xmlns:atom="http://www.w3.org/2005/Atom"

This Scottish Statutory Instrument has been made to correct errors in S.S.I. 2009/428 and is being issued free of charge to all known recipients of that instrument.

Scottish Statutory Instruments

2009 No. 439

Public Procurement

The Public Contracts and Utilities Contracts (Scotland) Amendment (Amendment) Regulations 2009

Made

10th December 2009

Laid before the Scottish Parliament

11th December 2009

Coming into force

19th December 2009

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1).

Citation and commencement

1.—(1) These Regulations may be cited as the Public Contracts and Utilities Contracts (Scotland) Amendment (Amendment) Regulations 2009.

(2) These Regulations come into force on 19th December 2009.

Amendment of the Public Contracts and Utilities Contracts (Scotland) Amendment Regulations 2009

2.—(1) The Public Contracts and Utilities Contracts (Scotland) Amendment Regulations 2009(2) are amended as follows.

(2) In regulation 2 (amendment of the Public Contracts Regulations)—

(a)in paragraph (4)(b)(i), for “second” substitute “first”; and

(b)in paragraph (5)(b)(i), for “second” substitute “first”.

JOHN SWINNEY

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

10th December 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations correct errors in regulation 2(4)(b)(i) and (5)(b)(i) of the Public Contracts and Utilities Contracts (Scotland) Amendment Regulations 2009.

(1)

1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46) (“the Scotland Act”), Schedule 8, paragraph 15 and the Legislative and Regulatory Reform Act 2006 (c.51), section 27(1). The function conferred upon the Minister of the Crown, insofar as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act.