60(1) (read with regulation 58(5)), 60(4) and (5) and 62 of the Public Contracts Regulations 2015 ”.

Marginal Citations

M22 S.I. 2009/2999, to which there are amendments not relevant to these Regulations.

Quality Contracts Schemes (Tendering Requirements) (England) Regulations 2009 U.K.

17.  In regulation 9 of the Quality Contracts Tendering Schemes (Tendering Requirements) (England) Regulations 2009 M23 for “the Public Contracts Regulations 2006, the Utilities Contracts Regulations 2006 or the Defence and Security Public Contracts Regulations 2011 M24 ” substitute “ the Utilities Contracts Regulations 2006, the Defence and Security Public Contracts Regulations 2011 or Part 2 or 3 of the Public Contracts Regulations 2015 ”.

Marginal Citations

M23 S.I. 2009/3244, amended by S.I. 2011/1848.

M24 S.I. 2011/1848, amended by S.S.I. 2012/88, 2012/89; there are other amending instruments but none is relevant.

Cleaner Road Transport Vehicle Regulations 2011 U.K.

18.—(1) The Cleaner Road Transport Vehicle Regulations 2011 M25 are amended as follows.

(2) In regulation 2(1)—

(a) omit the definitions of “contracting authority”, “established”, “national of a relevant State” and “relevant State”,

(b) in the appropriate place insert “ “contracting authority” has the meaning given to “ contracting authorities ” in regulation 2(1) of the Public Contracts Regulations 2015,”,

(c) in the definition of “contract notice” for “the Public Contracts Regulations 2006” substitute “ Part 2 of the Public Contracts Regulations 2015 ”,

(d) in the definition of “declaration of ineffectiveness” for “regulation 47(1) of the Public Contracts Regulations 2006” substitute “ regulation 88(1) of the Public Contracts Regulations 2015 ”,

(e) in the definition of “economic operator” for “Public Contracts Regulations 2006” substitute “ Public Contracts Regulations 2015 ”, and

(f) in the definition of “procurement procedure” for sub-paragraph (a) substitute—

““the open procedure, the restricted procedure, the competitive procedure with negotiation, competitive dialogue, the negotiated procedure without prior publication or an innovation partnership within the meaning of the Public Contracts Regulations 2015;””.

(3) In regulation 3—

(a) in paragraph (3)(a) for “the Public Contracts Regulations 2006” substitute “ Part 2 of the Public Contracts Regulations 2015 ”,

(b) in paragraph (4)(a) for “Public Contracts Regulations 2006 by regulation 8 (thresholds)” substitute “ Public Contracts Regulations 2015 by regulation 5 (threshold amounts) ”.

(4) In regulation 6—

(a) in paragraph (2) for “Part 9 of the Public Contracts Regulations 2006” substitute “ Part 3 of the Public Contracts Regulations 2015 ”,

(b) in paragraph 2(a) for “regulation 47A” substitute “ regulation 89 ”,

(c) in paragraph (4) for “Part 9 of the Public Contracts Regulations 2006” substitute “ Part 3 of the Public Contracts Regulations 2015 ”,

(d) in paragraph (4)(a) for “a national of and established in a relevant State” substitute “ a national of or established in an EEA state ”.

Marginal Citations

M25 S.I. 2011/1631.

Defence and Security Public Contracts Regulations 2011 U.K.

19.—(1) The Defence and Security Regulations are amended as follows.

(2) In regulation 2(2) for “will” substitute “ must ”.

(3) In regulation 3(1)—

(a) in the definition of “central purchasing body” for “regulation 3 of the Public Contracts Regulations 2006 M26 ” substitute “ regulation 2(1) of the Public Contracts Regulations 2015 ”,

(b) in the definition of “disabled person” omit the words “and “disabled person” is to be interpreted accordingly”, and

(c) in the definition of “supply contract” for—

(i) “(c)” substitute “(a)”,

(ii) “(d)” substitute “(b)”.

(4) In regulation 4(a) for “a “contracting authority” within the meaning of regulation 3 of the Public Contracts Regulations 2006;” substitute “ “contracting authorities” within the meaning of regulation 2(1) of the Public Contracts Regulations 2015; ”.

(5) In regulation 6 for “the Public Contracts Regulations 2006”, in each place it occurs, substitute “ Part 2 of the Public Contracts Regulations 2015 ”.

(6) In regulation 7(1)(g) omit “, including existing buildings and other structures, land covered with water, and any estate, interest, easement, servitude or right in or over land”.

(7) In regulation 12(1) in the definition of “recognised bodies” omit “and “recognised body” shall be interpreted accordingly”.

(8) In regulations 16(2), 31(9) and 33(14) for sub-paragraph (b), in each place it occurs, substitute—

“(b) where the contracting authority is—

(i) a “body governed by public law” within the meaning of regulation 2(1) of the Public Contracts Regulations 2015 and the Secretary of State for Defence is the authority referred to in sub-paragraph (c) of that definition for that body or the financing, supervisory or appointing body,

(ii) an association formed by either the Secretary of State for Defence or one or more bodies governed by public law within the meaning of (i), or

(iii) a contracting authority within the meaning of regulation 3(1)(bb) of the Public Contracts (Scotland) Regulations 2012 M27 and the Secretary of State for Defence is “another contracting authority” within the meaning of that provision,

in which case the contracting authority must submit the report to the Ministry of Defence for onward transmission to the Commission.”.

(9) In regulation 21—

(a) in paragraph 5(b) for “price or the values” substitute “ values, which can include the price, ”, and

(b) omit paragraph (19).

(10) In regulation 46 for paragraph (3) substitute—

“(3) This paragraph applies where the contracting authority is—

(a) a “body governed by public law” within the meaning of regulation 2(1) of the Public Contracts Regulations 2015 and the Secretary of State for Defence is the authority referred to in sub-paragraph (c) of that definition for that body or the financing, supervisory or appointing body,

(b) an association formed by either the Secretary of State for Defence or one or more bodies governed by public law within the meaning of (i), or

(b) a contracting authority within the meaning of regulation 3(1)(bb) of the Public Contracts (Scotland) Regulations 2012 and the Secretary of State for Defence is “another contracting authority” within the meaning of that provision.”.

Marginal Citations

M26 S.I. 2006/5, amended by S.I. 2007/3542, 2008/2256, 2683, 2848, 2009/1307, 2992, 2010/133, 976, 2011/1043, 1848, 2053, 2581, 3058, 2013/252, 1431, 2014/834 and by the Enterprise and Regulatory Reform Act 2013 (c.24), Schedule 20, paragraph 2.

M27 S.S.I. 2012/88 amended by S.S.I. 2013/119; there is another amending instrument that is not relevant.

Schools Forums (England) Regulations 2012 U.K.

20.  In regulation 9 of the Schools Forum (England) Regulations 2012 M28 for “regulation 8” of the Public Contracts Regulations 2006” substitute “ regulation 5 of the Public Contracts Regulations 2015 ”.

Marginal Citations

M28 S.I. 2012/2261, to which there are amendments not relevant to these Regulations.

National Health Service (Procurement, Patient Choice and Competition) (No. 2) Regulations 2013 U.K.

21.  In regulations 13(3) and 17 of the National Health Service (Procurement, Patient Choice and Competition) (No. 2) Regulations 2013 M29 (and the corresponding entries in the table of contents for those Regulations) for “Public Contracts Regulations 2006”, in each place it occurs, substitute “ Public Contracts Regulations 2015 ”.

Marginal Citations

M29 S.I. 2013/500.

Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 U.K.

22.  The Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 M30 are amended as follows.

Marginal Citations

M30 S.I. 2013/1582.

23.  In regulation 6(2)— U.K.

(a) in sub-paragraph (a) for “the Public Contracts Regulations 2006 nor the Utilities Contracts Regulations 2006 M31 ” substitute “ the Utilities Contracts Regulations 2006 nor Part 2 of the Public Contracts Regulations 2015 ”,

(b) in sub-paragraph (c) omit sub-paragraph (i),

(c) in sub-paragraph (d) for “regulation 14 of the Public Contracts Regulations 2006” substitute “ regulation 32 of the Public Contracts Regulations 2015 ”.

Marginal Citations

M31 S.I. 2006/6, amended by S.I. 2008/2848, 2011/1043, 2053, 2012/1659, 2013/610; there are other amending instruments but none is relevant.

24.  In regulation 8(3)(a) for “the Public Contracts Regulations 2006 or the Utilities Contracts Regulations 2006” substitute “ the Utilities Contracts Regulations 2006 or Part 2 of the Public Contracts Regulations 2015 ”. U.K.

25.  The provisions of the Utilities Contracts Regulations 2006 applied by the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 have effect with the amendments of those provisions made by these Regulations. U.K.

Energy Savings Opportunity Scheme Regulations 2014 U.K.

26.  In regulation 16(2)(b)(i) of the Energy Savings Opportunity Scheme Regulations 2014 M32 for “a “contracting authority” as defined in regulation 3 of the Public Contracts Regulations 2006” substitute “ any of the “contracting authorities” as defined in regulation 2(1) of the Public Contracts Regulations 2015 ”.

Marginal Citations

M32 S.I. 2014/1643.

Tax Relief for Social Investments (Accreditation of Social Impact Contractor) Regulations 2014 U.K.

27.  In regulation 3(2)(a) of the Tax Relief for Social Investments (Accreditation of Social Impact Contractor) Regulations 2014 M33 for “regulation 3(1) of the Public Contracts Regulations 2006” substitute “ regulation 2(1) of the Public Contracts Regulations 2015 ”.

Marginal Citations

M33 S.I. 2014/3066.