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The Utilities Contracts (Scotland) Regulations 2016
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The Utilities Contracts (Scotland) Regulations 2016, Section 19 is up to date with all changes known to be in force on or before 26 December 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.
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Changes and effects yet to be applied to Regulation 19:
- Regulations applied by 2023 c. 54 s. 119(2)(b)
- reg. 19(1)(a) words omitted by S.S.I. 2024/338 reg. 4(3)
Exclusion: Contracts awarded and design contests organised pursuant to international rulesS
This section has no associated Policy Notes
19.—(1) These Regulations do not apply to procurement for the award of a contract or the organisation of a design contest which the utility is obliged to award or organise in accordance with a procurement which is established by—
(a)an international agreement or any other legal instrument creating international law obligations, concluded in conformity with the [F1Retained] Treaties, between the United Kingdom and one or more [F2other] country or any part thereof and covering works, supplies or services intended for the joint implementation or exploitation of a project by its signatories; F3...
F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F4(2) These Regulations do not apply to procurement for the award of a relevant international contract or the organisation of a relevant international design contest in a case where the applicable procurement rules restrict the participation of economic operators in the procedure.
(2A) In the case of procurement for the award of a relevant international public contract or relevant international design contest where the applicable procurement rules do not restrict the participation of economic operators in the procedure, the only regulation that applies to the procurement is regulation 41B (equal treatment of economic operators).]
(3) This regulation does not apply to procurement for the award of a contract or the organisation of a design contest involving defence or security aspects which are awarded or organised pursuant to international rules.
[F5(4) In this regulation, “relevant international contract” and “relevant international design contest” mean a contract or design contest that—
(a)the utility undertakes or organises in accordance with procurement rules provided by an international organisation or international financing institution, and
(b)is fully financed, or co-financed for the most part, by that organisation or institution.]
Textual Amendments
F1Word in reg. 19(1)(a) inserted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(10)(a) (with sch. paras. 1-5)
F2Word in reg. 19(1)(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(10)(b) (with sch. paras. 1-5)
F3Reg. 19(1)(b) and word omitted (coming into force in accordance with s. 7(1) of the amending Act) by virtue of Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024 (c. 6), Sch. para. 17(2) (with Sch. paras. 23-26)
F4Reg. 19(2)(2A) substituted for reg. 19(2) (coming into force in accordance with s. 7(1) of the amending Act) by Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024 (c. 6), Sch. para. 17(3) (with Sch. paras. 23-26)
F5Reg. 19(4) inserted (coming into force in accordance with s. 7(1) of the amending Act) by Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024 (c. 6), Sch. para. 17(4) (with Sch. paras. 23-26)
Commencement Information
I1Reg. 19 in force at 18.4.2016, see reg. 1(2)
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