The Public Works Contracts Regulations 1991

Interpretation

2.  –

(1) In these Regulations–

“to award” means to accept an offer made in relation to a proposed contract;

“carrying out”, in relation to a work or works, means the construction or the design and construction of that work or those works;

“the Commission” means the Commission of the Communities;

“concessionaire” means a person who has entered into a public works concession contract with a contracting authority;

“contract documents” means the invitation to tender for or negotiate the contract, the proposed conditions of contract, the specifications or description of the work or works required by the contracting authority and of the materials or goods to be used in or for it or them, and all documents supplementary thereto;

“contract notice” means a notice sent to the Official Journal in accordance with regulation 11(2), 12(2), 13(2), 25(2) or 26(3);

“contracting authority” has the meaning ascribed to it by regulation 3;

“contractor” has the meaning ascribed to it by regulation 4;

“ECU” means the European Currency Unit as defined in Council Regulation (EEC) No. 3180/78((1));

“established” means the same as it does for the purposes of the Community Treaties;

“financial year” means the period of 12 months ending on 31st March in any year or, in relation to any person whose accounts are prepared in respect of a different 12 month period, that period of 12 months;

“government department” includes a Northern Ireland department or the head of such department;

“Minister of the Crown” means the holder of an office in Her Majesty’s Government in the United Kingdom, and includes the Treasury;

“national of a member State” means, in the case of a person who is not an individual, a person formed in accordance with the laws of a member State and which has its registered office, central administration or principal place of business in a member State;

“negotiated procedure” means a procedure leading to the award of a public works contract whereby the contracting authority negotiates the terms of the contract with one or more persons selected by it;

“Official Journal” means the Official Journal of the Communities;

“open procedure” means a procedure leading to the award of a public works contract whereby all interested persons may tender for the contract;

“public housing scheme works contract” means a public works contract relating to the design and construction of a public housing scheme;

“public works concession contract” means a public works contract under which the consideration given by the contract ing authority consists of or includes the grant of a right to exploit the work or works to be carried out under the contract;

“public works contract” means a contract in writing for consideration (whatever the nature of the consideration)–

(a)

for the carrying out of a work or works for a contracting authority, or

(b)

under which a contracting authority engages a person to procure by any means the carrying out for the contracting authority of a work corresponding to specified requirements;

“restricted procedure” means a procedure leading to the award of a public works contract whereby only persons selected by the contracting authority may submit tenders for the contract;

“work” means the outcome of any works which is sufficient of itself to fulfil an economic and technical function;

“working day” means a day other than a Saturday, Sunday or Bank Holiday within the meaning of the Banking and Financial Dealings Act 1971((2));

“works” means any of the activities specified in Schedule 1, being activities contained in the general industrial classification of economic activities within the Communities; and

“year” means a calendar year.

(2) The value in the currency of any member State of any amount expressed in these Regulations in ECU shall be calculated by reference to the exchange rate for the time being applying for the purposes of Council Directive 71/305/EEC((3)) as published from time to time in the Official Journal.((4))

(3) Where a thing is required to be done under these Regulations–

(a) within a period after an action is taken, the day on which that action was taken shall not be counted in the calculation of that period;

(b) within a certain period, that period must include 2 working days;

(c) within a period and the last day of that period is not a working day, the period shall be extended to include the following working day.

(4) References in these Regulations to a regulation are references to a regulation in these Regulations and references to a Schedule are references to a Schedule to these Regulations.

(1)

OJ No. L379, 30.12.78, p. 1, as amended by Council Regulation (EEC) No. 2626/84 (OJ No. L247, 16.9.84, p. 1).

(2)

1971 c. 80.

(3)

OJ No. L185, 16.8.71, p. 5, as amended by Council Directive 89/440/EEC (OJ No. L210, 21.7.89, p. 1).

(4)

The rates are determined for each successive period of 2 years by calculating the average of the daily exchange rates between each currency and the ECU over a period of 24 months preceding the determination. The exchange rates applying at the time of coming into force of these Regulations are published in OJ No. C18, 25.1.90, p. 3.