2008 No. 291

PUBLIC PROCUREMENT

The Public Contracts and Utilities Contracts (Common Procurement Vocabulary Codes) Amendment (Scotland) Regulations 2008

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 19721.

Citation, commencement, interpretation and extent1

1

These Regulations may be cited as the Public Contracts and Utilities Contracts (Common Procurement Vocabulary Codes) Amendment (Scotland) Regulations 2008 and come into force on 23rd September 2008.

2

These Regulations extend to Scotland only.

3

In these Regulations–

  • “contracting authority” has the meaning given to it by regulation 3 of the Public Contracts Regulations;

  • “economic operator” has the meaning given by regulation 4 of the Public Contracts Regulations;

  • “framework agreement” means an agreement or other arrangement between one or more contracting authorities and one or more economic operators which establishes the terms (in particular the terms as to price and, where appropriate, quantity) under which the economic operator will enter into one or more contracts with a contracting authority in the period during which the framework agreement applies;

  • “Public Contracts Regulations” means the Public Contracts (Scotland) Regulations 20062;

  • “Utilities Contracts Regulations” means the Utilities Contracts (Scotland) Regulations 20063; and

  • “utility” has the meaning given in regulation 3 of the Utilities Contracts Regulations.

Amendment of the Public Contracts Regulations2

1

The Public Contracts Regulations are amended as follows.

2

In regulation 2(1)(interpretation), in the definition of “Common Procurement Vocabulary”, after “and of the Council on the Common Procurement Vocabulary” insert “as amended by Commission Regulation (EC) No. 213/2008 amending Regulation (EC) No. 2195/2002 of the European Parliament and of the Council on the Common Procurement Vocabulary (CPV) and Directives 2004/17/EC and 2004/18/EC of the European Parliament and of the Council on public procurement procedures, as regards the revision of the CPV4”.

3

For Schedule 2 (activities constituting works) substitute the Schedule contained in Schedule 1 to these Regulations.

4

For Schedule 3 (categories of services) substitute the Schedule contained in Schedule 2 to these Regulations.

Amendment of the Utilities Contracts Regulations3

1

The Utilities Contracts Regulations are amended as follows.

2

In regulation 2(1)(interpretation), in the definition of “Common Procurement Vocabulary”, after “and of the Council on the Common Procurement Vocabulary” insert “as amended by Commission Regulation (EC) No 213/2008 amending Regulation (EC) No. 2195/2002 of the European Parliament and of the Council on the Common Procurement Vocabulary (CPV) and Directives 2004/17/EC and 2004/18/EC of the European Parliament and of the Council on public procurement procedures, as regards the revision of the CPV”.

3

For Schedule 2 (activities constituting works) substitute the Schedule contained in Schedule 1 to these Regulations.

4

For Schedule 3 (categories of services) substitute the Schedule contained in Schedule 2 to these Regulations, but as adapted for this purpose by the substitution of the words “the utility” for the words “the contracting authority” in both places where they appear in the second column of the entry for category 8.

Transitional provision4

1

A contracting authority, or as the case may be a utility, in relation to any contract awarded by it or framework agreement concluded by it prior to the coming into force of these Regulations, may treat the references to Schedules 2 and 3 in the regulations specified in paragraph (2) as references to those Schedules before their amendment by these Regulations.

2

The specified regulations are–

a

regulation 40(1)(f) (statistical and other reports) of the Public Contracts Regulations; and

b

regulation 38(3) and (4) (statistical and other reports) of the Utilities Contracts Regulations.

JOHN SWINNEYA member of the Scottish ExecutiveSt Andrew’s House,Edinburgh

SCHEDULE 1

Regulations 2(3) and 3(3)

 

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

45110000

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

45.12

Test drilling and boring

Test drilling, test boring and core sampling for construction, geo-physical, 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

45210000

Except:

45213316

45220000

45231000

45232000

Bridges, including those for elevated highways, viaducts, tunnels and subways

Long-distance pipelines, urban communication and power lines

Ancillary urban works

Assembly and erection of prefabricated constructions on the site

45.22

Erection of roof covering and frames

Erection of roofs

45261000

Roof covering

Waterproofing

45.23

Construction of highways, roads, airfields and sport facilities

Construction of highways, streets, roads, other vehicular and pedestrian ways

Construction of railways

45212212 and DA03 45230000

Except:

45231000

45232000

45234115

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

45.24

Construction of water projects

Construction of:

45240000

waterways, harbour and river works, pleasure ports (marinas), locks, etc.

dams and dykes

dredging

subsurface work

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

45250000

45262000

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

45.3

Building installation

45300000

45.31

Installation of electrical wiring and fittings

Installation in buildings or other construction projects of:

45213316

45310000

Except:

45316000

electrical wiring and fittings

telecommunications systems

electrical heating systems

residential antennas and aerials

fire alarms

burglar alarm systems

lifts and escalators

lightning conductors, etc.

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:

45330000

plumbing and sanitary equipment

gas fittings

heating, ventilation, refrigeration or air-conditioning equipment and ducts

sprinkler systems

45.34

Other building installation

Installation of illumination and signalling systems for roads, railways, airports and harbours

45234115

45316000

45340000

Installation in buildings or other construction projects of fittings and fixtures n.e.c.

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

45420000

Interior completion such as ceilings, wooden wall coverings, movable partitions, etc.

45.43

Floor and wall covering

Laying, tiling, hanging or fitting in buildings or other construction projects of:

45430000

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

45.44

Painting and glazing

Interior and exterior painting of buildings

45440000

Painting of civil engineering structures

Installation of glass, mirrors, etc.

45.45

Other building completion

Installation of private swimming pools

45212212 and DA04 45450000

Steam cleaning, sand blasting and similar activities for building exteriors

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

45.5

Renting of construction or demolition equipment with operator

45500000

45.50

Renting of construction or demolition equipment with operator

45500000

SCHEDULE 2

Regulations 2(4) and 3(4)

 

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 50100000-6 to 50884000-5 (except for 50310000-1 to 50324200-4 and 50116510-9, 50190000-3, 50229000-6, 50243000-0), and from 51000000-9 to 51900000-1

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 60100000-9 to 60183000-4 (except 60160000-7, 60161000-4, 60220000-6), and from 64120000-3 to 64121200-2

3

Transport by air but not transport of mail

73 (except 7321)

from 60410000-5 to 60424120-3 (except 60411000-2, 60421000-5), and 60500000-3, and from 60440000-4 to 60445000-9

4

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

71235, 7321

60160000-7, 60161000-4

60411000-2, 60421000-5

5

Telecommunications services

752

from 64200000-8 to 64228200-2, 72318000-7, and from 72700000-7 to 72720000-3

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 66720000-3

7

Computer and related services

84

from 50310000-1 to 50324200-4, from 72000000-5 to 72920000-5 (except 72318000-7 and from 72700000-7 to 72720000-3), 79342410-4

8

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

85

from 73000000-2 to 73436000-7 (except 73200000-4, 73210000-7, 73220000-0)

9

Accounting, auditing and book-keeping services

862

from 79210000-9 to 79223000-3

10

Market research and public opinion polling services

864

from 79300000-7 to 79330000-6 and 79342310-9, 79342311-6

11

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

865, 866

from 73200000-4 to 73220000-0, from 79400000-8 to 79421200-3 and 79342000-3, 79342100-4, 79342300-6, 79342320-2, 79342321-9, 79910000-6, 79991000-7, 98362000-8

12

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

867

from 71000000-8 to 71900000-7 (except 71550000-8) and 79994000-8

13

Advertising services

871

from 79341000-6 to 79342200-5 (except 79342000-3 and 79342100-4)

14

Building-cleaning services and property management services

874, 82201 to 82206

from 70300000-4 to 70340000-6, and from 90900000-6 to 90924000-0

15

Publishing and printing services on a fee or contract basis

88442

from 79800000-2 to 79824000-6, and from 79970000-6 to 79980000-7

16

Sewage and refuse disposal services; sanitation and similar services

94

from 90400000-1 to 90743200-9 (except 90712200-3), from 90910000-9 to 90920000-2 and 50190000-3, 50229000-6, 50243000-0

Part B

Category

Services

CPC Reference No

CPV Code

17

Hotel and restaurant services

64

55100000-1 to 55524000-9 and from 98340000-8 to 98341100-6

18

Transport by rail

711

from 60200000-0 to 60220000-6

19

Transport by water

72

from 60600000-4 to 60653000-0, and from 63727000-1 to 63727200-3

20

Supporting and auxiliary transport services

74

from 63000000-9 to 63734000-3 (except 63711200-8, 63712700-0, 63712710-3, and from 63727000-1 to 63727200-3), and 98361000-1

21

Legal services

861

from 79100000-5 to 79140000-7

22

Personal placement and supply services

872

from 79600000-0 to 79635000-4 (except 79611000-0, 79632000-3, 79633000-0), and from 98500000-8 to 98514000-9

23

Investigation and security services, other than armoured car services

873 (except 87304)

from 79700000-1 to 79723000-8

24

Education and vocational education services

92

from 80100000-5 to 80660000-8 (except 80533000-9, 80533100-0, 80533200-1)

25

Health and social services

93

79611000-0 and from 85000000-9 to 85323000-9 (except 85321000-5 and 85322000-2)

26

Recreational, cultural and sporting services

96

from 79995000-5 to 79995200-7, and from 92000000-1 to 92700000-8 (except 92230000-2, 92231000-9, 92232000-6)

27

Other services

(This note is not part of the Regulations)

These Regulations amend the Public Contracts (Scotland) Regulations 2006 (“the Public Contracts Regulations”) and the Utilities Contracts (Scotland) Regulations 2006 (“the Utilities Contracts Regulations”).

Directive 2004/17/EC of the European Parliament and of the Council (OJ L134, 30.4.2004, p.1) (“the Utilities Directive”) concerns the co-ordination of procurement procedures of entities operating in the water, energy, transport and postal service sectors. Directive 2004/18/EC of the European Parliament and of the Council (OJ L134, 30.4.2004, p.114) (“the Public Sector Directive”) concerns the co-ordination of procedures for the award of public works contracts, public supply contracts and public service contracts. Those Directives have been implemented for Scotland by the Utilities Contracts Regulations and the Public Contracts Regulations respectively.

Commission Regulation (EC) 213/2008 (“the CPV Regulation”) concerning public procurement procedures, as regards the revision of the Common Procurement Vocabulary amends Annexes I, IIA and IIB of the Public Sector Directive and Annexes XII, XVIIA and XVIIB of the Utilities Directive which list the activities, along with their Common Procurement Vocabulary (“CPV”) codes, which constitute public works and public services for the purposes of the two Directives.

The CPV Regulation does not change the material scope of the Public Sector Directive or of the Utilities Directive.

Regulations 2 and 3 amend the Public Contracts Regulations and the Utilities Contracts Regulations to reflect the amendments to the Public Sector Directive and Utilities Directive made by the CPV Regulation.

Regulation 4 makes transitional provision for both the Public Contracts Regulations and the Utilities Contracts Regulations so as to enable a contracting authority or a utility, in certain circumstances, to treat references to Schedule 2 (activities constituting works) and Schedule 3 (categories of services) within specified regulations as references to those Schedules before amendment by these Regulations, with the effect that the previous CPV codes will continue to apply to those contracts and framework agreements concluded prior to the coming into force date of these Regulations.

A full regulatory impact assessment has not been produced as no impact on the private and voluntary sectors is foreseen.