The Utilities Contracts (Scotland) Regulations 2016

Regulation 2(1)

[F1 SCHEDULE A1 S PARTIES TO THE GPA

Textual Amendments

F1 Sch. A1 inserted (11.6.2021) by The Public Procurement (Agreement on Government Procurement) (Amendment) Regulations 2021 (S.I. 2021/573), regs. 1(1), 6(7)

• Armenia

• Australia

• Canada

• European Union

• Hong Kong, China

• Iceland

• Israel

• Japan

• Korea, Republic of

• Liechtenstein

• Moldova, Republic of

• Montenegro

• Netherlands with respect to Aruba

• New Zealand

• Norway

• the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu

• Singapore

• Switzerland

• Ukraine

• United States]

Regulation 2(1)

SCHEDULE 1 S ACTIVITIES CONSTITUTING WORKS

Commencement Information

I1 Sch. 1 in force at 18.4.2016, see reg. 1(2)

In this Schedule, ‘NACE Rev.1’ has the same meaning as in Council Regulation (EEC) No 3037/90 on the statistical classification of economic activities in the European Community(1) [F2 as that Regulation had effect in EU law immediately before IP completion day] and numerical references in the columns relating to the NACE Rev.1 relate to the Annex to that Regulation. In the event of any difference of interpretation between the CPV and the NACE Rev.1, the CPV nomenclature shall apply.

NACE Rev. 1					CPV Code
SECTION F			CONSTRUCTION
Division	Group	Class	Subject	Notes
45			Construction	This division includes: construction of new buildings and works, restoring and common repairs.	45000000
	45.1		Site preparation		45100000
		45.11	Demolition and wrecking of buildings; earth moving	This class includes: demolition of buildings and other structures, clearing of building sites, earth moving: excavation, landfill, levelling and grading of construction sites, trench digging, rock removal, blasting, etc. site preparation for mining: overburden removal and other development and preparation of mineral properties and sites. This class also includes: building site drainage. drainage of agricultural or forestry land.	45110000
		45.12	Test drilling and boring	This class includes: test drilling, test boring and core sampling for construction, geophysical, geological or similar purposes. This class excludes: drilling of production oil or gas wells, see 11.20. water well drilling, see 45.25, shaft sinking, see 45.25, oil and gas field exploration, geophysical, geological and seismic surveying, see 74.20.	45120000
	45.2		Building of complete constructions or parts thereof; civil engineering		45200000
		45.21	General construction of buildings and civil engineering works	This class includes: construction of all types of buildings construction of civil engineering constructions, bridges, including those for elevated highways, viaducts, tunnels and subways, long-distance pipelines, communication and power lines, urban pipelines, urban communication and power lines, ancillary urban works, assembly and erection of prefabricated constructions on the site.	45210000
					Except:
					—45213316
					45220000
					45231000
					45232000
				This class excludes: service activities incidental to oil and gas extraction, see 11.20, erection of complete prefabricated constructions from self-manufactured parts not of concrete, see divisions 20, 26 and 28, construction work, other than buildings, for stadiums, swimming pools, gymnasiums, tennis courts, golf courses and other sports installations, see 45.23, building installation, see 45.3, building completion, see 45.4, architectural and engineering activities, see 74.20, project management for construction, see 74.20.
		45.22	Erection of roof covering and frames	This class includes: erection of roofs, roof covering, waterproofing.	45261000
		45.23	Construction of highways, roads, airfields and sport facilities	This class includes: construction of highways, streets, roads, other vehicular and pedestrian ways, construction of railways, construction of airfield runways, construction work, other than buildings, for stadiums, swimming pools, gymnasiums, tennis courts, golf courses and other sports installations, painting of markings on road surfaces and car parks. This class excludes: preliminary earth moving, see 45.11.	45212212 and DA03 45230000 Except: 45231000 45232000 45234115
		45.24	Construction of water projects	This class includes: construction of: waterways, harbour and river works, pleasure ports (marinas), locks etc.; dams and dykes, dredging, subsurface work.	45240000
		45.25	Other construction work involving special trades	This class includes: construction activities specialising in one aspect common to different kinds of structures, requiring specialised skill or equipment, construction of foundations, including pile driving, water well drilling and construction, shaft sinking, erection of non-self- manufactured steel elements, steel bending, bricklaying and stone setting, scaffolds and work platform erecting and dismantling, including renting of scaffolds and work platforms, erection of chimneys and industrial ovens. This class excludes: renting of scaffolds without erection and dismantling, see 71.32	45250000 45262000
	45.3		Building installation		45300000
		45.31	Installation of electrical wiring and fittings	This class includes: installation in buildings or other construction projects of: electrical wiring and fittings, telecommunications systems, electrical heating systems, residential antennas and aerials, fire alarms, burglar alarm systems, lifts and escalators, lightning conductors, etc.	45213316 45310000 Except: 45316000
		45.32	Insulation work activities	This class includes: installation in buildings or other construction projects of thermal, sound or vibration insulation. This class excludes: waterproofing, see 45.22.	45320000
		45.33	Plumbing	This class includes: installation in buildings or other construction projects of: plumbing and sanitary equipment, gas fittings, heating, ventilation, refrigeration or air- conditioning equipment and ducts, sprinkler systems. This class excludes: installation of electrical heating systems, see 45.31.	45330000
		45.34	Other building installation	This class includes: installation of illumination and signalling systems for roads, railways, airports and harbours, installation in buildings or other construction projects of fittings and fixtures N.E.C.	45234115 45316000 45340000
	45.4		Building completion		45400000
		45.41	Plastering	This class includes: application in buildings or other construction projects of interior and exterior plaster or stucco, including related lathing materials.	45410000
		45.42	Joinery installation	This class includes: installation of not self-manufactured doors, windows, door and window frames, fitted kitchens, staircases, shop fittings and the like, of wood or other materials, interior completion such as ceilings, wooden wall coverings, movable partitions, etc. This class excludes: laying of parquet and other wood floor coverings, see 45.43	45420000
		45.43	Floor and wall covering	This class includes: laying, tiling, hanging or fitting in buildings or other construction projects of: ceramic, concrete or cut stone wall or floor tiles, parquet and other wood floor coverings carpets and linoleum floor coverings, including of rubber or plastic, terrazzo, marble, granite or slate floor or wall coverings, wallpaper.	45430000
		45.44	Painting and glazing	This class includes: interior and exterior painting of buildings, painting of civil engineering structures, installation of glass, mirrors, etc. This class excludes: installation of windows, see 45.42.	45440000
		45.45	Other building completion	This class includes: installation of private swimming pools, steam cleaning, sand blasting and similar activities for building exteriors, other building completion and finishing work n.e.c. This class excludes: interior cleaning of buildings and other structures see 74.70.	45212212 and DA04 45450000
	45.5		Renting of construction or demolition equipment with operator		45500000
		45.50	Renting of construction or demolition equipment with operator	This class excludes: renting of construction or demolition machinery and equipment without operators, see 71.32.	45500000

Textual Amendments

F2 Words in sch. 1 inserted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(60) (with sch. paras. 1-5)

Regulations 15(1)(c),65(9), 88 and 90(11)

SCHEDULE 2 S SOCIAL AND OTHER SPECIFIC SERVICES

Commencement Information

I2 Sch. 2 in force at 18.4.2016, see reg. 1(2)

CPV Code	Description
75200000-8; 75231200-6; 75231240-8; 79611000-0; 79622000-0 (Supply services of domestic help personnel); 79624000-4 (Supply services of nursing personnel) and 79625000-1 (Supply services of medical personnel) from 85000000-9 to 85323000-9; 98133100-5, 98133000-4; 98200000-5; 98500000-8 (Private households with employed persons) and 98513000-2 to 98514000-9 (Manpower services for households, Agency staff services for households, Clerical staff services for households, Temporary staff for households, Home-help services and Domestic services)	Health, social and related services
85321000-5 and 85322000-2, 75000000-6 (Administration, defence and social security services), 75121000-0, 75122000-7, 75124000- 1; from 79995000-5 to 79995200-7; from 80000000-4 Education and training services to 80660000-8; from 92000000-1 to 92700000-8; 79950000-8 (Exhibition, fair and congress organisation services), 79951000-5 (Seminar organisation services), 79952000-2 (Event services), 79952100-3 (Cultural event organisation services), 79953000-9 (Festival organisation services), 79954000-6 (Party organisation services), 79955000-3 (Fashion shows organisation services), 79956000-0 (Fair and exhibition organisation services)	Administrative social, educational, healthcare and cultural services
75300000-9	Compulsory social security services
75310000-2, 75311000-9, 75312000-6, 75313000-3, 75313100-4, 75314000-0, 75320000-5, 75330000-8, 75340000-1	Benefit services
98000000-3; 98120000-0; 98132000-7; 98133110-8 and 98130000-3	Other community, social and personal services including services furnished by trade unions, political organisations, youth associations and other membership organisation services
98131000-0	Religious services
55100000-1 to 55410000-7; 55521000-8 to 55521200-0 (55521000-8 Catering services for private households, 55521100-9 Meals-on- wheels services, 55521200-0 Meal delivery service) 55520000-1 Catering services, 55522000-5 Catering services for transport enterprises, 55523000-2 Catering services for other enterprises or other institutions, 55524000-9 School catering services 55510000-8 Canteen services, 55511000-5 Canteen and other restricted-clientele cafeteria services, 55512000-2 Canteen management services, 55523100-3 School-meal services	Hotel and restaurant services
79100000-5 to 79140000-7; 75231100-5;	Legal services, to the extent not excluded by regulation 20(1)(d)
75100000-7 to 75120000-3; 75123000-4; 75125000-8 to 75131000-3	Other administrative services and government services
75200000-8 to 75231000-4	Provision of services to the community
75231210-9 to 75231230-5; 75240000-0 To 75252000-7; 794300000-7; 98113100-9	Prison related services, public security and rescue services to the extent not excluded by regulation 20(1)(i)
79700000-1 to 79721000-4 (Investigation and security services, Security services, Alarm- monitoring services, Guard services, Surveillance services, Tracing system services, Absconder-tracing services, Patrol services, Identification badge release services, Investigation services and Detective agency services) 79722000-1(Graphology services), 79723000-8 (Waste analysis services)	Investigation and security services
98900000-2 (Services provided by extra- territorial organisations and bodies) and 98910000-5 (Services specific to international organisations and bodies)	International services
64000000-6 (Postal and telecommunications services), 64100000-7 (Post and courier services), 64110000-0 (Postal services), 64111000-7 (Postal services related to newspapers and periodicals), 64112000-4 (Postal services related to letters), 64113000-1 (Postal services related to parcels), 64114000-8 (Post office counter services), 64115000-5 (Mailbox rental), 64116000-2 (Post-restante services), 64122000-7 (Internal office mail and messenger services)	Postal services
50116510-9 (Tyre-remoulding services), 71550000-8 (Blacksmith services)	Miscellaneous services

Regulation 41B and 100B

[F3 SCHEDULE 2A S INTERNATIONAL TRADE AGREEMENTS

Textual Amendments

F3 Sch. 2A inserted (2.7.2021) by The Public Procurement (International Trade Agreements) (Amendment) Regulations 2021 (S.I. 2021/787), regs. 1(1), 6(4)

Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and the Republic of Chile, signed at Santiago on 30th January 2019.

Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation, signed at Bern on 11th February 2019.

Trade and Partnership Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the State of Israel, signed at Tel Aviv on 18th February 2019.

Economic Partnership Agreement between the CARIFORUM States, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, signed in St Lucia on 22nd March 2019.

Trade Agreement between the United Kingdom of Great Britain and Northern Ireland, of the one part, and the Republic of Colombia, the Republic of Ecuador and the Republic of Peru, of the other part, signed at Quito on 15th May 2019.

Agreement Establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed at Managua on 18th July 2019.

Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland, of the one part, and the Republic of Korea, of the other part, signed at London on 22nd August 2019.

Strategic Partnership and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and Georgia, signed at London on 21st October 2019.

Partnership, Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Kosovo, signed at Pristina on 3rd December 2019.

Political, Free Trade and Strategic Partnership Agreement between the United Kingdom of Great Britain and Northern Ireland and Ukraine, signed at London on 8th October 2020.

Agreement between the United Kingdom of Great Britain and Northern Ireland and Japan for a Comprehensive Economic Partnership, signed at Tokyo on 23rd October 2020.

Partnership, Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of North Macedonia, signed at Skopje on 3rd December 2020.

Agreement on Trade Continuity between the United Kingdom of Great Britain and Northern Ireland and Canada, signed at Ottawa on 9th December 2020.

Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Singapore, signed at Singapore on 10th December 2020.

Trade Continuity Agreement between the United Kingdom of Great Britain and Northern Ireland and the United Mexican States, signed at Mexico City on 15th December 2020.

Strategic Partnership, Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Moldova, signed at Chisnau on 24th December 2020.

Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and the Socialist Republic of Viet Nam, signed at London on 29th December 2020.

Partnership, Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Albania, signed at Tirana on 5th February 2021.

Partnership, Trade and Cooperation Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Serbia, signed at Belgrade on 16th April 2021.]

Regulation 110(2)

SCHEDULE 3 S CONSEQUENTIAL AND MISCELLANEOUS AMENDMENTS TO SUBORDINATE LEGISLATION

Cleaner Road Transport Vehicles (Scotland) Regulations 2010 S

1.—(1) The Cleaner Road Transport Vehicles (Scotland) Regulations 2010(2) are amended as follows.

(2) In regulation 2(3) (interpretation) in the definition of—

“contracting entity” for “regulation 3 of the Utilities Contracts (Scotland) Regulations 2012” substitute “regulation 4 of the Utilities Contracts (Scotland) Regulations 2016”; and

“operator” for “regulation 11 of the Utilities Contracts (Scotland) Regulations 2012” substitute “regulation 15 of the Utilities Contracts (Scotland) Regulations 2016”.

(3) In regulation 6(1)(b)(4) (enforcement of duties) for “Part 9 of the Utilities Contracts (Scotland) Regulations 2012” substitute “Chapter 2 of Part 5 of the Utilities Contracts (Scotland) Regulations 2016”.

Commencement Information

I3 Sch. 3 para. 1 in force at 18.4.2016, see reg. 1(2)

Defence and Security Public Contracts Regulations 2011 S

2.—(1) The Defence and Security Regulations are amended as follows.

(2) In regulation 4(d)(5) (contracting authorities) for “regulation 3 of the Utilities Contracts (Scotland) Regulations 2012” substitute “regulation 4 of the Utilities Contracts (Scotland) Regulations 2016”.

(3) In regulation 6(6) (application) for “the Utilities Contracts (Scotland) Regulations 2012”, in each place it occurs, substitute “the Utilities Contracts (Scotland) Regulations 2016”.

Commencement Information

I4 Sch. 3 para. 2 in force at 18.4.2016, see reg. 1(2)

Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013 S

3.—(1) The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013(7) is amended as follows.

(2) In paragraph 10 (public procurement) of Schedule 3 (exclusions of section 4(2)(a) and (b) of the Act)—

(a) in sub-paragraph (1)(a) for “regulation 26 of the Utilities Contracts (Scotland) Regulations 2012” substitute “regulation 78 of the Utilities Contracts (Scotland) Regulations 2016”;

(b) in sub-paragraph (1)(b) for “regulation 34 of the Utilities Contracts (Scotland) Regulations 2012” substitute “Chapter 2 of Part 3 of the Utilities Contracts (Scotland) Regulations 2016”;

(c) for sub-paragraph (2) substitute—

“(2) For the purposes of contract award procedures or design contests commenced before 18th April 2016 and on or after 1st May 2012, the references in sub-paragraph (1)—

(a) to regulations 58 and 79 of the Public Contracts (Scotland) Regulations 2015 are to be read as references to regulations 23 and 33 of the Public Contracts (Scotland) Regulations 2012(8); and

(b) to regulation 78 and Chapter 2 of Part 3 of the Utilities Contracts (Scotland) Regulations 2016 are to be read as references to regulations 26 and 34 of the Utilities Contracts (Scotland) Regulations 2012(9)”; and

(d) at the end of sub-paragraph (3) insert—

“(d) regulation 111(2) of the Utilities Contracts (Scotland) Regulations 2016.”.

Commencement Information

I5 Sch. 3 para. 3 in force at 18.4.2016, see reg. 1(2)

(1)

OJ L 293, 24.10.1990, p.1; last amended by Regulation (EC) No 1893/2006 of the European Parliament and of the Council (OJ L 393, 30.12.2006, p.1).

(2)

S.S.I. 2010/390.

(3)

Regulation 2 amended by S.S.I. 2012/88, schedule 7(B), paragraph 1 and S.S.I. 2012/89, schedule 5(B), paragraph 1.

(4)

Regulation 6(1)(b) amended by S.S.I. 2012/89, schedule 5(B), paragraph 1.

(5)

Regulation 4(d) amended by S.S.I. 2012/89, schedule 5(B), paragraph 1.

(6)

Regulation 6 amended by S.S.I. 2012/88, schedule 7(B), paragraph 1; S.S.I. 2012/89, schedule 5(B), paragraph 1; and S.I. 2015/102, schedule 6(2), paragraph 19(5).

(7)

S.S.I. 2013/50.

(8)

S.S.I. 2012/88, repealed by regulation 97 of the Public Contracts (Scotland) Regulations 2015, S.S.I. 2015/446, subject to the savings and transitional provisions in regulation 98 of those Regulations.

(9)

S.S.I. 2012/89, repealed by regulation 110 of these Regulations subject to the savings and transitional provisions in regulation 111 of these Regulations.