The Utilities Contracts (Scotland) Regulations 2012

Scottish Statutory Instruments

2012 No. 89

Public Procurement

The Utilities Contracts (Scotland) Regulations 2012

Made

14th March 2012

Laid before the Scottish Parliament

16th March 2012

Coming into force

1st May 2012

The Scottish Ministers make the following Regulations, in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972(1) and all other powers enabling them to do so.

These Regulations make provision for a purpose mentioned in that section and it appears to the Scottish Ministers that it is expedient for the references to the European Parliament and Council Directives 2004/18/EC concerning the procedure for the award of certain public contracts and 2004/17/EC co-ordinating the procurement procedures of entities operating in the water, energy transport and postal service sectors to be construed as references to those Directives as amended from time to time.

(1)

1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46) (“the 1998 Act”), Schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7), Schedule, Part 1. The functions conferred upon the Minister of the Crown by section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.