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

Citation, commencement, interpretation and extent

1.—(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–

“Public Contracts Regulations” means the Public Contracts (Scotland) Regulations 2006(1); and

“Utilities Contracts Regulations” means the Utilities Contracts (Scotland) Regulations 2006(2).

Amendment of the Public Contracts Regulations

2.—(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 Regulations

3.—(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 provision

4.—(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.

JOHN SWINNEY

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

17th November 2008