- Latest available (Revised)
- Point in Time (31/12/2020)
- Original (As made)
Version Superseded: 11/06/2021
Point in time view as at 31/12/2020. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
The Utilities Contracts (Scotland) Regulations 2016, Section 100 is up to date with all changes known to be in force on or before 17 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
100.—(1) The obligation on a utility to comply with the provisions of these Regulations (except where otherwise specified), and with any [F1retained EU obligation that is enforceable by virtue of section 4 of the European Union (Withdrawal) Act 2018] in respect of a contract, framework agreement, dynamic purchasing system or design contest falling within the scope of these Regulations, is a duty owed to an economic operator from [F2the United Kingdom or Gibraltar].
(2) The duty owed in accordance with paragraph (1) is a duty owed also to—
(a)an economic operator from a [F3country other than the United Kingdom], but only where [F4Condition 1, Condition 2 or Condition 3] applies to the procurement concerned F5...
F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F6(3) Condition 1 is that—
(a)at the relevant time the economic operator is from a GPA state,
(b)the procurement may result in the award of a contract of any description, and
(c)immediately before IP completion day that GPA state had agreed with the EU that the GPA shall apply to a contract of that description.
(3A) Condition 2 is that—
(a)at the relevant time the economic operator is from a country which, immediately before IP completion day, was a member State other than the United Kingdom,
(b)the procurement may result in the award of a contract of any description, and
(c)immediately before IP completion day the EU had agreed with a GPA state that the GPA shall apply to a contract of that description.]
(4) [F7Condition 3 is that]—
(a)[F8immediately before IP completion day there was] an international agreement, other than the GPA, by which the EU [F9was bound]; and
(b)in accordance with that agreement, the economic operator is, in respect of the procurement concerned, to be accorded remedies no less favourable than those accorded to economic operators from the EU in respect of matters falling with the scope of the duty owed in accordance with paragraph (1).
[F10(4A) Paragraph (4)(b) is to be applied as if the United Kingdom were a member State.]
(5) In this regulation—
F11...
“GPA economic operator” means a person from a GPA state who sought, who seeks, or would have wished, to be the person to whom the contract is awarded;
“GPA state” means any country [F12which immediately before IP completion day was] a signatory to the GPA;
“relevant time” means the date on which the utility [F13submitted] a call for competition in respect of the contract to the [F14UK e-notification service] or would have done so had it been required by these Regulations to do so.
Textual Amendments
F1Words in reg. 100(1) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(56)(a)(i) (with sch. paras. 1-5)
F2Words in reg. 100(1) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(56)(a)(ii) (with sch. paras. 1-5)
F3Words in reg. 100(2)(a) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(56)(b)(i)(aa) (with sch. paras. 1-5)
F4Words in reg. 100(2)(a) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(56)(b)(i)(bb) (with sch. paras. 1-5)
F5Reg. 100(2)(b) and word omitted (31.12.2020) by virtue of The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(56)(b)(ii) (with sch. paras. 1-5)
F6Reg. 100(3)(3A) substituted for reg. 100(3) (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(56)(c) (with sch. paras. 1-5)
F7Words in reg. 100(4) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(56)(d)(i) (with sch. paras. 1-5)
F8Words in reg. 100(4)(a) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(56)(d)(ii)(aa) (with sch. paras. 1-5)
F9Words in reg. 100(4)(a) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(56)(d)(ii)(bb) (with sch. paras. 1-5)
F10Reg. 100(4A) inserted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(56)(e) (with sch. paras. 1-5)
F11Words in reg. 100(5) omitted (31.12.2020) by virtue of The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(56)(f)(i) (with sch. paras. 1-5)
F12Words in reg. 100(5) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(56)(f)(ii) (with sch. paras. 1-5)
F13Word in reg. 100(5) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(56)(f)(iii)(aa) (with sch. paras. 1-5)
F14Words in reg. 100(5) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(56)(f)(iii)(bb) (with sch. paras. 1-5)
Commencement Information
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: