2008 No. 376
The Public Contracts and Utilities Contracts (Postal Services and 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 1972 M1.
Citation, commencement, interpretation and extent1
1
These Regulations may be cited as the Public Contracts and Utilities Contracts (Postal Services and Common Procurement Vocabulary Codes) Amendment (Scotland) Regulations 2008 and come into force on 12th December 2008.
2
These Regulations extend to Scotland only.
3
In these Regulations–
Amendment of the Public Contracts Regulations2
1
The Public Contracts Regulations are amended as follows.
2
In Schedule 1 (GPA Annex 1 Contracting Authorities) to the Public Contracts Regulations, omit “Postal Business of the Post Office”.
3
In Schedule 2 (Activities constituting works), in the column headed “Notes” in Class 45.21 (general construction of buildings and civil engineering works)–
a
after “long-distance pipelines,” and before “communication” omit “urban”; and
b
after the note relating to “long-distance pipelines, communication and power lines,” insert “
Urban pipelines, urban communication and power lines.
”
Amendment of the Utilities Contracts Regulations3
1
The Utilities Contracts Regulations are amended as follows.
2
In regulation 6 (general exclusions), at the end of paragraph (l)
(financial services) insert “
, except where these Regulations apply by virtue of Part T of Schedule 1 (see paragraph 23(d) in the second column of that Schedule)
”
.
3
In Schedule 1 (Utilities), after the table relating to category 7 insert the table contained in the Schedule to these Regulations.
4
In Schedule 2 (Activities constituting works), in the column headed “Notes” in Class 45.21 (general construction of buildings and civil engineering works)–
a
after “long-distance pipelines” and before “communication”, omit “urban”; and
b
after the note relating to “long-distance pipelines, communication and power lines”, insert “
Urban pipelines, urban communication and power lines
”
.
Transitional provision4
1
Nothing in these Regulations affects any contract award procedure or design contest commenced in accordance with the Public Contracts Regulations before 12th December 2008.
2
For that purpose, a procedure or contest has been commenced before 12th December 2008 if, before that date–
a
a contract notice has been sent to the Official Journal in accordance with the Public Contracts Regulations in order to invite offers or requests to be selected to tender for or to negotiate in respect of a proposed public contract;
b
in any case where there is no requirement to send a contract notice to the Official Journal in accordance with the Public Contracts Regulations, the contracting authority has despatched any form of advertisement seeking offers or expressions of interest in a proposed public contract;
c
where there is no such advertising, the contracting authority has contacted any economic operator in order to seek expressions of interest or offers in respect of a proposed public contract; or
d
the contracting authority has sent a notice to the Official Journal in accordance with the Public Contracts Regulations in order to hold a design contest.
3
Where a framework agreement has been concluded under the Public Contracts Regulations before 12th December 2008, nothing in these Regulations affects the award of any specific contract under that framework agreement.
4
Expressions used in this regulation have the meanings given in the Public Contracts Regulations.
SCHEDULE
CATEGORY 8 – POSTAL SERVICES
PART T
Royal Mail Group Limited.
Any other relevant person.
22
Activities relating to the provision of postal services. For the purposes of this paragraph:
a
“postal services” means services consisting of the clearance, sorting, routing and delivery of postal items; and
b
“postal items” means items addressed in the final form in which they are to be carried, irrespective of weight. In addition to items of correspondence, such items also include books, catalogues, newspapers, periodicals and postal packages containing merchandise with or without commercial value, irrespective of weight.
23
Activities relating to the provision of the following services, but only where the conditions specified in paragraph 24 are satisfied:
a
mail service management services (services both preceding and subsequent to despatch, such as “mailroom management services”);
b
added-value services linked to and provided entirely by electronic means (including the secure transmission of coded documents by electronic means, address management services and transmission of registered electronic mail);
c
services concerning postal items not included in paragraph 22, such as direct mail bearing no address;
d
financial services which are–
i
specified in category 6 of Part A of Schedule 3; or
ii
referred to in regulation 6(l) including in particular postal money orders and postal giro transfers;
e
philatelic services; and
f
logistics services (services combining physical delivery and/or warehousing with other non-postal functions).
24
In relation to any service described in paragraph 23, the conditions are that–
a
the service is provided by a relevant person which also provides services within paragraph 22; and
b
the conditions set out in Article 30(1) of the Utilities Directive are not satisfied in respect of the services within paragraph 22 which the relevant person is providing.
1972 c. 68. Section 2(2) was amended by the Scotland Act 1998 (c. 46), Schedule 8, paragraph 15 and the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1). The function conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.