- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (a wnaed Fel)
The Concession Contracts Regulations 2016 is up to date with all changes known to be in force on or before 20 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
Regulation 2(1)
In this Schedule, ‘NACE’ has the same meaning as in Council Regulation (EEC) No 3037/90 on the classification of economic activities in the European Community [F1as that Regulation had effect in EU law immediately before [F2IP completion day]], and numerical references in the columns relating to the NACE relate to the Annex to that Regulation. In the event of any difference of interpretation between the CPV and the NACE, 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 |
Textual Amendments
F1Words in Sch. 1 inserted (31.12.2020) by The UK Statistics (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/489), regs. 1, 6; 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Sch. 1 substituted (15.12.2021) by The UK Statistics (Amendment etc.) (EU Exit) Regulations 2021 (S.I. 2021/1300), regs. 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
[F4North Macedonia, Republic of]
Norway
the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu
Singapore
Switzerland
Ukraine
United States]
Textual Amendments
F4Words in Sch. 1A inserted (28.11.2023) by The Public Procurement (Agreement on Government Procurement) (Amendment) Regulations 2023 (S.I. 2023/1169), regs. 1(1), 3(3)
Regulation 4
1.—(1) In the case of gas and heat, 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) of gas or heat to fixed networks which provide a service to the public shall not be considered a relevant activity within the meaning of sub-paragraph (1) where both 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 one referred to in this paragraph or in paragraphs 2 and 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 3 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.
2.—(1) In the case of electricity, 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) of electricity to fixed networks which provide a service to the public shall not be considered a relevant activity within the meaning of sub-paragraph (1) where both 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 one referred to in this paragraph or paragraphs 1 and 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 3 years, including the current year.
(3) In this paragraph, “supply” includes the generation, production, wholesale and retail sale of electricity.
3.—(1) 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 where 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.
4. 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.
5.—(1) 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 that are not directly exposed to competition within the meaning of regulation 34(2) of the Utilities Contracts Regulations 2016 M1.
(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 M2;
(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 items for posting not included in the definition of “postal item” in this paragraph, such as direct mail bearing no address.
6. 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.
Regulation 19
Description | CPV Code |
---|---|
796110000-0, 75200000-8, 75231200-6, 75231240-8, 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 853230000-9, 85143000-3, 98133100-5, 98133000-4 and 98200000-5 and 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 92342200-2; from 92360000-2 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 under regulation 10(11)(d) |
75100000-7 to 75120000-3, 75123000-4, 75125000-8 to 75131000-3 | Other administrative services and government services |
75200000-8 to 75231000-4 | Provision of services to the community |
75231210-9 to 75231230-5, 75240000-0 to 75252000-7, 79430000-7, 98113100-9 | Prison related services, public security and rescue services to the extent not excluded under regulation 10(11)(g) |
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 |
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 |
98900000-2 (services provided by extra-territorial organisations and bodies) 98910000-5 (services specific to international organisations and bodies) | International services |
Regulation 51B
Textual Amendments
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.
[F6Free 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
F6Words in Sch. 4 inserted (27.6.2022) by The Public Procurement (International Trade Agreements) (Amendment) Regulations 2022 (S.I. 2022/766), regs. 1(1), 3(2) (with reg. 9)
F7[F8... Free 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
F7Words in Sch. 4 omitted (26.5.2023) by virtue of The Public Procurement (International Trade Agreements) (Amendment) (Wales) (No. 2) Regulations 2023 (S.I. 2023/567), regs. 1(2), 3(4) (with reg. 5)
F8Words in Sch. 4 inserted (25.5.2023) by The Public Procurement (International Trade Agreements) (Amendment) Regulations 2023 (S.I. 2023/484), regs. 1(2), 3(4) (with reg. 5)
[F9Comprehensive and Progressive Agreement for Trans-Pacific Partnership, signed at Santiago on 8 March 2018, including the Protocol on the Accession of the United Kingdom of Great Britain and Northern Ireland to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, signed at Auckland and Bandar Seri Begawan on 16 July 2023.]]
Textual Amendments
F9Words in Sch. 4 inserted (coming into force in accordance with s. 7(1) of the amending Act) by Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024 (c. 6), Sch. para. 7 (with Sch. paras. 23-26)
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