SCHEDULE 1UTILITIES

Regulation 3

Relevant Person

Activity

CATEGORY 1 – WATER

PART A

Scottish Water.

A company holding an appointment as a water undertaker or a sewerage undertaker under the Water Industry Act 199142.

The Department for Regional Development (Northern Ireland).

The Water Services Agency (Northern Ireland).

1

The provision or operation of a fixed network which provides or will provide a service to the public in connection with the production, transport or distribution of drinking water.

2

Hydraulic engineering, irrigation or land drainage, but only if more than 20% of the total volume of water made available by such activity is intended for the supply of drinking water.

3

The disposal or treatment of sewage.

PART B

A relevant person not specified in Part C.

4

The supply of drinking water to a network referred to in paragraph 1.

PART C

A relevant person other than a contracting authority who produces drinking water because its consumption is necessary for the purpose of carrying out an activity not specified in the second column of this Schedule and who supplies only the excess to a network which is referred to in paragraph 1.

5

The supply of drinking water to a network referred to in paragraph 1 but only if the drinking water supplied in the period of 36 months ending at the relevant time as defined in regulation 11(19) has exceeded 30% of the total produced by the utility in that period.

CATEGORY 2 – ELECTRICITY

PART D

A person licensed under section 6 of the Electricity Act 198943.

A person licensed under article 10(1) of the Electricity (Northern Ireland) Order 199244.

6

The provision or operation of a fixed network which provides or will provide a service to the public in connection with the production, transport or distribution of electricity.

PART E

A relevant person not specified in Part F.

7

The supply of electricity to a network referred to in paragraph 6.

PART F

A relevant person other than a contracting authority who produces electricity because its use is necessary for the purpose of carrying out an activity not specified in the second column of this Schedule and who supplies only the excess to a network referred to in paragraph 6.

8

The supply of electricity to a network referred to in paragraph 6 but only if the electricity supplied in the period of 36 months ending at the relevant time as defined in regulation 11(19) has exceeded 30% of the total produced by the utility in that period.

CATEGORY 3 – GAS

PART G

A gas transporter as defined in section 7(1) of the Gas Act 198645

A person declared to be an undertaker for the supply of gas under article 8 of the Gas (Northern Ireland) Order 199646.

9

The provision or operation of a fixed network which provides or will provide a service to the public in connection with the production, transport or distribution of gas.

PART H

A relevant person not specified in Part I.

10

The supply of gas to a network referred to in paragraph 9.

PART I

A relevant person other than a contracting authority who produces gas only as the unavoidable consequence of carrying out an activity not specified in the second column of this Schedule and who supplies gas for the sole purpose of the economic exploitation of the production to a network referred to in paragraph 9.

11

The supply of gas to a network referred to in paragraph 9 but only if the total consideration payable in the period of 36 months ending at the relevant time as defined in regulation 11(19) on account of such supply has exceeded 20% of the total turnover of the utility in that period.

CATEGORY 4 – HEAT

PART J

A local authority.

A person licensed under section 6(1)(a) of the Electricity Act 1989 whose licence includes the provisions referred to in section 10(3) of that Act.

The Northern Ireland Housing Executive.

12

The provision or operation of a fixed network which provides or will provide a service to the public in connection with the production, transport or distribution of heat.

PART K

A relevant person not specified in Part L.

13

The supply of heat to a network referred to in paragraph 12.

PART L

A relevant person other than a contracting authority who produces heat as the unavoidable consequence of carrying out an activity not specified in the second column of this Schedule and who supplies heat for the sole purpose of the economic exploitation of the production to a network referred to in paragraph 12.

14

The supply of heat to a network referred to in paragraph 12 but only if the total consideration payable in the 36 months ending at the relevant time as defined in regulation 11(19) on account of such supply has exceeded 20% of the total turnover of the utility in that period.

CATEGORY 5 – EXPLORATION AND EXTRACTION OF OIL AND GAS

PART M

A person operating by virtue of a licence granted or having effect as if granted under the Petroleum Act 199847.

A person licensed under the Petroleum (Production) Act (Northern Ireland) 196448.

15

The exploitation of a geographical area for the purpose of exploring for or extracting oil or gas.

CATEGORY 6 – COAL AND OTHER SOLID FUEL

PART N

Any licensed operator (within the meaning of the Coal Industry Act 199449).

The Department of Enterprise, Trade and Investment (Northern Ireland).

A person operating by virtue of a prospecting licence, a mining lease, a mining licence or a mining permission as defined by section 57(1) of the Mineral Development Act (Northern Ireland) 196950.

16

The exploitation of a geographical area for the purposes of exploring for or extracting coal or other solid fuel.

CATEGORY 7 – TRANSPORT

PART O

A local authority.

An airport operator within the meaning of the Airports Act 198651 who has the management of an airport subject to economic regulation under Part IV of that Act

Highlands and Islands Airports Limited.

An airport operator within the meaning of the Airports (Northern Ireland) Order 199452.

Any other relevant person.

17

The exploitation of a geographical area for the purpose of providing airport or other terminal facilities to carriers by air.

PART P

A harbour authority within the meaning of section 57 of the Harbours Act 196453.

British Waterways Board.

A local authority.

A harbour authority as defined by section 38(1) of the Harbours Act (Northern Ireland) 197054.

Any other relevant person.

18

The exploitation of a geographical area for the purpose of providing maritime or inland port or other terminal facilities to carriers by sea or inland waterway.

PART Q

Network Rail.

Eurotunnel plc.

Scottish Ministers

Strathclyde Passenger Transport Executive

A local transport authority or passenger authority within the meaning of section 124(3) of the Transport Act 2000 which has made a quality contracts scheme under section 124(4) of that Act.

A person awarded a quality contract within the meaning of section 124 of the Transport Act 2000

A Regional Transport Partnership created by virtue of section 1 of the Transport (Scotland) Act 200555

Any other relevant person.

19

The provision or operation of a network providing a service to the public in the field of transport by railway.

PART R

A local transport authority within the meaning of section 82(1) of the Transport (Scotland) Act 200156

Any relevant person.

20

The provision or operation of a network providing a service to the public in the field of transport by automated systems, tramway, trolleybus, or cable.

PART S

A local transport authority within the meaning of section 82(1) of the Transport (Scotland) Act 2001 which has made a quality contracts scheme under section 13(4) of that Act.

A person awarded a quality contract within the meaning of section 13 of the Transport (Scotland) Act 2001.

Any other relevant person.

21

The provision or operation of a network providing a service to the public in the field of transport by bus.

SCHEDULE 2ACTIVITIES CONSTITUTING WORKS

Regulation 2(1)

Section F

Construction

Division

Group

Class

Subject

Notes

CPV Code

45

Construction

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

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

Building site drainage

Drainage of agricultural or forestry land

45110000

45.12

Test drilling and boring

Test drilling, test boring and core sampling for construction, geophysical, geological or similar purposes

45120000

45.2

Building of complete constructions or parts thereof; civil engineering

45200000

45.21

General construction of buildings and civil engineering works

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

45210000

45.22

Erection of roof covering and frames

Erection of roofs

Roof covering

Waterproofing

45220000

45.23

Construction of highways, roads, airfields and sport facilities

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

45230000

45.24

Construction of water projects

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

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

45250000

45.3

Building installation

45300000

45.31

Installation of electrical wiring and fittings

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.

45310000

45.32

Insulation work activities

Installation in buildings or other construction projects of thermal, sound or vibration insulation

45320000

45.33

Plumbing

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

45330000

45.34

Other building installation

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.

45340000

45.4

Building completion

45400000

45.41

Plastering

Application in buildings or other construction projects of interior and exterior plaster or stucco, including related lathing materials

45410000

45.42

Joinery installation

Installation of non 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.

45420000

45.43

Floor and wall covering

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

Interior and exterior painting of buildings

Painting of civil engineering structures

Installation of glass, mirrors etc

45440000

45.45

Other building completion

Installation of private swimming pools steam cleaning, sand blasting and similar activities for building exteriors

Other building completion and finishing work n.e.c.

45450000

45.5

Renting of construction or demolition equipment with operator

45500000

45.50

Renting of construction or demolition equipment with operator

45500000

SCHEDULE 3CATEGORIES OF SERVICES

Regulation 2(2)

Part A

Category

Services

CPC Reference No.

CPV Code

1.

Maintenance and repair of vehicles and equipment

6112, 6122, 633, 886

from 50100000 to 50982000 (except for 50310000 to 50324200 and 50116510-9, 50190000-3, 50229000-6, 50243000-0)

2.

Transport by land, including armoured car services and courier services but not including transport of mail and transport by rail

712 (except 71235), 7512, 87304

from 60112000-6 to 60129300-1 (except 60121000 to 60121600, 60122200-1, 60122230-0), and from 64120000-3 to 64121200-2

3.

Transport by air but not transport of mail

73 (except 7321)

from 62100000-3 to 62300000-5 (except 62121000-6, 62221000-7)

4.

Transport of mail by land, other than by rail, and by air

71235, 7321

60122200-1, 60122230-0 62121000-6, 62221000-7

5.

Telecommunications services

752

from 64200000-8 to 64228200-2, 72318000-7, and

from 72530000-9 to 72532000-3

6.

Financial services:

  1. a

    Insurance services

  2. b

    Banking and investment services other than financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments and central bank services

Ex 81, 812, 814

from 66100000-1 to 66430000-3 and

from 67110000-1 to 67262000-1

7.

Computer and related services

84

from 50300000-8 to 50324200-4, from 72100000-6 to 72591000-4 (except 72318000-7 and from 72530000-9 to 72532000-3)

8.

Research and development services where the benefits accrue exclusively to the utility for its use in the conduct of its own affairs and the services are to be wholly paid for by the utility

85

from 73000000-2 to 73300000-5 (except 73200000-4, 73210000-7, 7322000-0)

9.

Accounting, auditing and book-keeping services

862

from 74121000-3 to 74121250-0

10.

Market research and public opinion polling services

864

from 74130000-9 to 74133000-0, and 74423100-1, 74423110-4

11.

Management consultancy services and related services, but not arbitration and conciliation services

865, 866

from 73200000-4 to 73220000-0, from 74140000-2 to 74150000-5 (except 74142200-8), and 74420000-9, 74421000-6, 74423000-0, 74423200-2, 74423210-5, 74871000-5, 93620000-0

12.

Architectural services: engineering services and integrated engineering services: urban planning and landscape architectural services: related scientific and technical consulting services: technical testing and analysis services

867

from 74200000-1 to 74276400-8, and

from 74310000-5 to 74323100-0, and 74874000-6

13.

Advertising services

871

from 74400000-3 to 74422000-3 (except 74420000-9 and 74421000-6)

14.

Building-cleaning services and property management services

874, 82201 to 82206

from 70300000-4 to 70340000-6, and 74710000-9 to 74760000-4

15.

Publishing and printing services on a fee or contract basis

88442

from 78000000-7 to 78400000-1

16.

Sewage and refuse disposal service: sanitation and similar services

94

from 90100000-8 to 90320000-6, and 50190000-3, 50229000-6, 50243000-0

Part B

Category

Services

CPC Reference No.

CPV Code

17.

Hotel and restaurant services

64

from 55000000-0 to 55524000-9, and from 93400000-2 to 93411000-2

18.

Transport by rail

711

60111000-9, and from 60121000-2 to 60121600-8

19.

Transport by water

72

from 61000000-5 to 61530000-9, and from 63370000-3 to 63372000-7

20.

Supporting and auxiliary transport services

74

62400000-6, 62440000-8, 62441000-5, 62450000-1, from 63000000-9 to 63600000-5 (except 63370000-3, 63371000-0, 63372000-7), and 74322000-2, 93610000-7

21.

Legal services

861

from 74110000-3 to 74114000-1

22.

Personnel placement and supply services

872

from 74500000-4 to 74540000-6 (except 74511000-4), and from 95000000-2 to 95140000-5

23.

Investigation and security services, other than armoured car services

873 (except 87304)

from 74600000-5 to 74620000-1

24.

Education and vocational education services

92

from 80100000-5 to 80430000-7

25.

Health and social services

93

74511000-4, and from 85000000-9 to 85323000-9 (except 85321000-5 and 85322000-2)

26.

Recreational, cultural and sporting services

96

from 74875000-3 to 74875200-5, and from 92000000-1 to 92622000-7 (except 92230000-2)

27.

Other services

SCHEDULE 4EXTENSION TO NON MEMBER STATES

Regulations 2(1) and 4(4)

Relevant States

Agreement with the European Union which extends the provisions relating to public procurement to the relevant State

Statutory provisions designating the agreements as European Treaties

1

2

3

1

Bulgaria

Europe Agreement57

S.I. 1994/758

2

Iceland

European Economic Area Agreement58

European Economic Area Act 199359, section 1

3

Liechtenstein

European Economic Area Agreement

European Economic Area Act 1993, section

4

Norway

European Economic Area Agreement

European Economic Area Act 1993, section

5

Romania

Europe Agreement60

S.I. 1994/760