The Public Contracts (Works, Services and Supply) and Utilities Contracts (Amendment) Regulations 2003

Amendment of the Public Works Regulations

3.—(1) Regulation 2(1) of the Public Works Regulations (interpretation) shall be amended by inserting the following definition after the definition of “working day”—

““the Works Directive” means Council Directive 93/37/EEC of 9th August 1993(1);”.

(2) Regulation 9 of the Public Works Regulations (prior information notices) shall be amended by substituting “the form of the prior information notice in Annex IV to the Works Directive” for “a form substantially corresponding to that set out in Part A of Schedule 2”.

(3) Regulation 11(2) of the Public Works Regulations (the open procedure) shall be amended by substituting “the form of the contract notice in Annex IV to the Works Directive” for “a form substantially corresponding to that set out in Part B of Schedule 2”.

(4) Regulation 11(4)(b) of the Public Works Regulations (the open procedure) shall be amended by substituting “the form of the contract notice in Annex IV to the Works Directive” for “Part B of Schedule 2”.

(5) Regulation 12(2) of the Public Works Regulations (the restricted procedure) shall be amended by substituting “the form of the contract notice in Annex IV to the Works Directive” for “a form substantially corresponding to that set out in Part C of Schedule 2”.

(6) Regulation 12(12)(b) of the Public Works Regulations (the restricted procedure) shall be amended by substituting “the form of the contract notice in Annex IV to the Works Directive” for “Part C (or, if appropriate, Part D) of Schedule 2”.

(7) Regulation 13(2) of the Public Works Regulations (the negotiated procedure) shall be amended by substituting “the form of the contract notice in Annex IV to the Works Directive” for “a form substantially corresponding to that set out in Part D of Schedule 2”.

(8) Regulation 21(1) of the Public Works Regulations (contract award notice) shall be amended by substituting “in the form of the contract award notice in Annex IV to the Works Directive” for “substantially corresponding to the form set out in Part E of Schedule 2”.

(9) Regulation 21(2) of the Public Works Regulations (contract award notice) shall be amended by substituting “the form of the contract award notice in Annex IV to the Works Directive” for “Part E of Schedule 2”.

(10) Regulation 22(1) of the Public Works Regulations (information about contract award procedures) shall be amended by inserting the words “of its decision” after the words “Office for Official Publications of the European Communities” and by inserting the words “its decision and of” after the words “negotiate the contract of”.

(11) Regulation 22 of the Public Works Regulations (information about contract award procedures) shall be amended by inserting the following after paragraph (3)—

“(3A) A contracting authority shall promptly inform any contractor who submitted an offer or who applied successfully to be included amongst the persons to be selected to tender for or to negotiate the contract of its decision in relation to the award of the contract and shall do so in writing if requested.”.

(12) Regulation 25(2) of the Public Works Regulations (public works concessions contracts) shall be amended by substituting “the form of the public works concession contract notice in Annex IV to the Works Directive” for “a form substantially corresponding to that set out in Part F of Schedule 2”.

(13) Regulation 26(3)(a) of the Public Works Regulations (sub-contracting the work or works to be carried out under a public works concession contract) shall be amended by substituting “the form of the contract notice for contracts to be awarded by a concessionnaire in Annex VI to the Works Directive” for “a form substantially corresponding to that set out in Part G of Schedule 2”.

(14) Schedule 2 to the Public Works Regulations shall be revoked.

(1)

OJ L 199, 9.8.1993, p.54, as amended by Council Directive 97/52/EC (OJ L 328, 28.11.1997, p.1) and Commission Directive 2001/78/EC (OJ L 285, 29.10.2001, p.1) as corrected in a Corrigendum (OJ L 214, 9.8.2002, p.1). Annexes IV, V, and VI to Council Directive 93/37/EEC are replaced by the text of Annexes II, III and IV respectively to Commission Directive 2001/78/EC. Annex IV to Council Directive 93/37/EEC as replaced by Annex II to Commission Directive 2001/78/EC contains standard forms of prior information notice (standard form 2), contract notice (standard form 1) and contract award notice (standard form 3); Annex V as replaced by Annex III contains a standard form of public works concession contract notice (standard form 9); and Annex VI as replaced by Annex IV contains a standard form of contract notice for contracts to be awarded by a concessionaire (standard form 8). Corrections to the standard forms of notices are given in the Corrigendum, which also sets out the corrected standard forms in Annexes II, III and IV to Commission Directive 2001/78/EC in their entirety.