The Public Contracts (Scotland) Regulations 2012

Official lists of approved economic operators

27.—(1) Subject to paragraph (5), where an economic operator which is registered or certified, submits to the contracting authority a certificate referred to in paragraph (2) and which deals with the matters referred to in paragraph (3), the contracting authority must accept the certificate as evidence of the matters referred to in that paragraph, and is not entitled to seek any information, or supplementary information according to regulation 26, in relation to such matters.

(2) The certificates referred to in this paragraph are—

(a) a certificate of registration issued by the authority administering the official list; or

(b) a certificate issued by the body administering the certification,

which specifies the information submitted to that authority or body which enabled the economic operator to be registered or certified and which states the classification given.

(3) The matters referred to in this paragraph are the grounds referred to in regulations 23(1), 4(a) to (e), (h) and (j), 24(1)(b)(ii) and (iii) and—

(a) in the case of a contractor, regulation 25(2)(b), (d), (g), (i) and (j);

(b) in the case of a service provider, regulation 25(2)(c), (e), (f), (g), (h), (i), (j) and (k); or

(c) in the case of a supplier, regulation 25(2)(c), (d), (e), (f), (l) and (m).

(4) In this regulation—

“registered” means an economic operator who is registered on the official list of approved contractors, service providers or suppliers in a relevant State which maintains such lists and in which the economic operator is established; and

“certified” means an economic operator who is certified by a certification body complying with European standards in a relevant State which maintains such certification and in which the economic operator is established.

(5) A contracting authority is not required to comply with paragraph (1) where it considers that it has justification for not doing so.