The Utilities Contracts (Scotland) Regulations 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations consolidate the Utilities Contracts (Scotland) Regulations 2006 and all subsequent amendments (for a list of all amendments, see Schedule 5 to these Regulations). The Regulations also contain further amendments.

These Regulations implement, for Scotland, Directive 2004/17/EC of the European Parliament and of the Council on the co-ordination of procurement procedures of entities operating in the water, energy, transport and postal service sectors (OJ L 134, 30.4.2004, p.1) and Council Directive 92/13/EEC of 25th February 1992 on coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ L 76, 23.3.1992, p.14). The Regulations also implement, for Scotland, Directive 2007/66/EC of the European Parliament and Council of 11th December 2007 amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts (OJ L 335, 20.12.2007, p.31).

An amendment to regulation 26 changes the list of criminal offences relevant to the rejection of economic operators. These amendments include updating the list to include relevant offences created or consolidated since those Regulations were made. In particular, new bribery offences under the Bribery Act 2010 are incorporated and the relevance of previously existing bribery offences is limited to offences relating to active bribery as required by the applicable Directive. Regulation 26(5) is also amended to take account of debt relief orders and debt relief restriction orders, and to bring the provisions relating to misrepresentation closer into line with the wording of the Directive.

There are further amendments to reflect machinery of Government changes. These amendments include replacing references to the Office of Government Commerce with references to the Cabinet Office, and references to the Treasury with references to the Minister for the Cabinet Office and updating certain Treaty references to reflect changes made by the Treaty of Lisbon.

A full regulatory assessment of the effect that this Instrument will have on the costs of business has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Scottish Procurement Directorate’s website at www.scotland.gov.uk/topics/government/spd.