- Latest available (Revised)
- Point in Time (01/05/2012)
- Original (As made)
Point in time view as at 01/05/2012.
There are currently no known outstanding effects for the The Utilities Contracts (Scotland) Regulations 2012 (revoked).
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Regulation 3
Relevant Person | Activity |
---|---|
CATEGORY 1 – WATER | |
PART A | |
Scottish Water. | 1. The provision or operation of a fixed network which provides or will provide a service to the public in connection with the production, transport or distribution of drinking water. |
A company holding an appointment as a water undertaker or a sewerage undertaker under the Water Industry Act 1991 M1. | |
The Department for Regional Development (Northern Ireland). | 2. Hydraulic engineering, irrigation or land drainage, but only if more than 20% of the total volume of water made available by such activity is intended for the supply of drinking water. |
The Water Services Agency (Northern Ireland). | |
3. The disposal or treatment of sewage. | |
PART B | |
A relevant person not specified in Part C. | 4. The supply of drinking water to a network referred to in paragraph 1. |
PART C | |
A relevant person other than a contracting authority who produces drinking water because its consumption is necessary for the purpose of carrying out an activity not specified in the second column of this Schedule and who supplies only the excess to a network which is referred to in paragraph 1. | 5. The supply of drinking water to a network referred to in paragraph 1 but only if the drinking water supplied in the period of 36 months ending at the relevant time as defined in regulation 11(19) has exceeded 30% of the total produced by the utility in that period. |
CATEGORY 2 – ELECTRICITY | |
PART D | |
A person licensed under section 6 of the Electricity Act 1989 M2. | 6. The provision or operation of a fixed network which provides or will provide a service to the public in connection with the production, transport or distribution of electricity. |
A person licensed under article 10(1) of the Electricity (Northern Ireland) Order 1992 M3. | |
PART E | |
A relevant person not specified in Part F. | 7. The supply of electricity to a network referred to in paragraph 6. |
PART F | |
A relevant person other than a contracting authority who produces electricity because its use is necessary for the purpose of carrying out an activity not specified in the second column of this Schedule and who supplies only the excess to a network referred to in paragraph 6. | 8. The supply of electricity to a network referred to in paragraph 6 but only if the electricity supplied in the period of 36 months ending at the relevant time as defined in regulation 11(19) has exceeded 30% of the total produced by the utility in that period. |
CATEGORY 3 – GAS | |
PART G | |
A gas transporter as defined in section 7(1) of the Gas Act 1986 M4. | 9. The provision or operation of a fixed network which provides or will provide a service to the public in connection with the production, transport or distribution of gas. |
A person declared to be an undertaker for the supply of gas under article 8 of the Gas (Northern Ireland) Order 1996 M5. | |
PART H | |
A relevant person not specified in Part I. | 10. The supply of gas to a network referred to in paragraph 9. |
PART I | |
A relevant person other than a contracting authority who produces gas only as the unavoidable consequence of carrying out an activity not specified in the second column of this Schedule and who supplies gas for the sole purpose of the economic exploitation of the production to a network referred to in paragraph 9. | 11. The supply of gas to a network referred to in paragraph 9 but only if the total consideration payable in the period of 36 months ending at the relevant time as defined in regulation 11(19) on account of such supply has exceeded 20% of the total turnover of the utility in that period. |
CATEGORY 4 – HEAT | |
PART J | |
A local authority. | 12. The provision or operation of a fixed network which provides or will provide a service to the public in connection with the production, transport or distribution of heat. |
A person licensed under section 6(1)(a) of the Electricity Act 1989 whose licence includes the provisions referred to in section 10(3) of that Act. | |
The Northern Ireland Housing Executive. | |
PART K | |
A relevant person not specified in Part L. | 13. The supply of heat to a network referred to in paragraph 12. |
PART L | |
A relevant person other than a contracting authority who produces heat as the unavoidable consequence of carrying out an activity not specified in the second column of this Schedule and who supplies heat for the sole purpose of the economic exploitation of the production to a network referred to in paragraph 12. | 14. The supply of heat to a network referred to in paragraph 12 but only if the total consideration payable in the 36 months ending at the relevant time as defined in regulation 11(19) on account of such supply has exceeded 20% of the total turnover of the utility in that period. |
CATEGORY 5 – EXPLORATION AND EXTRACTION OF OIL AND GAS | |
PART M | |
A person operating by virtue of a licence granted or having effect as if granted under the Petroleum Act 1998 M6. | 15. The exploitation of a geographical area for the purpose of exploring for or extracting oil or gas. |
A person licensed under the Petroleum (Production) Act (Northern Ireland) 1964 M7. | |
CATEGORY 6 – COAL AND OTHER SOLID FUEL | |
PART N | |
Any licensed operator (within the meaning of the Coal Industry Act 1994 M8). | 16. The exploitation of a geographical area for the purposes of exploring for or extracting coal or other solid fuel. |
The Department of Enterprise, Trade and Investment (Northern Ireland). | |
A person operating by virtue of a prospecting licence, a mining lease, a mining licence or a mining permission as defined by section 57(1) of the Mineral Development Act (Northern Ireland) 1969 M9. | |
CATEGORY 7 – TRANSPORT | |
PART O | |
A local authority. | 17. The exploitation of a geographical area for the purpose of providing airport or other terminal facilities to carriers by air. |
An airport operator within the meaning of the Airports Act 1986 M10 who has the management of an airport subject to economic regulation under Part IV of that Act | |
Highlands and Islands Airports Limited. | |
An airport operator within the meaning of the Airports (Northern Ireland) Order 1994 M11. | |
Any other relevant person. | |
PART P | |
A harbour authority within the meaning of section 57 of the Harbours Act 1964 M12. | 18. The exploitation of a geographical area for the purpose of providing maritime or inland port or other terminal facilities to carriers by sea or inland waterway. |
British Waterways Board. | |
A local authority. | |
A harbour authority as defined by section 38(1) of the Harbours Act (Northern Ireland) 1970 M13. | |
Any other relevant person. | |
PART Q | |
Network Rail. | 19. The provision or operation of a network providing a service to the public in the field of transport by railway. |
Eurotunnel plc. | |
Scottish Ministers | |
Strathclyde Passenger Transport Executive | |
A local transport authority or passenger authority within the meaning of section 124(3) of the Transport Act 2000 M14 which has made a quality contracts scheme under section 124(4) of that Act. | |
A person awarded a quality contract within the meaning of section 124 of the Transport Act 2000 | |
A Regional Transport Partnership created by virtue of section 1 of the Transport (Scotland) Act 2005 M15 | |
Any other relevant person. | |
PART R | |
A local transport authority within the meaning of section 82(1) of the Transport (Scotland) Act 2001 M16 | 20. The provision or operation of a network providing a service to the public in the field of transport by automated systems, tramway, trolleybus, or cable. |
Any other relevant person. | |
PART S | |
A local transport authority within the meaning of section 82(1) of the Transport (Scotland) Act 2001 which has made a quality contracts scheme under section 13(4) of that Act. | 21. The provision or operation of a network providing a service to the public in the field of transport by bus. |
A person awarded a quality contract within the meaning of section 13 of the Transport (Scotland) Act 2001. | |
Any other relevant person. | |
CATEGORY 8 – POSTAL SERVICES | |
PART T | |
Royal Mail Group Limited. | 22. Activities relating to the provision of postal services. For the purposes of this paragraph: |
Any other relevant person. | |
(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 dispatch, 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. |
Marginal Citations
M11991 c.56. Section 6 (appointment of relevant undertakers) was amended by section 101 of, and Schedule 8 to, the Water Act 2003 (c.37). By virtue of S.I. 1999/672, as amended by S.I. 2000/253, the functions of the Minister of the Crown with respect to both water and sewerage undertakers under section 6 are now exercisable by the National Assembly for Wales for any undertaking whose area is wholly or mainly in Wales. There are other amendments to this Act which are not relevant to these Regulations.
M21989 c.29. Section 6 was amended by section 30 of the Utilities Act 2000 (c.27) and sections 89,136,143,145 and 197 of, and Schedules 19 and 23 to the Energy Act 2004 (c.20). There are other amendments to this Act which are not relevant to these Regulations.
M3S.I. 1992/231 (N.I. 1). Article 10(1) was amended by article 28 and the changes applied to existing licences by article 29 of S.I. 2003/419 (N.I. 6). Article 10(1) was also amended by regulation 47 of the Gas and Electricity (Internal Markets) Regulations (Northern Ireland), S.R. (NI) 2011 No 155. There are other amendments to this Order which are not relevant to these Regulations.
M41986 c.44. Section 7(1) was amended by section 5 of the Gas Act 1995 (c.45), section 76 of the Utilities Act 2000 (c.27), section 197 of, and Schedule 23 to, the Energy Act 2004 (c.20). There are other amendments to this Act which are not relevant to these Regulations.
M5S.I. 1996/275 (N.I. 2). Article 8 was amended by article 30 and the changes applied to existing licences by article 31 of S.I. 2003/419 (N.I. 6). Article 89(1) and (2) was also amended by section 58 of the Gas and Electricity (Internal Markets) Regulations (Northern Ireland), S.R. (NI) 2011 No 155. There are other amendments to this Order which are not relevant to these Regulations.
M71964 c.28 (N.I.). Section 2 was amended by Schedule 3 to the Mineral Development Act (Northern Ireland) 1969 (c.35 N.I.). There are other amendments to this Act which are not relevant to these Regulations.
M91969 c.35 (N.I.). There are amendments to this Act which are not relevant to these Regulations.
M11S.I. 1994/426 (N.I. 1). There are amendments to this Order which are not relevant to these Regulations.
M131970 c.1 (N.I.). There are amendments to this Act which are not relevant to these Regulations.
Regulation 2(1)
Division | Section F Group | Class | Subject | Construction Notes | CPV Code |
---|---|---|---|---|---|
45 | Construction | Construction of new buildings and works, restoring and common repairs | 45000000 | ||
45.1 | Site preparation | 45100000 | |||
45.11 | Demolition and wrecking of buildings; earth moving | Demolition of buildings and other structures | 45110000 | ||
Clearing of building sites | |||||
Earth moving: excavation, landfill, levelling and grading of construction sites, trench digging, rock removal, blasting, etc. | |||||
Site preparation for mining: | |||||
overburden removal and other development and preparation of mineral properties and sites | |||||
Building site drainage | |||||
Drainage of agricultural or forestry land | |||||
45.12 | Test drilling and boring | Test drilling, test boring and core sampling for construction, geo-physical, geological or similar purposes | 45120000 | ||
45.2 | Building of complete constructions or parts thereof; civil engineering | 45200000 | |||
45.21 | General construction of buildings and civil engineering works | Construction of all types of buildings | 45210000 Except: 45213316 45220000 45231000 45232000 | ||
Construction of civil engineering constructions | |||||
Bridges, including those for elevated highways, viaducts, tunnels and subways | |||||
Long-distance pipelines, communication and power lines | |||||
Urban pipelines, urban communication and power lines | |||||
Ancillary urban works | |||||
Assembly and erection of prefabricated constructions on the site | |||||
45.22 | Erection of roof covering and frames | Erection of roofs | 45261000 | ||
Roof covering | |||||
Waterproofing | |||||
45.23 | Construction of highways, roads, airfields and sport facilities | Construction of highways, streets, roads, other vehicular and pedestrian ways | 45212212 and DA03 45230000 | ||
Construction of railways | Except: 45231000 45232000 45234115 | ||||
Construction of airfield runways | |||||
Construction work, other than buildings, for stadiums, swimming pools, gymnasiums, tennis courts, golf courses and other sports installations | |||||
Painting of markings on road surfaces and car parks | |||||
45.24 | Construction of water projects | Construction of: | 45240000 | ||
waterways, harbour and river works, pleasure ports (marinas), locks, etc. | |||||
dams and dykes | |||||
dredging | |||||
subsurface work | |||||
45.25 | Other construction work involving special trades | Construction activities specialising in one aspect common to different kinds of structures, requiring specialised skill or equipment | 45250000 45262000 | ||
Construction of foundations, including pile driving | |||||
Water well drilling and construction, shaft sinking | |||||
Erection of non-self-manufactured steel elements | |||||
Steel bending | |||||
Bricklaying and stone setting | |||||
Scaffolds and work platform erecting and dismantling, including renting of scaffolds and work platforms | |||||
Erection of chimneys and industrial ovens | |||||
45.3 | Building installation | 45300000 | |||
45.31 | Installation of electrical wiring and fittings | Installation in buildings or other construction projects of: | 45213316 45310000 Except: 45316000 | ||
electrical wiring and fittings | |||||
telecommunications systems | |||||
electrical heating systems | |||||
residential antennas and aerials | |||||
fire alarms | |||||
burglar alarm systems | |||||
lifts and escalators | |||||
lightning conductors, etc. | |||||
45.32 | Insulation work activities | Installation in buildings or other construction projects of thermal, sound or vibration insulation | 45320000 | ||
45.33 | Plumbing | Installation in buildings or other construction projects of: | 45330000 | ||
plumbing and sanitary equipment | |||||
gas fittings | |||||
heating, ventilation, refrigeration or air-conditioning equipment and ducts | |||||
sprinkler systems | |||||
45.34 | Other building installation | Installation of illumination and signalling systems for roads, railways, airports and harbours | 45234115 45316000 45340000 | ||
Installation in buildings or other construction projects of fittings and fixtures n.e.c. | |||||
45.4 | Building completion | 45400000 | |||
45.41 | Plastering | Application in buildings or other construction projects of interior and exterior plaster or stucco, including related lathing materials | 45410000 | ||
45.42 | Joinery installation | Installation of non-self-manufactured doors, windows, door and window frames, fitted kitchens, staircases, shop fittings and the like, of wood or other materials | 45420000 | ||
Interior completion such as ceilings, wooden wall coverings, movable partitions, etc. | |||||
45.43 | Floor and wall covering | Laying, tiling, hanging or fitting in buildings or other construction projects of: | 45430000 | ||
ceramic, concrete or cut stone wall or floor tiles | |||||
parquet and other wood floor coverings, carpets and linoleum floor coverings, including of rubber or plastic | |||||
terrazzo, marble, granite or slate floor or wall coverings | |||||
wallpaper | |||||
45.44 | Painting and glazing | Interior and exterior painting of buildings | 45440000 | ||
Installation of glass, mirrors, etc. | |||||
Painting of civil engineering structures | |||||
45.45 | Other building completion | Installation of private swimming pools | 45212212 and DA04 45450000 | ||
Steam cleaning, sand blasting and similar activities for building exteriors | |||||
Other building completion and finishing work n.e.c. | |||||
45.5 | Renting of construction or demolition equipment with operator | 45500000 | |||
45.50 | Renting of construction or demolition equipment with operator | 45500000 |
Regulation 2(4)
Category | Services | CPC Reference No | CPV Code |
---|---|---|---|
Part A | |||
1 | Maintenance and repair of vehicles and equipment | 6112, 6122, 633, 886 | from 50100000-6 to 50884000-5 (except for 50310000-1 to 50324200-4 and 50116510-9, 50190000-3, 50229000-6, 50243000-0), and from 51000000-9 to 51900000-1 |
2 | Transport by land, including armoured car services and courier services but not including transport of mail and transport by rail | 712 (except 71235), 7512, 87304 | from 60100000-9 to 60183000-4 (except 60160000-7, 60161000-4, 60220000-6), and from 64120000-3 to 64121200-2 |
3 | Transport by air but not transport of mail | 73 (except 7321) | from 60410000-5 to 60424120-3 (except 60411000-2, 60421000-5), and 60500000-3, and from 60440000-4 to 60445000-9 |
4 | Transport of mail by land, other than by rail, and by air | 71235, 7321 | 60160000-7, 60161000-4 60411000-2, 60421000-5 |
5 | Telecommunications services | 752 | from 64200000-8 to 64228200-2, 72318000-7, and from 72700000-7 to 72720000-3 |
6 | Financial services: | ex 81, 812, 814 | from 66100000-1 to 66720000-3 |
(a)Insurance services | |||
(b)Banking and investment services other than financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments and central bank services | |||
7 | Computer and related services | 84 | from 50310000-1 to 50324200-4, from 72000000-5 to 72920000-5 (except 72318000-7 and from 72700000-7 to 72720000-3), 79342410-4 |
8 | Research and development services where the benefits accrue exclusively to a utility for its use in the conduct of its own affairs and the services are to be wholly paid for by a utility | 85 | from 73000000-2 to 73436000-7 (except 73200000-4, 73210000-7, 73220000-0) |
9 | Accounting, auditing and book-keeping services | 862 | from 79210000-9 to 79223000-3 |
10 | Market research and public opinion polling services | 864 | from 79300000-7 to 79330000-6 and 79342310-9, 79342311-6 |
11 | Management consultancy services and related services but not arbitration and conciliation services | 865, 866 | from 73200000-4 to 73220000-0, from 79400000-8 to 79421200-3 and 79342000-3, 79342100-4, 79342300-6, 79342320-2, 79342321-9, 79910000-6, 79991000-7, 98362000-8 |
12 | Architectural services; engineering services and integrated engineering services; urban planning and landscape engineering services; related scientific and technical consulting services; technical testing and analysis services | 867 | from 71000000-8 to 71900000-7 (except 71550000-8) and 79994000-8 |
13 | Advertising services | 871 | from 79341000-6 to 79342200-5 (except 79342000-3 and 79342100-4) |
14 | Building-cleaning services and property management services | 874, 82201 to 82206 | from 70300000-4 to 70340000-6, and from 90900000-6 to 90924000-0 |
15 | Publishing and printing services on a fee or contract basis | 88442 | from 79800000-2 to 79824000-6, and from 79970000-6 to 79980000-7 |
16 | Sewage and refuse disposal services; sanitation and similar services | 94 | from 90400000-1 to 90743200-9 (except 90712200-3), from 90910000-9 to 90920000-2 and 50190000-3, 50229000-6, 50243000-0 |
Part B | |||
17 | Hotel and restaurant services | 64 | 55100000-1 to 55524000-9 and from 98340000-8 to 98341100-6 |
18 | Transport by rail | 711 | from 60200000-0 to 60220000-6 |
19 | Transport by water | 72 | from 60600000-4 to 60653000-0, and from 63727000-1 to 63727200-3 |
20 | Supporting and auxiliary transport services | 74 | from 63000000-9 to 63734000-3 (except 63711200-8, 63712700-0, 63712710-3, and from 63727000-1 to 63727200-3), and 98361000-1 |
21 | Legal services | 861 | from 79100000-5 to 79140000-7 |
22 | Personal placement and supply services | 872 | from 79600000-0 to 79635000-4 (except 79611000-0, 79632000-3, 79633000-0), and from 98500000-8 to 98514000-9 |
23 | Investigation and security services, other than armoured car services | 873 (except 87304) | from 79700000-1 to 79723000-8 |
24 | Education and vocational education services | 92 | from 80100000-5 to 80660000-8 (except 80533000-9, 80533100-0, 80533200-1) |
25 | Health and social services | 93 | 79611000-0 and from 85000000-9 to 85323000-9 (except 85321000-5 and 85322000-2) |
26 | Recreational, cultural and sporting services | 96 | from 79995000-5 to 79995200-7, and from 92000000-1 to 92700000-8 (except 92230000-2, 92231000-9, 92232000-6) |
27 | Other services |
Regulations 2(1) and 4(4)
Relevant States | Agreement with the European Union which extends the provisions relating to public procurement to the relevant State | Statutory provisions designating the agreements as European Treaties |
---|---|---|
1. Iceland | European Economic Area Agreement M17 | European Economic Area Act 1993 M18, section 1. |
2. Liechtenstein | European Economic Area Agreement | European Economic Area Act 1993, section 1 |
3. Norway | European Economic Area Agreement | European Economic Area Act 1993, section 1. |
Marginal Citations
M17OJ L 1, 3.1.94, p.3 as adjusted by the Protocol signed in Brussels on 17th March 1993 OJ L 1, 3.1.94, p.572.
Regulations 48 and 50
Title | Number | Extent of revocation |
---|---|---|
1 | 2 | 3 |
The Utilities Contracts (Scotland) Regulations 2006 | S.S.I. 2006/2 | The whole Regulation. |
The Public Contracts and Utilities Contracts (Scotland) Amendment Regulations 2007 | S.S.I. 2007/565 | The whole Regulation insofar as it extends to the Utilities Contracts (Scotland) Regulations 2006. |
The Public Contracts and Utilities Contracts (Scotland) Amendment Regulations 2008 | S.S.I. 2008/94 | The whole Regulation insofar as it extends to the Utilities Contracts (Scotland) Regulations 2006. |
The Public Contracts and Utilities Contracts (Common Procurement Vocabulary Codes) Amendment (Scotland) Regulations 2008 | S.S.I. 2008/291 | The whole Regulation insofar as it extends to the Utilities Contracts (Scotland) Regulations 2006. |
The Public Contracts and Utilities Contracts (Postal Services and Common Procurement Vocabulary Codes) Amendment (Scotland) Regulations 2008 | S.S.I. 2008/376 | The whole Regulation insofar as it extends to [F1the Utilities Contracts (Scotland) Regulations 2006]. |
The Public Contracts and Utilities Contracts (Scotland) Amendment Regulations 2009 | S.S.I. 2009/428 | The whole Regulation insofar as it extends to the Utilities Contracts (Scotland) Regulations 2006. |
The Public Contracts and Utilities Contracts (Scotland) Amendment (Amendment) Regulations 2009 | S.S.I. 2009/439 | The whole Regulation insofar as it extends to the Utilities Contracts (Scotland) Regulations 2006. |
Textual Amendments
F1Words in sch. 5 Pt. A substituted (1.5.2012) by The Public Contracts and Utilities Contracts (Scotland) Amendment Regulations 2012 (S.S.I. 2012/108), regs. 1(1), 3(2)(a)
Title | Number | Amendment |
---|---|---|
1 | 2 | 3 |
The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003, as amended | S.S.I. 2003/231 | In paragraph 11 of schedule 1, for “the Utilities Contracts (Scotland) Regulations 2006” substitute “ the Utilities Contracts (Scotland) Regulations 2012 ”. |
The Cleaner Road Transport Vehicles (Scotland) Regulations 2010 | S.S.I. 2010/390 | In regulation 2 (interpretation), in the definitions of “contracting entity” and “operator” and in regulation 6(1)(b) (enforcement of duties), for “the Utilities Contracts (Scotland) Regulations 2006” substitute “ the Utilities Contracts (Scotland) Regulations 2012 ”. |
The Defence and Security Public Contracts Regulations 2011 | S.I. 2011/1848 | In regulation 4(d) (contracting authorities) and in regulation 6(4) to (6) (application) for “the Utilities Contracts (Scotland) Regulations [F22006]” substitute “ the Utilities Contracts (Scotland) Regulations 2012 ”. |
Textual Amendments
F2Word in sch. 5 Pt. B inserted (1.5.2012) by The Public Contracts and Utilities Contracts (Scotland) Amendment Regulations 2012 (S.S.I. 2012/108), regs. 1(1), 3(2)(b)
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