SCHEDULE 3Consequential Amendments

Utilities Contracts (Scotland) Regulations 201621

1

The Utilities Contracts (Scotland) Regulations 2016 M1 are amended as set out below.

2

In regulation 2(1) (interpretation)—

a

after the definition of “economic operator”, insert—

“eIDAS Regulation” means Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market;

“electronic document” has the meaning given in Article 3(35) of the eIDAS Regulation;

b

after the definition of “electronic means”, insert—

“electronic signature” has the meaning given in Article 3(10) of Regulation (EU) No 910/2014 of the eIDAS Regulation;

c

after the definition of “Public Contracts (Scotland) Regulations”, insert—

“qualified certificate for electronic signature” has the meaning given in Article 3(15) of the eIDAS Regulation;

3

In regulation 38(18)(d) (rules applicable to communication), for the words “qualified certificate”, wherever they may occur, substitute “ qualified certificate for electronic signature ”.

4

In regulation 38(19) (rules applicable to communication), for “Directive 1999/93/EC of the European Parliament and of the Council on a Community framework for electronic signatures” substitute, “ the eIDAS Regulation ”.