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The Utilities Contracts (Scotland) Regulations 2012
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PART 7MATTERS RELATING TO A CONTRACT
Obligations relating to taxes, environmental protection, employment protection and working conditions
35.—(1) A utility may include in the contract documents relating to a works contract or a services contract information as to where a contractor or services provider may obtain information about the obligations relating to taxes, environmental protection, employment protection and working conditions which will apply to—
(a)the work or works to be carried out under the works contract; or
(b)the services to be provided under the services contract.
(2) A utility which provides the information referred to in paragraph (1) must request contractors or services providers to indicate that they have taken account of the obligations relating to employment protection provisions and those working conditions in preparing their tender or in negotiating the contract.
Conditions for performance of contracts
36.—(1) A utility may stipulate conditions relating to the performance of a contract, provided that those conditions are compatible with EU law and are indicated in—
(a)the notice used as a means of calling for competition and in the contract documents; or
(b)the contract documents.
(2) The conditions referred to in paragraph (1) may, in particular, include social or environmental considerations.
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