Search Legislation

The Cleaner Road Transport Vehicles (Scotland) Regulations 2010

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Cleaner Road Transport Vehicles (Scotland) Regulations 2010 and come into force on 4th December 2010.

(2) These Regulations extend to Scotland only.

Interpretation

2.  In these Regulations—

“contracting authority” means a contracting authority as defined in regulation 3 of the Public Contracts (Scotland) Regulations 2006(1);

“contracting entity” means a utility as defined in regulation 3 of the Utilities Contracts (Scotland) Regulations 2006(2);

“Directive 2009/33/EC” means Directive 2009/33/EC of the European Parliament and of the Council on the promotion of clean and energy-efficient road transport vehicles(3);

“operator” means an operator for the discharge of public service obligations under a public service contract within the meaning of Article 2 of Regulation (EC) No. 1370/2007 of the European Parliament and of the Council on public passenger transport services by rail and by road(4), as amended from time to time, the value of which is not less than the threshold, applicable to that contract, as defined in regulation 8 of the Public Contract (Scotland) Regulations 2006 or regulation 11 of the Utilities Contract (Scotland) Regulations 2006;

“road transport vehicle” means a vehicle in the vehicle categories listed in Table 3 of the Annex to Directive 2009/33/EC.

Scope of these Regulations

3.—(1) Subject to paragraph (2), these Regulations apply to contracts for the purchase of road transport vehicles by contracting authorities, contracting entities or operators.

(2) These Regulations do not apply to contracts for the purchase of road transport vehicles that are set out in Article 2(3) of Directive 2007/46/EC on establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles(5), as amended from time to time, provided those vehicles are not subject to type approval or individual approval.

Purchase of clean and energy-efficient road transport vehicles

4.—(1) Any contracting authority, contracting entity or operator when purchasing road transport vehicles must take into account the operational lifetime energy and environmental impacts referred to in paragraph (2) in respect of the vehicle to be purchased.

(2) The operational lifetime energy and environmental impacts include—

(a)energy consumption;

(b)emissions of—

(i)carbon dioxide;

(ii)oxides of nitrogen;

(iii)non-methane hydrocarbons; and

(iv)particulate matter.

(3) The contracting authority, contracting entity or operator may also take into account other relevant environmental impacts.

(4) The contracting authority, contracting entity or operator must satisfy the requirements of paragraph (1) by applying one of the options set out in paragraph (5).

(5) The options are—

(a)setting technical specifications for energy and environmental performance in the documentation for the purchase of road transport vehicles for the impacts listed in paragraph (2), together with any additional environmental impacts being considered by virtue of paragraph (3);

(b)including energy and environmental impacts in the purchase decision by—

(i)including these impacts as award criteria where a procurement procedure is applied; or

(ii)applying the methodology prescribed in regulation 5 to convert these impacts into monetary values for inclusion in the purchase decision.

Methodology for the calculation of operational lifetime costs

5.  For the purpose of regulation 4(5)(b)(ii), the operational lifetime costs for the matters identified in regulation 4(2) are to be monetised and calculated by using the methodology set out in Article 6 to Directive 2009/33/EC.

Enforcement of duties

6.—(1) For the purposes of ensuring compliance with the requirements of these Regulations—

(a)Part 9 of the Public Contracts (Scotland) Regulations 2006 has effect—

(i)in relation to a contracting authority and an operator as it has effect in relation to a contracting authority for the purposes of ensuring compliance with the requirements of those Regulations; and

(ii)as if any reference in that Part to an economic operator included a reference to an operator; and

(b)Part 9 of the Utilities Contracts (Scotland) Regulations 2006 has effect—

(i)in relation to a contracting entity and an operator as it has effect in relation to a utility for the purposes of ensuring compliance with the requirements of those Regulations; and

(ii)as if any reference in that Part to an economic operator included a reference to an operator.

STEWART STEVENSON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

8th November 2010

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Executive Note

Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources