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The Utilities Contracts (Scotland) Regulations 2016
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The Utilities Contracts (Scotland) Regulations 2016, Section 42 is up to date with all changes known to be in force on or before 26 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Regulation 42:
- Regulations applied by 2023 c. 54 s. 119(2)(b)
Choice of proceduresS
This section has no associated Policy Notes
42.—(1) When undertaking a procurement a utility must apply procedures that conform to these Regulations.
(2) A utility must apply one of the following procedures—
(a)an open procedure;
(b)a restricted procedure;
(c)a negotiated procedure with a prior call for competition;
(d)a competitive dialogue;
(e)an innovation partnership;
(f)a negotiated procedure without a prior call for competition.
(3) The procedures referred to in paragraph (2)(a) to (e) must include publication of a call for competition.
(4) The procedure referred to in paragraph (2)(f) does not require publication of a call for competition but it must only be used in one of the cases set out in regulation 48 (use of the negotiated procedure without prior call for competition).
(5) A call for competition may be made by means of—
F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)a notice on the existence of a qualification system in accordance with regulation 66 (notices on the existence of a qualification system) but only where the contract is to be awarded following a restricted or negotiated procedure, competitive dialogue or innovation partnership; or
(c)a contract notice in accordance with regulation 67 (contract notices).
F2(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) Nothing in these Regulations prevents a utility which has commenced a procurement from terminating that procurement at any time.
Textual Amendments
F1Reg. 42(5)(a) omitted (30.5.2023) by virtue of The Public Procurement (Miscellaneous Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/124), regs. 2, 5(6)(a) (with reg. 3)
F2Reg. 42(6) omitted (30.5.2023) by virtue of The Public Procurement (Miscellaneous Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/124), regs. 2, 5(6)(b) (with reg. 3)
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