The Utilities Supply and Works Contracts Regulations 1992

Amendment of the Public Works Contracts Regulations and the Public Supply Contracts Regulations

32.—(1) The Public Works Contracts Regulations 1991(1) shall be amended by substituting—

(a) for paragraphs (a), (b) and (c) of regulation 6 the following paragraphs:

“(a) for the purpose of carrying out an activity specified in the second column of Schedule 1 to the Utilities Supply and Works Contracts Regulations 1992, other than an activity specified in paragraphs 2 or 3 thereof;

(b) when a contracting authority exercises the activity specified in paragraph 1 of Schedule 1 to the Utilities Supply and Works Contracts Regulations 1992, for the purpose of carrying out an activity specified in paragraph 2 or 3 thereof;”;

(b) in regulation 10(2)—

(i) in subparagraph (a) where it first appears “(3)” for “(4)” and “restricted” for “negotiated”;

(ii) in subparagraph (d) “(3)” for “(4)”;

(iii) in subparagraph (g) “(4)” for “(5)”;

(iv) in subparagraph (h) “(5)” for “(6)”;

(c) in regulation 12(4) “contractor” for “supplier”;

(d) in regulation 13—

(i) in paragraph (1)(b) “11(7)” for “11(6)”;

(ii) in paragraph (2) “2” for “3”;

(e) in regulation 18 “16(1)(b)” for “17(1)(b)”;

(f) in regulation 31(6) “paragraph (7)” for “paragraph (6)”; and

(g) in paragraph 6(a) of Part D of Schedule 2 “requests to participate” for “tenders”.

(2) The Public Supply Contracts Regulations 1991(2) shall be amended—

(a) by substituting for paragraphs (a), (b) and (c) of regulation 6 the following paragraphs:

“(a) for the purpose of carrying out an activity specified in the second column of Schedule 1 to the Utilities Supply and Works Contracts Regulations 1992 other than an activity specified in paragraph 2 or 3 thereof;

(b) when a contracting authority exercises the activity specified in paragraph 1 of Schedule 1 to the Utilities Supply and Works Contracts Regulations 1992 for the purpose of carrying out an activity specified in paragraph 2 or 3 thereof;”

(b) by inserting in regulation 10(3)(e), “and not attributable to”, after the words “unforeseeable by”; and

(c) by substituting in regulation 26(6) “has” for “had”.

(1)

S.I. 1991/2680.

(2)

S.I. 1991/2679.