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The Public Contracts (Scotland) Regulations 2006
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- Scottish Statutory Instruments
- 2006 No. 1
- PART 6
- Regulation 35
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Changes and effects yet to be applied to Regulation 35:
- Part 9 (regs 47 - 47C) appl (mod) by S.S.I. 2010/390 reg 6
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
- Blanket amendment words substituted by S.I. 2011/1043 art. 3-6 8-10
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Regulations revoked by S.S.I. 2012/88 reg. 51 53 Sch. 7 Pt. A
- reg. 6(2)(n) inserted by S.I. 2011/1848 Sch. 4 para. 2(4)
- reg 47A - 47C added (with transtl provns) by S.S.I. 2009/428 regs 2 3
Subsidised housing scheme works contractsS
This section has no associated Executive Note
35.—(1) For the purpose of seeking offers in relation to a subsidised housing scheme works contract to which the circumstances of paragraph (2) apply, a contracting authority may, except as indicated in the following paragraphs, depart from the provisions of these Regulations insofar as it is necessary to do so to select the contractor which is most suitable for integration into the team referred to in paragraph (2).
(2) The circumstances referred to in paragraph (1) are where the size and complexity of the scheme and the estimated duration of the works involved require that the planning of the scheme be based from the outset on a close collaboration of a team comprising representatives of the contracting authority, experts and the contractor.
(3) The contracting authority shall comply with the provisions of–
(a)regulations 4(3), 11, 31, 32, 42 and 44; and
(b)the time limits referred to in regulations 15, 16, 17 and 18.
(4) The contracting authority shall include in the contract notice a job description which is as accurate as possible so as to enable contractors to form a valid idea of the scheme and of the minimum standards relating to the business or professional status, the economic and financial standing, the technical ability and any quality assurance standards which the contractor awarded the contract will be expected to fulfil in accordance with regulations 23, 24, 25 and 26.
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