The Public Contracts (Scotland) Regulations 2015

Exclusions: Utilities S

7.  These Regulations do not apply to procurement for the award of a contract or to the organisation of a design contest by a contracting entity where—

(a) the contract or design contest is for the purpose of carrying out any of the activities referred to in [F1 regulations 8 to 14 of the Utilities Contracts (Scotland) Regulations 2016] (gas and heat; electricity; water; transport services; ports and airports; postal services; extraction of oil and gas and exploration for or extraction of coal or other solid fuels);

(b) the contract or design contest is excluded from the application of the [F2 Utilities Contracts (Scotland) Regulations 2016]—

[F3 (i) under regulations 17 (exclusion: contracts awarded for the purpose of resale or lease to third parties), 22 (exclusion: contracts awarded by certain utilities for the purchase of water and for the supply of energy or of fuels for the production of energy) or 32 (activities directly exposed to competition), or]

(ii) by reason of the value being less than the threshold provided for in [F4 regulation] 15,

of [F5 those Regulations];

(c) the contracting entity is a contracting authority providing postal services within the meaning of [F6 regulation 13(2) of the Utilities Contracts (Scotland) Regulations 2016] and the contract is for the purpose of—

(i) 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);

(ii) financial services specified under CPV Codes 66100000-1 to 66720000-3, within the meaning of [F7 paragraph (1)(e) of regulation 20 of the Utilities Contracts (Scotland) Regulations 2016] and including in particular postal money orders and postal giro transfers;

(iii) philatelic services; or

(iv) logistics services (services combining physical delivery, warehousing or both with other non-postal functions).

Textual Amendments

F1 Words in reg. 7(a) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 4(7)(a) (with sch. paras. 1-5)

F2 Words in reg. 7(b) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 4(7)(b)(i) (with sch. paras. 1-5)

F3 Reg. 7(b)(i) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 4(7)(b)(ii) (with sch. paras. 1-5)

F4 Word in reg. 7(b)(ii) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 4(7)(b)(iii) (with sch. paras. 1-5)

F5 Words in reg. 7(b) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 4(7)(b)(iv) (with sch. paras. 1-5)

F6 Words in reg. 7(c) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 4(7)(c)(i) (with sch. paras. 1-5)

F7 Words in reg. 7(c)(ii) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 4(7)(c)(ii) (with sch. paras. 1-5)