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The Utilities Contracts (Scotland) Regulations 2016
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The Utilities Contracts (Scotland) Regulations 2016, Section 65 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 65:
- Regulations applied by 2023 c. 54 s. 119(2)(b)
Periodic indicative noticesS
This section has no associated Policy Notes
65.—(1) A utility may make known its intentions of a planned procurement through the publication of a periodic indicative notice.
(2) A periodic indicative notice must contain the information set out in section I of Part A of Annex VI to the Utilities Contracts Directive [F1, but as if both references to “dispatch of the notice” in paragraph 4 were references to the submission of the notice to the UK e-notification service for the purposes of these Regulations].
(3) A utility wishing to publish a periodic indicative notice must—
(a)[F2submit] it for publication in accordance with regulation 69 ([F3publication on the UK e-notification service]); or
(b)publish it on the utility’s buyer profile in accordance with regulation 70 (publication at national level).
(4) Where the utility intends to publish the periodic indicative notice on its buyer profile, the utility must [F4submit] for publication, in accordance with regulation 69 ([F5publication on the UK e-notification service]), a notice of the publication on its buyer profile.
(5) The notice of publication referred to in paragraph (4) must contain the information set out in Part B of Annex VI to the Utilities Contracts Directive [F6, but as if “date of dispatch” in paragraph 5 were a reference to the date on which the notice is submitted to the UK e-notification service for the purposes of these Regulations].
F7(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) [F9The] period covered by a periodic indicative notice must be a maximum of 12 months from the date on which the notice is sent for publication.
F10(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in reg. 65(2) inserted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(36)(a) (with sch. paras. 1-5)
F2Word in reg. 65(3)(a) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(36)(b)(i) (with sch. paras. 1-5)
F3Words in reg. 65(3)(a) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(36)(b)(ii) (with sch. paras. 1-5)
F4Word in reg. 65(4) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(36)(c)(i) (with sch. paras. 1-5)
F5Words in reg. 65(4) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(36)(c)(ii) (with sch. paras. 1-5)
F6Words in reg. 65(5) inserted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(36)(d) (with sch. paras. 1-5)
F7Reg. 65(6) omitted (30.5.2023) by virtue of The Public Procurement (Miscellaneous Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/124), regs. 2, 5(17)(a) (with reg. 3)
F8Reg. 65(7) omitted (30.5.2023) by virtue of The Public Procurement (Miscellaneous Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/124), regs. 2, 5(17)(a) (with reg. 3)
F9Word in reg. 65(8) substituted (30.5.2023) by The Public Procurement (Miscellaneous Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/124), regs. 2, 5(17)(b) (with reg. 3)
F10Reg. 65(9) omitted (30.5.2023) by virtue of The Public Procurement (Miscellaneous Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/124), regs. 2, 5(17)(c) (with reg. 3)
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