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The Utilities Contracts (Scotland) Regulations 2016
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10.—(1) In the case of water, these Regulations apply to the following activities—
(a)the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of drinking water;
(b)the supply of drinking water to such networks.
(2) These Regulations also apply to procurement for the award of a contract or design contest by a utility which pursues an activity referred to in paragraph (1) and which is connected with any of the following—
(a)hydraulic engineering projects, irrigation or land drainage, provided that the volume of water to be used for the supply of drinking water represents more than 20% of the total volume of water made available by such projects or irrigation or drainage installations;
(b)the disposal or treatment of sewage.
(3) The supply, by a utility other than one which is a contracting authority, of drinking water to fixed networks which provide a service to the public shall not be considered an activity within the meaning of paragraph (1) where—
(a)the production of drinking water by that utility takes place because its consumption is necessary for carrying out an activity other than one referred to in paragraph (1) or (2) or regulation 8, 9 or 11; and
(b)the supply to the public network depends only on that utility’s own consumption and has not exceeded 30% of that utility’s total production of drinking water, on the basis of the average for the preceding 3 years, including the current year.
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