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The Utilities Contracts (Scotland) Regulations 2016
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The Utilities Contracts (Scotland) Regulations 2016, Section 61 is up to date with all changes known to be in force on or before 25 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 61:
- Regulations applied by 2023 c. 54 s. 119(2)(b)
Communication of technical specificationsS
This section has no associated Policy Notes
61.—(1) On request from an economic operator interested in obtaining a contract, a utility must make available—
(a)the technical specifications regularly referred to in their works, supplies or [F1service] contracts; F2...
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Subject to paragraph (3), the technical specifications referred to in paragraph (1) must be made available by electronic means of communication through unrestricted and full direct access free of charge.
(3) Technical specifications must be transmitted by means other than electronic means where unrestricted and full direct access free of charge by electronic means to certain procurement documents cannot be offered—
(a)for one of the reasons set out in regulations 38(3) or (5) (rules applicable to communication); or
(b)because the utility intends to apply regulation 37(3) (confidentiality).
(4) Where the technical specifications are based on documents available by electronic means through unrestricted and full direct access free of charge to interested economic operators, the inclusion of a reference to those documents must be sufficient.
Textual Amendments
F1Word in reg. 61(1)(a) substituted (1.7.2019) by The Public Procurement etc. (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/173), regs. 1(2), 2(5)
F2Reg. 61(1)(b) and word omitted (30.5.2023) by virtue of The Public Procurement (Miscellaneous Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/124), regs. 2, 5(15) (with reg. 3)
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