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The Utilities Contracts (Scotland) Regulations 2016, Section 65 is up to date with all changes known to be in force on or before 29 August 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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65.—(1) A utility may make known its intentions of a planned procurement through the publication of a periodic indicative notice.
(2) A periodic indicative notice must contain the information set out in section I of Part A of Annex VI to the Utilities Contracts Directive [F1, but as if both references to “dispatch of the notice” in paragraph 4 were references to the submission of the notice to the UK e-notification service for the purposes of these Regulations].
(3) A utility wishing to publish a periodic indicative notice must—
(a)[F2submit] it for publication in accordance with regulation 69 ([F3publication on the UK e-notification service]); or
(b)publish it on the utility’s buyer profile in accordance with regulation 70 (publication at national level).
(4) Where the utility intends to publish the periodic indicative notice on its buyer profile, the utility must [F4submit] for publication, in accordance with regulation 69 ([F5publication on the UK e-notification service]), a notice of the publication on its buyer profile.
(5) The notice of publication referred to in paragraph (4) must contain the information set out in Part B of Annex VI to the Utilities Contracts Directive [F6, but as if “date of dispatch” in paragraph 5 were a reference to the date on which the notice is submitted to the UK e-notification service for the purposes of these Regulations].
(6) Where a utility uses a periodic indicative notice as a call for competition in respect of either a restricted procedure or a negotiated procedure with prior call for competition, the notice must—
(a)refer specifically to the works, supplies or services that will be the subject of the contract to be awarded;
(b)indicate that the contract will be awarded by restricted procedure or negotiated procedure without further publication of a call for competition and invite interested economic operators to express their interest;
(c)contain, in addition to the information [F7required by paragraph (2)], the information set out in [F8section II of Part A of Annex VI to the Utilities Contracts Directive, but as if—
(i)in paragraph 7, “the third and fourth sub-paragraph of Article 73(1)” were a reference to regulation 71(4) and (5) of these Regulations, and
(ii)in paragraph 21—
(aa)“Article 82” were a reference to regulation 80 of these Regulations, and
(bb)“point (b) of Article 67(2)” were a reference to regulation 65(6)(b) of these Regulations; and]
(d)have been [F9submitted] for publication in accordance with regulation 69 ([F10publication on the UK e-notification service]) between 35 days and 12 months prior to the date on which an invitation to confirm interest is sent for the purposes of regulation 72(3) (invitations to candidates).
(7) In addition to [F11submitting] a periodic indicative notice used for the purpose mentioned in paragraph (6) for publication in accordance with regulation 69 ([F12publication on the UK e-notification service]), a utility may publish such a notice on its buyer profile in accordance with regulation 70 ([F13publication otherwise from on the UK e-notification service]).
(8) Subject to paragraph (9), the period covered by a periodic indicative notice must be a maximum of 12 months from the date on which the notice is sent for publication.
(9) In the case of a contract for social and other specific services referred to in Schedule 2 (social and other specific services), a periodic indicative notice referred to in regulation 89(1)(b) (publication of notices) may cover a period which is longer than 12 months from the date on which the notice is [F14submitted] for publication.
Textual Amendments
F1Words in reg. 65(2) inserted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(36)(a) (with sch. paras. 1-5)
F2Word in reg. 65(3)(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(36)(b)(i) (with sch. paras. 1-5)
F3Words in reg. 65(3)(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(36)(b)(ii) (with sch. paras. 1-5)
F4Word in reg. 65(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(36)(c)(i) (with sch. paras. 1-5)
F5Words in reg. 65(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(36)(c)(ii) (with sch. paras. 1-5)
F6Words in reg. 65(5) inserted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(36)(d) (with sch. paras. 1-5)
F7Words in reg. 65(6)(c) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(36)(e)(i)(aa) (with sch. paras. 1-5)
F8Words in reg. 65(6)(c) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(36)(e)(i)(bb) (with sch. paras. 1-5)
F9Word in reg. 65(6)(d) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(36)(e)(ii)(aa) (with sch. paras. 1-5)
F10Words in reg. 65(6)(d) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(36)(e)(ii)(bb) (with sch. paras. 1-5)
F11Word in reg. 65(7) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(36)(f)(i) (with sch. paras. 1-5)
F12Words in reg. 65(7) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(36)(f)(ii) (with sch. paras. 1-5)
F13Words in reg. 65(7) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(36)(f)(iii) (with sch. paras. 1-5)
F14Word in reg. 65(9) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(36)(g) (with sch. paras. 1-5)
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