The Concession Contracts Regulations 2016

Regulation 2(1)

SCHEDULE 1E+W+N.I.ACTIVITIES CONSTITUTING WORKS

In this Schedule, ‘NACE’ has the same meaning as in Council Regulation (EEC) No 3037/90 on the classification of economic activities in the European Community M1, and numerical references in the columns relating to the NACE relate to the Annex to that Regulation. In the event of any difference of interpretation between the CPV and the NACE, the CPV nomenclature shall apply.

NACE Rev. 1CPV Code
SECTION FCONSTRUCTION
DivisionGroupClassSubjectNotes
45Construction

This division includes:

construction of new buildings and works, restoring and common repairs.

45000000
45.1Site preparation45100000
45.11Demolition 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
45.12Test 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
45.2Building of complete constructions or parts thereof; civil engineering45200000
45.21General 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.

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.

45210000

Except:

—45213316

45220000

45231000

45232000

45.22Erection of roof covering and frames

This class includes:

—erection of roofs,

—roof covering,

—waterproofing.

45261000
45.23Construction 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

45.24Construction 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
45.25Other 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

45.3Building installation45300000
45.31Installation 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

45.32Insulation 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
45.33Plumbing

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
45.34Other 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

45.4Building completion45400000
45.41Plastering

This class includes:

—application in buildings or other construction projects of interior and exterior plaster or stucco, including related lathing materials.

45410000
45.42Joinery 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
45.43Floor 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
45.44Painting 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
45.45Other 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

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

This class excludes:

—renting of construction or demolition machinery and equipment without operators, see 71.32.

45500000

Marginal Citations

M1OJ No L 293, 24.10.1990, p.1; last amended by Regulation (EC) No 1893/2006 of the European Parliament and of the Council (OJ No L. 393, 30.12.2006, p1).

Regulation 4

SCHEDULE 2E+W+N.I.ACTIVITIES EXERCISED BY UTILITIES

Gas and heatE+W+N.I.

1.—(1) In the case of gas and heat, the following activities—

(a)the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of gas or heat;

(b)the supply of gas or heat to such networks.

(2) The supply by a utility referred to in regulation 5(1)(b) or (c) of gas or heat to fixed networks which provide a service to the public shall not be considered a relevant activity within the meaning of sub-paragraph (1) where both of the following conditions are met—

(a)the production of gas or heat by that utility is the unavoidable consequence of carrying out an activity other than one referred to in this paragraph or in paragraphs 2 and 3;

(b)the supply to the public network is aimed only at the economic exploitation of such production and amounts to not more than 20% of that utility's turnover on the basis of the average for the preceding 3 years, including the current year.

(3) In this paragraph, “supply” includes the generation, production, wholesale and retail sale of gas, other than the production of gas in the form of extraction which, instead, falls within the scope of paragraph 6.

ElectricityE+W+N.I.

2.—(1) In the case of electricity, the following activities—

(a)the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of electricity;

(b)the supply of electricity to such networks.

(2) The supply by a utility referred to in regulation 5(1)(b) or (c) of electricity to fixed networks which provide a service to the public shall not be considered a relevant activity within the meaning of sub-paragraph (1) where both of the following conditions are met—

(a)the production of electricity by that utility takes place because its consumption is necessary for carrying out an activity other than one referred to in this paragraph or paragraphs 1 and 3;

(b)the supply to the public network depends only on that utility's own consumption and has not exceeded 30% of that utility's total production of energy, on the basis of the average for the preceding 3 years, including the current year.

(3) In this paragraph, “supply” includes the generation, production, wholesale and retail sale of electricity.

Transport servicesE+W+N.I.

3.—(1) Activities relating to the provision or operation of networks providing a service to the public in the field of transport by—

(a)railway;

(b)automated systems;

(c)tramway;

(d)trolley bus;

(e)bus; or

(f)cable.

(2) For the purposes of this paragraph, a network shall be considered to exist where the service is provided under operating conditions laid down by a competent authority, such as—

(a)conditions on the routes to be served;

(b)the capacity to be made available; or

(c)the frequency of the service.

Ports and airportsE+W+N.I.

4.  Activities relating to the exploitation of a geographical area for the purpose of the provision of airports and maritime or inland ports or other terminal facilities to carriers by air, sea or inland waterway.

Postal servicesE+W+N.I.

5.—(1) Activities relating to the provision of—

(a)postal services;

(b)services other than postal services, on condition that such services are provided by an entity which also provides postal services that are not directly exposed to competition within the meaning of regulation 34(2) of the Utilities Contracts Regulations 2016 M2.

(2) In this paragraph—

(a)postal item” means an item addressed in the final form in which it is to be carried, irrespective of weight, which includes—

(i)correspondence,

(ii)books,

(iii)catalogues,

(iv)newspapers,

(v)periodicals, and

(vi)postal packages containing merchandise with or without commercial value;

(b)postal services” means services consisting of the clearance, sorting, routing and delivery of postal items, including both services falling within as well as services falling outside the scope of the universal service set up in accordance with the Postal Services Act 2011 M3;

(c)services other than postal services” means services provided in the following areas—

(i)mail service management services (services both preceding and subsequent to despatch, including mailroom management services);

(ii)services concerning items for posting not included in the definition of “postal item” in this paragraph, such as direct mail bearing no address.

Marginal Citations

Extraction of oil and gas and exploration for, or extraction of, coal or other solid fuelsE+W+N.I.

6.  Activities relating to the exploitation of a geographical area for the purpose of—

(a)extracting oil or gas;

(b)exploring for, or extracting, coal or other solid fuels.

Regulation 19

SCHEDULE 3E+W+N.I.SOCIAL AND OTHER SPECIFIC SERVICES

DescriptionCPV Code

796110000-0, 75200000-8, 75231200-6, 75231240-8, 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 853230000-9, 85143000-3,

98133100-5, 98133000-4 and 98200000-5 and 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 92342200-2; from 92360000-2 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
75300000-9Compulsory social security services
75310000-2, 75311000-9, 75312000-6, 75313000-3, 75313100-4, 75314000-0, 75320000-5, 75330000-8, 75340000-1Benefit services
98000000-3, 98120000-0, 98132000-7, 98133110-8 and 98130000-3Other community, social and personal services including services furnished by trade unions, political organisations, youth associations and other membership organisation services
98131000-0Religious 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, 75231100-5Legal services to the extent not excluded under regulation 10(11)(d)
75100000-7 to 75120000-3, 75123000-4, 75125000-8 to 75131000-3Other administrative services and government services
75200000-8 to 75231000-4Provision of services to the community
75231210-9 to 75231230-5, 75240000-0 to 75252000-7, 79430000-7, 98113100-9Prison related services, public security and rescue services to the extent not excluded under regulation 10(11)(g)

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
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

98900000-2 (services provided by extra-territorial organisations and bodies)

98910000-5 (services specific to international organisations and bodies)

International services