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The Utilities Contracts Regulations 2016
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- UK Statutory Instruments
- 2016 No. 274
- PART 2
- CHAPTER 1
- Regulation 46
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The Utilities Contracts Regulations 2016, Section 46 is up to date with all changes known to be in force on or before 31 January 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Regulation 46:
- Regulations revoked by 2023 c. 54 Sch. 11 para. 7
Restricted ProcedureE+W+N.I.
This section has no associated Explanatory Memorandum
46.—(1) In restricted procedures, any economic operator may submit a request to participate in response to a call for competition by providing the information for qualitative selection that is requested by the utility.
(2) The minimum time limit for the receipt of the requests to participate shall, in general, be fixed at no less than 30 days—
(a)from the date on which the contract notice is [F1submitted]; F2...
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and shall in any event not be less than 15 days.
(3) Only those economic operators invited to do so by the utility following its assessment of the information provided may submit a tender.
(4) Utilities may limit the number of suitable candidates to be invited to participate in the procedure in accordance with regulation 78(3) and (4).
(5) The time limit for the receipt of tenders may be set by mutual agreement between the utility and the selected candidates, provided that all selected candidates have the same time to prepare and submit their tenders.
(6) In the absence of such an agreement on the time limit for receipt of tenders, the time limit shall be at least 10 days from the date on which the invitation to tender is sent.
Textual Amendments
F1Word in reg. 46(2)(a) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 10(31) (with Sch. paras. 3-5)
F2Reg. 46(2)(b) and word omitted (E. N.I.) (25.5.2023) by virtue of The Public Procurement (International Trade Agreements) (Amendment) Regulations 2023 (S.I. 2023/484), regs. 1(2), 4(8) (with regs. 1(4)(b), 5); and omitted (W.) (26.5.2023) by virtue of The Public Procurement (International Trade Agreements) (Amendment) (Wales) (No. 2) Regulations 2023 (S.I. 2023/567), regs. 1(2), 4(8) (with reg. 5)
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