Regulation 2(1)

SCHEDULE 1GPA ANNEX 1 CONTRACTING AUTHORITIES

Where an entity listed in this Schedule is succeeded by another entity, which is itself a contracting authority, the successor entity shall be deemed to be included in this Schedule.

Regulation 2(1)

SCHEDULE 2ACTIVITIES CONSTITUTING WORKS

Section FConstruction
Divi-sionGroupClassSubjectNotesCPV Code
45ConstructionConstruction of new buildings and works, restoring and common repairs45000000
45.1Site preparation45100000
45.11Demolition and wrecking of buildings; earth moving

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

Building site drainage

Drainage of agricultural or forestry land

45110000
45.12Test drilling and boringTest drilling, test boring and core sampling for construction, geophysical, geological or similar purposes45120000
45.2Building of complete constructions or parts thereof; civil engineering45200000
45.21General construction of buildings and civil engineering works

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
45.22Erection of roof covering and frames

Erection of roofs

Roof covering

Waterproofing

45220000
45.23Construction of highways, roads, airfields and sport facilities

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

Paintings of markings on road surfaces and car parks

45230000
45.24Construction of water projects

Construction of:

waterways, harbour and river works, pleasure ports (marinas), locks, etc.

dams and dykes dredging

subsurface work

45240000
45.25Other construction work involving special trades

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

45250000
45.3Building installation45300000
45.31Installation of electrical wiring and fittings

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.

45310000
45.32Insulation work activitiesInstallation in buildings or other construction projects of thermal, sound or vibration insulation45320000
45.33Plumbing

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

45330000
45.34Other building installation

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

45340000
45.4Building completion45400000
45.41PlasteringApplication in buildings or other construction projects of interior and exterior plaster or stucco, including related lathing materials45410000
45.42Joinery installation

Installation of non 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.

45420000
45.43Floor and wall covering

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 carpets and linoleum floor coverings, including of rubber or plastic

terrazzo, marble, granite or slate floor or wall coverings

wallpaper

45430000
45.44Painting and glazing

Interior and exterior painting of buildings

Painting of civil engineering structures

Installation of glass, mirrors etc

45440000
45.45Other building completion

Installation of private swimming pools steam cleaning, sand blasting and similar activities for building exteriors

Other building completion and finishing work n.e.c.

45450000
45.5Renting of construction or demolition equipment with operator45500000
45.50Renting of construction or demolition equipment with operator45500000

Regulation 2(2)

SCHEDULE 3CATEGORIES OF SERVICES

Part A
CategoryServicesCPC Reference NoCPV Code
1Maintenance and repair of vehicles and equipment6112, 6122, 633, 886from 50100000 to 50982000 (except for 50310000 to 50324200 and 50116510-9, 50190000-3, 50229000-6, 50243000-0)
2Transport by land, including armoured car services and courier services but not including transport of mail and transport by rail712 (except 71235), 7512, 87304from 60112000-6 to 60129300-1 (except 60121000 to 60121600, 60122200-1, 60122230-0), and from 64120000-3 to 64121200-2
3Transport by air but not transport of mail73 (except 7321)from 62100000-3 to 62300000-5 (except 62121000-6, 62221000-7)
4Transport of mail by land, other than by rail, and by air71235, 7321

60122200-1, 60122230-0

62121000-6, 62221000-7

5Telecommunications services752

from 64200000-8 to 64228200-2, 72318000-7, and

from 72530000-9 to 72532000-3

6

Financial services:

(a)

Insurance services

(b)

Banking and investment services other than financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments and central bank services

Ex 81, 812, 814

from 66100000-1 to 66430000-3 and

from 67110000-1 to 67262000-1

7Computer and related services84

from 50300000-8 to 50324200-4,

from 72100000-6 to 72591000-4 (except 72318000-7 and from 72530000-9 to 72532000-3)

8Research and development services where the benefits accrue exclusively to the contracting authority for its use in the conduct of its own affairs and the services are to be wholly paid for by the contracting authority85

from 73000000-2 to 73300000-5

(except 73200000-4, 73210000-7, 7322000-0)

9Accounting, auditing and book-keeping services862from 74121000-3 to 74121250-0
10Market research and public opinion polling services864from 74130000-9 to 74133000-0, and 74423100-1, 74423110-4
11Management consultancy services and related services, but not arbitration and conciliation services865, 866

from 73200000-4 to 73220000-0,

from 74140000-2 to 74150000-5 (except 74142200-8), and 74420000-9, 74421000-6, 74423000-0, 74423200-2, 74423210-5, 74871000-5, 93620000-0

12Architectural services: engineering services and integrated engineering services: urban planning and landscape architectural services: related scientific and technical consulting services: technical testing and analysis services867

from 74200000-1 to 74276400-8, and

from 74310000-5 to 74323100-0, and 74874000-6

13Advertising services871from 74400000-3 to 74422000-3 (except 74420000-9 and 74421000-6)
14Building-cleaning services and property management services874, 82201 to 82206from 70300000-4 to 70340000-6, and 74710000-9 to 74760000-4
15Publishing and printing services on a fee or contract basis88442from 78000000-7 to 78400000-1
16Sewerage and refuse disposal service: sanitation and similar services94from 90100000-8 to 903200000-6, and 50190000-3, 50229000-6, 50243000-0
Part B
CategoryServicesCPC Reference No.CPV Code
17Hotel and restaurant services64from 55000000-0 to 55524000-9, and from 93400000-2 to 93411000-2
18Transport by rail711

60111000-9, and

from 60121000-2 to 60121600-8

19Transport by water72from 61000000-5 to 61530000-9, and from 63370000-3 to 63372000-7
20Supporting and auxiliary transport services74

62400000-6, 62440000-8, 62441000-5, 62450000-1,

from 63000000-9 to 63600000-5 (except 63370000-3, 63371000-0, 63372000-7), and 74322000-2, 93610000-7

21Legal services861from 74110000-3 to 74114000-1
22Personnel placement and supply services872from 74500000-4 to 74540000-6 (except 74511000-4), and from 95000000-2 to 95140000-5
23Investigation and security services, other than armoured car services873 (except 87304)from 74600000-5 to 74620000-1
24Education and vocational health services92from 80100000-5 to 80430000-7
25Health and social services93

74511000-4, and

from 85000000-9 to 85323000-9 (except 85321000-5 and 85322000-2)

26Recreational, cultural and sporting services96from 74875000-3 to 74875200-5, and from 92000000-1 to 92622000-7 (except 92230000-2)
27Other services

Regulations 2(1) and 4(4)

SCHEDULE 4EXTENSION TO NON-MEMBER STATES

Relevant StatesAgreement with the European Union which extends the provisions relating to public procurement to the relevant StateStatutory provisions designating the agreements as European Treaties
123
1. BulgariaEurope Agreement(1)S.I. 1994/758.
2. IcelandEuropean Economic Area Agreement(2)European Economic Area Act 1993(3), section 1.
3. LiechtensteinEuropean Economic Area AgreementEuropean Economic Area Act 1993, section 1.
4. NorwayEuropean Economic Area AgreementEuropean Economic Area Act 1993, section 1.
5. RomaniaEurope Agreement(4)S.I. 1994/760.

Regulation 8(5)

SCHEDULE 5GOODS FOR THE PURPOSES OF THE THRESHOLDS

The goods for the purpose of regulation 8(5) are those specified in the following chapters for the Customs Co-operation Council Nomenclature (CCCN).

Chapter 25:Salt; sulphur; earths and stone, plastering materials, lime and cement
Chapter 26:Metallic ores, slag and ash
Chapter 27:Mineral fuels, mineral oils and products of their distillation, bituminous substances; mineral waxes
except:
ex 27.10: special engine fuels
Chapter 28:Inorganic chemicals, organic and inorganic compounds of precious metals, of rare-earth metals, of radioactive elements and of isotopes
except:
ex 28.09: explosives
ex 28.13: explosives
ex 28.14: tear gas
ex 28.28: explosives
ex 28.32: explosives
ex 28.39: explosives
ex 28.50: toxic products
ex 28.51: toxic products
ex 28.54: explosives
Chapter 29:Organic chemicals
except:
ex 29.03: explosives
ex 29.04: explosives
ex 29.07: explosives
ex 29.08: explosives
ex 29.11: explosives
ex 29.12: explosives
ex 29.13: toxic products
ex 29.14: toxic products
ex 29.15: toxic products
ex 29.21: toxic products
ex 29.22: toxic products
ex 29.23: toxic products
ex 29.26: explosives
ex 29.27: toxic products
ex 29.29: explosives
Chapter 30:Pharmaceutical products
Chapter 31:Fertilisers
Chapter 32:Tanning and dyeing extracts, tannings and their derivatives, dyes, colours, paints and varnishes, putty, fillers and stoppings, inks
Chapter 33:Essential oils and resinoids, parfumery, cosmetic or toilet preparations
Chapter 34:Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing and scouring preparations, candles and similar articles, modelling pastes and ‘dental waxes’
Chapter 35:Albuminoidal substances, glues, enzymes
Chapter 37:Photographic and cinematographic goods
Chapter 38:Miscellaneous chemical products,
except:
ex 38.19: toxic products
Chapter 39:Artificial resins and plastic materials, celluloses esters and ethers, articles thereof,
except:
ex 39.03 explosives
Chapter 40:Rubber, synthetic rubber, factice, and articles thereof,
except:
ex 40.11: bullet-proof tyres
Chapter 41:Raw hides and skins (other than furskins) and leather
Chapter 42:Articles of leather, saddlery and harness, travel goods, handbags and similar containers, articles of animal gut (other than silkworm gut)
Chapter 43:Furskins and artificial fur, manufactures thereof
Chapter 44:Wood and articles of wood, wood charcoal
Chapter 45:Cork and articles of cork
Chapter 46:Manufactures of straw of esparto and of other plaiting materials, basketware and wickerwork
Chapter 47:Paper-making material
Chapter 48:Paper and paperboard, articles of paper pulp, of paper or of paperboard
Chapter 49:Printed books, newspapers, pictures and other products of the printing industry, manuscripts, type-scripts and plans
Chapter 65:Headgear and parts thereof
Chapter 66:Umbrellas, sunshades, walking-sticks, whips, riding-crops and parts thereof
Chapter 67:Prepared feathers and down and articles made of feathers or of down, artificial flowers, articles of human hair
Chapter 68:Articles of stone, of plaster, of cement, of asbestos, of mica and of similar materials
Chapter 69Ceramic products
Chapter 70:Glass and glassware
Chapter 71:Pearls, precious and semi-precious stones, precious metals, rolled precious metals, and articles thereof; imitation jewellery
Chapter 73:Iron and steel and articles thereof
Chapter 74:Copper and articles thereof
Chapter 75:Nickel and articles thereof
Chapter 76:Aluminium and articles thereof
Chapter 77:Magnesium and beryllium and articles thereof
Chapter 78:Lead and articles thereof
Chapter 79:Zinc and articles thereof
Chapter 80:Tin and articles thereof
Chapter 81:Other base metals employed in metallurgy and articles thereof
Chapter 82:Tools, implements, cutlery, spoons and forks, of base metal, parts thereof,
except:
ex 82.05: tools
ex 82.07: tools, parts
Chapter 83:Miscellaneous articles of base metal
Chapter 84:Boilers, machinery and mechanical appliances, parts thereof,
except:
ex 84.06: engines
ex 84.08: other engines
ex 84.45: machinery
ex 84.53: automatic data-processing machines
ex 84.55 parts of machines under heading No 84.53
ex 84.59: nuclear reactors
Chapter 85:Electrical machinery and equipment, parts thereof,
except:
ex: 85.13: telecommunication equipment
ex: 85.15: transmission apparatus
Chapter 86:Railway and tramway locomotives, rolling-stock and parts thereof, railway and tramway tracks fixtures and fittings, traffic signalling equipment of all kinds (not electrically powered),
except:
ex 86.02: armoured locomotives, electric
ex 86.03: other armoured locomotives
ex 86.05: armoured wagons
ex 86.06 repair wagons
ex 86.07 wagons
Chapter 87:Vehicles, other than railway or tramway rolling-stock, and parts thereof,
except:
ex 87.08: tanks and other armoured vehicles
ex 87.01: tractors
ex 87.02: military vehicles
ex 87.03: breakdown lorries
ex 87.09: motorcycles
ex 87.14: trailers
Chapter 89:Ships, boats and floating structures,
except:
ex 89.01A: warships
Chapter 90:Optical, photographic, cinematographic, measuring, checking, precision, medical and surgical instruments and apparatus, parts thereof,
except:
ex 90.05: binoculars
ex 90.13: miscellaneous instruments, lasers
ex 90.14: telemeters
ex 90.28: electrical and electronic measuring instruments
ex 90.11: microscopes
ex 90.17: medical instruments
ex 90.18: mechano-therapy appliances
ex 90.19: orthopaedic appliances
ex 90.20: X-ray apparatus
Chapter 91:Manufacture of watches and clocks
Chapter 92:Musical instruments, sound recorders or reproducers, television image and sound recorders or reproducers, parts and accessories of such articles
Chapter 94:Furniture and parts thereof, bedding, mattresses, mattress supports, cushions and similar stuffed furnishings,
except:
ex 94.01A: aircraft seats
Chapter 95:Articles and manufactures of carving or moulding material
Chapter 96:Brooms, brushes, powder-puffs and sieves
Chapter 98:Miscellaneous manufactured articles

Regulation 23(4)(j)

SCHEDULE 6PROFESSIONAL OR TRADE REGISTERS

PUBLIC SERVICES CONTRACTS

1.  In relation to procedures for the award of a public services contract, the following are the appropriate professional or trade registers for the purposes of regulation 23(4)(j)—

PUBLIC WORKS CONTRACTS

2.  In relation to procedures for the award of a public works contract the following are the appropriate professional or trade registers for the purposes of regulation 23(4)(j)–

PUBLIC SUPPLY CONTRACTS

3.  In relation to procedures for the award of a public supply contract the following are the appropriate professional or trade registers for the purposes of regulation 23(4)(j)—

Regulation 48

SCHEDULE 7CONSEQUENTIAL AMENDMENTS, REPEALS AND REVOCATIONS

PART 1CONSEQUENTIAL AMENDMENTS

ENACTMENTS

Greater London Authority Act 1999

1.—(1) Section 360 of the Greater London Authority Act 1999(5) (interpretation of sections 353 to 359) shall be amended as follows.

(2) In section 360(2), for the definition of “the public procurement regulations” there shall be substituted—

“the public procurement regulations” means either the Public Contracts Regulations 2006 or the Utilities Contracts Regulations 2006,.

(3) For section 360(3), there shall be substituted—

(3) “First information notice”, in relation to the awarding of a waste contract by a waste authority, means—

(a)in a case where the authority is required in the awarding of that contract to comply with the Public Contracts Regulations 2006, a notice in respect of that contract sent to the Official Journal of the European Union in compliance with regulation 11: or

(b)in a case where the authority is required in the awarding of that contract to comply with the Utilities Contracts Regulations 2006, a notice in respect of that contract sent to the Official Journal of the European Union in compliance with regulation 15..

(4) For section 360(4), there shall be substituted—

(4) “Second information notice” in relation to the awarding of a waste contract by a waste authority, means—

(a)in a case where the authority is required in the awarding of that contract to comply with the Public Contracts Regulations 2006, a notice in respect of that contract sent to the Official Journal of the European Union in compliance with regulation 15, 16, 17 or 18; or

(b)in a case where the authority is required in the awarding of that contract to comply with the Utilities Contracts Regulations 2006, a notice in respect of that contract sent to the Official Journal of the European Union which in accordance with regulation 16(2)(b) satisfies the requirement of regulation 16(1) to make a call for competition..

INSTRUMENTS

Schools Forums (England) Regulations 2002

2.  In regulation 8 of the Schools Forums (England) Regulations 2002(6), for the words from “either” to the end of the regulation there shall be substituted—

“the estimated value of the proposed contract is not less than the threshold which applies to the relevant authority for that proposed contract pursuant to regulation 8 of the Public Contracts Regulations 2006..

Service Charges (Consultation Requirements)(England) Regulations 2003

3.  In regulation 2 of the Service Charges (Consultation Requirements)(England) Regulations 2003(7) (interpretation), for the definition of “public notice” there shall be substituted—

“public notice” means notice published in the Official Journal of the European Union pursuant to the Public Contracts Regulations 2006;.

Schools Forums (Wales) Regulations 2003

4.  In regulation 9(1) of the Schools Forums (Wales) Regulations 2003(8), for the words from “either” to the end of the paragraph there shall be substituted—

“the estimated value of the proposed contract is not less than the threshold which applies to the relevant authority for that proposed contract pursuant to regulation 8 of the Public Contracts Regulations 2006..

Service Charges (Consultation Requirements) (Wales) Regulations 2004

5.  In regulation 2 of the Service Charges (Consultation Requirements) (Wales) Regulations 2004(9) (interpretation), for the definition of “public notice” there shall be substituted—

“public notice” (“hysbysiad cyhoeddus”) means notice published in the Official Journal of the European Union pursuant to the Public Contracts Regulations 2006..

PART 2REPEALS AND REVOCATIONS

ENACTMENTS

European Economic Area Act 1993

6.  In paragraph 3 of the Schedule to the European Economic Area Act 1993(10) (limitations on the application of section 2(1)), sub-paragraphs (e) and (f) shall cease to have effect.

INSTRUMENTS

TitleNumberExtent of revocation
123
Public Works Contracts Regulations 1991S.I. 1991/2680The whole Regulations.
Public Services Contracts Regulations 1993S.I. 1993/3228The whole Regulations.
Public Supply Contracts Regulations 1995S.I. 1995/201The whole Regulations.
Local Government (Translation Amendments)(Scotland) Order 1996S.I. 1996/974Paragraphs 9 and 11 of Schedule 1.
Secretary of State for Culture, Media and Sport Order 1997S.I. 1997/1744Paragraph 5 of the Schedule.
Competition Act 1998 (Competition Commission) Transitional, Consequential and Supplemental Provisions Order 1999S.I. 1999/506Article 35.
Scotland Act 1998 (Consequential Modifications)(No. 1) Order 1999S.I. 1999/1042Paragraphs 20, 21 and 22 of Schedule 1 and paragraph 13 of Schedule 2.
Scotland Act 1998 (Consequential Modifications)(No. 2) Order 1999S.I. 1999/1820Paragraphs 148, 153 and 156 of Schedule 2.
Greater London Authority Act 1999 (Consequential Amendments of Subordinate Legislation)(Fire etc Authority) Order 2000S.I. 2000/1553Paragraphs 5, 6 and 8 of the Schedule.
Public Contracts (Works, Services and Supply)(Amendment) Regulations 2000S.I. 2000/2009The whole Regulations.
Postal Services Act 2000 (Consequential Modifications No. 1) Order 2001S.I. 2001/1149Paragraphs 100 and 106 of Schedule 1.
Nursing and Midwifery Order 2001 (Consequential Amendments) Order 2002S.I. 2002/881Paragraph 11 of the Schedule.
Public Contracts (Works, Services and Supply) and Utilities Contracts (Amendment) Regulations 2003S.I. 2003/46The whole Regulations.
Transport for London (Consequential Provisions) Order 2003S.I. 2003/1615Paragraph 50 of Schedule 1.
Fire and Rescue Services Act 2004 (Consequential Amendments) (England) Order 2004S.I. 2004/3168Articles 24, 31 and 33.
Fire and Rescue Services Act 2004 (Consequential Amendments) (Wales) Order 2005S.I. 2005/2929Articles 25, 31 and 33.
(1)

OJ No L358, 31.12.94, p.2.

(2)

Cmnd 2073 as adjusted by the Protocol signed in Brussels on 17th March 1993 (Cmnd 2183).

(4)

OJ No L357, 31.12.94,p.2.

(6)

S.I. 2002/2114, to which there are amendments not relevant to these Regulations.

(7)

S.I. 2003/1987, to which there are amendments not relevant to these Regulations.

(9)

S.I. 2004/684, to which there are amendments not relevant to these Regulations.

(10)

1993c.51.