The Utilities Contracts (Scotland) Regulations 2006

Savings and transitional provisions

48.—(1) Where a utility has commenced a contract award procedure or a design contest before 31st January 2006, the Regulations specified in regulation 47 shall continue to have effect on and after 31st January 2006 in relation to that contract award procedure or design contest, as if those Regulations had not been revoked in accordance with regulation 47.

(2) A utility has commenced a contract award procedure or design contest as referred to in paragraph (1) where before 31st January 2006, in relation to that procedure–

(a) that utility has sent a contract notice to the Official Journal in order to invite tenders, requests to be selected to tender for or to negotiate in respect of a proposed contract;

(b) in any case where there is no requirement to send a contract notice to the Official Journal in accordance with the Regulations referred to in regulation 47, that utility has despatched any form of advertisement seeking offers or expressions of interest in a proposed contract; or

(c) where there is no advertising as referred to in sub paragraph (a) or (b), that utility has contacted any economic operator in order to seek expressions of interest or offers in respect of a proposed contract; or

(d) that utility has sent a notice to the Official Journal in accordance with the Regulations referred to in regulation 47 in order to publicise its intention to hold a design contest.

(3) Where a framework agreement has been concluded before 31st January 2006, these Regulations do not apply to the award of any specific contract under that framework agreement.

(4) “Contract notice” in this regulation means a contract notice within the meaning of the Utilities Contracts Regulations 1996.