The Public Contracts and Utilities Contracts (Scotland) Amendment Regulations 2008

Amendments to the Utilities Contracts Regulations

3.—(1) The Utilities Contracts Regulations are amended as follows.

(2) In regulation 2(1) (interpretation), in the definition of “central purchasing body”, for “a utility which is a contracting authority and”, substitute “a contracting authority”.

(3) In regulation 5(1) (application) for “Subject to regulation 11(20), these Regulations” substitute “These Regulations”.

(4) In regulation 7(4) (exclusion of contracts awarded to affiliated undertakings or joint ventures) for “may” substitute “shall”.

(5) In regulation 11 (thresholds)–

(a) in paragraph (1) after “These Regulations” insert “, except paragraph (20) of this regulation,”; and

(b) in paragraph (20) after “advertising” insert “and follow a procedure leading to the award of the contract”.

(6) In regulation 34 (design contests)–

(a) in paragraph (2), for “the relevant threshold described in paragraph (4)” substitute “the amount set out in Article 61(1)”;

(b) in paragraph (3)(b), for “the relevant threshold described in paragraph (4)” substitute “the amount set out in Article 61(2).”; and

(c) omit paragraph (4).

(7) In regulation 38(4) (statistical and other reports), for sub-paragraph (b) substitute–

“(b) telecommunications services specified under CPV references 64221000-1, 64227000-3, 64228000-0, 64228100-1 and 64228200-2 within category 5 of Part A of Schedule 3; or”.

(8) In Schedule 4 (extension to non-member states), in the table, omit the entries for Bulgaria and Romania.