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The Public Contracts (Scotland) Regulations 2015

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This is the original version (as it was originally made).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

Regulation 2(1)

SCHEDULE 1CENTRAL GOVERNMENT AUTHORITIES

This Schedule transposes Annex I to the Directive by listing relevant domestic central government authorities for the purposes of the definition of “central government authorities” in regulation 2(1).

Where an entity listed in this Schedule is succeeded by another entity, which is itself a contracting authority, the successor entity shall be deemed to be included in this Schedule.

  • Cabinet Office

    • Office of the Parliamentary Counsel

    • Crown Commercial Service

  • Charity Commission

  • Crown Estate Commissioners (Vote Expenditure Only)

  • Crown Prosecution Service

  • Department for Business, Innovation and Skills

    • Competition and Markets Authority

    • Higher Education Funding Council for England

    • Intellectual Property Office

    • Met Office

    • National Measurement Office

    • Office of Manpower Economics

  • Department of Communities and Local Government

    • Rent Assessment Panels

  • Department for Culture, Media and Sport

    • British Library

    • British Museum

    • Commission for Architecture and the Built Environment

    • The Gambling Commission

    • Historic Buildings and Monuments Commission for England (English Heritage)

    • Imperial War Museum

    • Museums, Libraries and Archives Council

    • National Gallery

    • National Maritime Museum

    • National Portrait Gallery

    • Natural History Museum

    • Science Museum

    • Tate Gallery

    • Victoria and Albert Museum

    • Wallace Collection

  • Department for Education

  • Department for Energy and Climate Change

  • Department for Environment, Food and Rural Affairs

    • Agricultural Dwelling House Advisory Committees

    • Agricultural Land Tribunals

    • Cattle Breeding Centre

    • Countryside Agency

    • Plant Variety Rights Office

    • Royal Botanic Gardens, Kew

    • Royal Commission on Environmental Pollution

  • Department of Health

    • NHS Business Services Authority

    • NHS Trusts

  • Department for International Development

  • Department of the Procurator General and Treasury Solicitor

    • Legal Secretariat to the Law Officers

  • Department for Transport

    • Maritime and Coastguard Agency

  • Department for Work and Pensions

    • Health and Safety Executive

    • Independent Tribunal Service

    • Industrial Injuries Advisory Council

    • Medical Boards and Examining Medical Officers (War Pensions)

    • Occupational Pensions Regulatory Authority

    • Pensions Ombudsman

    • Pensions Protection Fund Ombudsman

    • Regional Medical Service

    • Social Security Advisory Committee

  • Foreign and Commonwealth Office

    • Wilton Park Conference Centre

  • Government Actuary’s Department

  • GCHQ

  • Home Office

    • HM Inspectorate of Constabulary

  • House of Commons

  • House of Lords

    • Ministry of Defence

    • Defence Equipment & Support

    • Defence Infrastructure Organisation

    • Defence Science and Technology Laboratories

  • Ministry of Justice

    • Boundary Commission for England

    • Combined Tax Tribunal

    • Council on Tribunals

    • Court of Appeal — Criminal

    • Employment Appeals Tribunal

    • Employment Tribunals

    • HMCS Regions, Crown, County and Combined Courts (England and Wales)

    • Immigration Appellate Authorities

    • Immigration Adjudicators

    • Immigration Appeals Tribunal

    • Lands Tribunal

    • Law Commission

    • Legal Aid Agency (England and Wales)

    • Office of the Social Security Commissioners

    • Parole Board and Local Review Committees

    • Pensions Appeal Tribunals

    • Public Trust Office

    • Supreme Court Group (England and Wales)

    • Transport Tribunal

  • The National Archives

  • National Audit Office

  • National Savings and Investments

  • Public Prosecution Service for Northern Ireland

  • Office of Fair Trading

  • Office for National Statistics

    • National Health Service Central Register

  • Parliamentary and Health Service Ombudsman

  • Paymaster General’s Office

  • Privy Council Office

  • HM Revenue and Customs

  • Royal Hospital, Chelsea

  • Royal Mint

  • Rural Payments Agency

  • HM Treasury

    • United Kingdom Debt Management Office

  • Northern Ireland, Department of Agriculture and Rural Development

    • Agri-Food and Biosciences Institute

    • Livestock and Meat Commission for Northern Ireland

    • Northern Ireland Fishery Harbour Authority

  • Northern Ireland, Department of Culture, Arts and Leisure

  • Armagh Observatory

    • Armagh Planetarium

    • Arts Council of Northern Ireland

    • Northern Ireland Library Authority

    • Northern Ireland Screen

    • Northern Ireland Museums Council

    • National Museums Northern Ireland

    • Sport NI

  • Northern Ireland, Department of Education

    • Council for Catholic Maintained Schools

    • Comhairle na Gaelscolaiochta

    • Council for the Curriculum, Examinations and Assessment

    • Education and Library Boards

    • Exceptional Circumstances Body

    • General Teaching Council for Northern Ireland

    • Middletown Centre for Autism

    • Northern Ireland Council for Integrated Education

    • Staff Commission for Education and Library Boards

    • Youth Council for Northern Ireland

  • Northern Ireland, Department for Employment and Learning

    • Belfast Metropolitan College

    • Construction Industry Training Board – ConstructionSkills NI

    • Labour Relations Agency

    • Northern Regional College

    • North West Regional College

    • South Eastern Regional College

    • Southern Regional College

    • South West College

    • Stranmillis University College

    • Ulster Supported Employment Limited

  • Northern Ireland, Department of Enterprise, Trade and Investment

    • Consumer Council for Northern Ireland

    • Health and Safety Executive for Northern Ireland

    • Invest Northern Ireland

    • Northern Ireland Tourist Board

  • Northern Ireland, Department of the Environment

    • Northern Ireland Local Government Officers’ Superannuation Committee

    • Local Government Staff Commission

    • Northern Ireland Environment Agency

  • Northern Ireland, Department of Finance and Personnel

    • Northern Ireland Building Regulations Advisory Committee

    • Statistics Advisory Committee

    • Public service Commission for Northern Ireland

    • Lay Observer for Northern Ireland

  • Northern Ireland, Department of Health, Social Services and Public Safety

    • Belfast Health and Social Care Trust

    • Regional Business Services Organisation

    • Regional Health and Social Care Board

    • Northern Health and Social Care Trust

    • Northern Ireland Ambulance Service Trust

    • Northern Ireland Blood Transfusion Service

    • Northern Ireland Fire and Rescue Service

    • Northern Ireland Guardian Ad Litem Agency

    • Northern Ireland Medical and Dental Training Agency

    • Northern Ireland Practice and Education Council for Nursing and Midwifery

    • Northern Ireland Social Care Council

    • Patient and Client Council

    • Regional Agency for Public Health and Social Well Being

    • Health and Social care Regulation and Quality Improvement Authority

    • South Eastern Health and Social Care Trust

    • Southern Health and Social Care Trust

    • Western Health and Social Care Trust

  • Northern Ireland, Department of Justice

    • Chief Inspector of Criminal Justice

    • Northern Ireland Law Commission

    • Northern Ireland Legal Services Commission

    • Northern Ireland Policing Board

    • Northern Ireland Policing Fund

    • Northern Ireland Prisoner Ombudsman

    • Probation Board for Northern Ireland

    • Police Ombudsman Northern Ireland

    • Police Retraining and Rehabilitation Trust

    • Police Service of Northern Ireland

    • RUC George Cross Foundation

  • Northern Ireland, Department for Regional Development

  • Northern Ireland, Department for Social Development

    • Northern Ireland Housing Executive

    • The Charity Commission for Northern Ireland

  • Northern Ireland, Office of the First Minister and Deputy First Minister

    • Attorney General for Northern Ireland

    • Commissioner for Children and Young People for Northern Ireland

    • Commissioner for Older People for Northern Ireland

    • Commissioner for Public Appointments for Northern Ireland

    • Commissioner for Victims and Survivors

    • Community Relations Council

    • Equality Commission for Northern Ireland

    • ILEX Urban Regeneration Company Limited

    • Maze Long Kesh Development Corporation

    • Northern Ireland Judicial Appointments Commission

    • Strategic Investment Board

    • Planning and Water Appeals Commission

    • Victims and Survivors Service Ltd

  • Scotland, Auditor-General

  • Scotland, Crown Office and Procurator Fiscal Service

  • Scotland, Queen’s and Lord Treasurer’s Remembrancer

  • Scotland, Registers of Scotland

  • The Scotland Office

  • The Scottish Ministers

    • Architecture and Design Scotland

    • Common Services Agency for the Scottish Health Service

    • Court of Session

    • Crofting Commission

    • Food Standards Scotland

    • Health Boards

    • Health Improvement Scotland

    • Health and Social Care Partnerships

    • High Court of Justiciary

    • Historic Environment Scotland

    • HM Inspectorate of Constabulary

    • Integration Joint Boards

    • Keeper of the Records of Scotland

    • Keeper of the Registers of Scotland

    • Lands Tribunal for Scotland

    • National Galleries of Scotland

    • National Library of Scotland

    • National Museums of Scotland

    • National Records of Scotland

    • Parole Board for Scotland

    • Pensions Appeal Tribunals

    • Revenue Scotland

    • Royal Botanic Garden, Edinburgh

    • Scottish Courts and Tribunal Service

    • Scottish Fire and Rescue Service

    • Scottish Further and Higher Education Funding Council

    • Scottish Land Court

    • Scottish Law Commission

    • Scottish Natural Heritage

    • Sheriff Courts

    • Scottish Police Authority

    • Special Health Boards

    • The Office of the Accountant of Court

    • The Private Rented Housing Panel and Private Rented Housing Committees

  • The Scottish Parliamentary Body Corporate

  • UK Export Finance

  • The Wales Assembly Parliamentary Service

  • Welsh Language Commissioner

  • The Wales Office (Office of the Secretary of State for Wales)

  • The Welsh Ministers

    • Arts Council of Wales

    • Care Council for Wales

    • Higher Education Funding Council Wales

    • Local Democracy and Boundary Commission for Wales

    • National Museum Wales

    • National Library of Wales

    • Natural Resources Wales

    • Rent Assessment Committees

    • Royal Commission on the Ancient and Historical Monuments of Wales

    • Sport Wales

  • Welsh NHS Bodies

Regulations 2(1) and 14(1)(a)(i)

SCHEDULE 2ACTIVITIES CONSTITUTING WORKS

In this Schedule, ‘NACE Rev.1’ has the same meaning as in Council Regulation (EEC) No 3037/90 on the statistical classification of economic activities in the European Community(1), and numerical references in the columns relating to the NACE Rev.1 relate to the Annex to that Regulation. In the event of any difference of interpretation between the CPV and the NACE Rev.1, the CPV nomenclature shall apply.

NACE Rev. 1CPV Code
SECTION FCONSTRUCTION
DivisionGroupClassSubjectNotes
45Construction

This division includes:

  • construction of new buildings and works, restoring and common repairs.

45000000
45.1Site preparation45100000
45.11Demolition and wrecking of buildings; earth moving

This class includes:

  • demolition of buildings and other structures,

  • clearing of building sites,

  • earth moving: excavation, landfill, levelling and grading of construction sites, trench digging, rock removal, blasting, etc.

  • site preparation for mining,

  • overburden removal and other development and preparation of mineral properties and sites.

This class also includes:

  • building site drainage.

  • drainage of agricultural or forestry land.

45110000
45.12Test drilling and boring

This class includes:

  • test drilling, test boring and core sampling for construction, geophysical, geological or similar purposes.

45120000

This class excludes:

  • drilling of production oil or gas wells, see 11.20.

  • water well drilling, see 45.25,

  • shaft sinking, see 45.25,

  • oil and gas field exploration, geophysical, geological and seismic surveying, see 74.20.

45.2Building of complete constructions or parts thereof; civil engineering45200000
45.21General construction of buildings and civil engineering works

This class includes:

  • construction of all types of buildings construction of civil engineering constructions,

  • bridges, including those for elevated highways, viaducts, tunnels and subways,

  • long-distance pipelines, communication and power lines,

  • urban pipelines, urban communication and power lines,

  • ancillary urban works,

  • assembly and erection of prefabricated constructions on the site.

This class excludes:

  • service activities incidental to oil and gas extraction, see 11.20,

  • erection of complete prefabricated constructions from self-manufactured parts not of concrete, see divisions 20, 26 and 28,

  • construction work, other than buildings, for stadiums, swimming pools, gymnasiums, tennis courts, golf courses and other sports installations, see 45.23,

  • building installation, see 45.3,

  • building completion, see 45.4,

  • architectural and engineering activities, see 74.20,

  • project management for construction, see 74.20.

45210000

Except:

—45213316

45220000

45231000

45232000

45.22Erection of roof covering and frames

This class includes:

  • erection of roofs,

  • roof covering,

  • waterproofing.

45261000
45.23Construction of highways, roads, airfields and sport facilities

This class includes:

  • construction of highways, streets, roads, other vehicular and pedestrian ways,

  • construction of railways,

  • construction of airfield runways,

  • construction work, other than buildings, for stadiums, swimming pools, gymnasiums, tennis courts, golf courses and other sports installations,

  • painting of markings on road surfaces and car parks.

This class excludes:

  • preliminary earth moving, see 45.11.

45212212 and DA03

45230000

except:

—45231000

—45232000

—45234115

45.24Construction of water projects

This class includes:

  • construction of:

  • waterways, harbour and river works, pleasure ports (marinas), locks etc.;

  • dams and dykes,

  • dredging,

  • subsurface work.

45240000
45.25Other construction work involving special trades

This class includes:

  • construction activities specialising in one aspect common to different kinds of structures, requiring specialised skill or equipment,

  • construction of foundations, including pile driving,

  • water well drilling and construction, shaft sinking,

  • erection of non-self- manufactured steel elements,

  • steel bending,

  • bricklaying and stone setting,

  • scaffolds and work platform erecting and dismantling, including renting of scaffolds and work platforms,

  • erection of chimneys and industrial ovens.

This class excludes:

  • renting of scaffolds without erection and dismantling, see 71.32

45250000

45262000

45.3Building installation45300000
45.31Installation of electrical wiring and fittings

This class includes: installation in buildings or other construction projects of:

  • electrical wiring and fittings,

  • telecommunications systems,

  • electrical heating systems,

  • residential antennas and aerials,

  • fire alarms,

  • burglar alarm systems,

  • lifts and escalators,

  • lightning conductors, etc.

45213316

45310000

Except: —

45316000

45.32Insulation work activities

This class includes:

  • installation in buildings or other construction projects of thermal, sound or vibration insulation.

This class excludes:

  • waterproofing, see 45.22.

45320000
45.33Plumbing

This class includes:

  • installation in buildings or other construction projects of:

  • plumbing and sanitary equipment,

  • gas fittings,

  • heating, ventilation, refrigeration or air- conditioning equipment and ducts,

  • sprinkler systems

This class excludes:

  • installation of electrical heating systems, see 45.31.

45330000
45.34Other building installation

This class includes:

  • installation of illumination and signalling systems for roads, railways, airports and harbours,

  • installation in buildings or other construction projects of fittings and fixtures n.e.c.

45234115

45316000

45340000

45.4Building completion45400000
45.41Plastering

This class includes:

  • application in buildings or other construction projects of interior and exterior plaster or stucco, including related lathing materials.

45410000
45.42Joinery installation

This class includes:

  • installation of not self-manufactured doors, windows, door and window frames, fitted kitchens, staircases, shop fittings and the like, of wood or other materials,

  • interior completion such as ceilings, wooden wall coverings, movable partitions, etc.

This class excludes:

  • laying of parquet and other wood floor coverings, see 45.43

45420000
45.43Floor and wall covering

This class includes:

  • laying, tiling, hanging or fitting in buildings or other construction projects of:

  • ceramic, concrete or cut stone wall or floor tiles,

  • parquet and other wood floor coverings carpets and linoleum floor coverings,

  • including of rubber or plastic,

  • terrazzo, marble, granite or slate floor or wall coverings,

  • wallpaper.

45430000
45.44Painting and glazing

This class includes:

  • interior and exterior painting of buildings,

  • painting of civil engineering structures,

  • installation of glass, mirrors, etc.

This class excludes:

  • installation of windows, see 45.42.

45440000
45.45Other building completion

This class includes:

  • installation of private swimming pools,

  • steam cleaning, sand blasting and similar activities for building exteriors,

  • other building completion and finishing work n.e.c.

This class excludes:

  • interior cleaning of buildings and other structures see 74.70.

45212212 and DA04

45450000

45.5Renting of construction or demolition equipment with operator45500000
45.50Renting of construction or demolition equipment with operator

This class excludes:

  • renting of construction or demolition machinery and equipment without operators, see 71.32.

45500000

Regulation 74

SCHEDULE 3SOCIAL AND OTHER SPECIFIC SERVICES

CPV CodeDescription
75200000-8; 75231200-6; 75231240-8; 79611000-0; 79622000-0 (Supply services of domestic help personnel); 79624000-4 (Supply services of nursing personnel) and 79625000-1 (Supply services of medical personnel) from 85000000-9 to 85323000-9; 98133100-5, 98133000-4; 98200000-5; 98500000-8 (Private households with employed persons) and 98513000-2 to 98514000-9 (Manpower services for households, Agency staff services for households, Clerical staff services for households, Temporary staff for households, Home-help services and Domestic services)Health, social and related services
85321000-5 and 85322000-2, 75000000-6 (Administration, defence and social security services), 75121000-0, 75122000-7, 75124000- 1; from 79995000-5 to 79995200-7; from 80000000-4 Education and training services to 80660000-8; from 92000000-1 to 92700000-8; 79950000-8 (Exhibition, fair and congress organisation services), 79951000-5 (Seminar organisation services), 79952000-2 (Event services), 79952100-3 (Cultural event organisation services), 79953000-9 (Festival organisation services), 79954000-6 (Party organisation services), 79955000-3 (Fashion shows organisation services), 79956000-0 (Fair and exhibition organisation services)Administrative social, educational, healthcare and cultural services
75300000-9Compulsory social security services

75310000-2, 75311000-9, 75312000-6,

75313000-3, 75313100-4, 75314000-0,

75320000-5, 75330000-8, 75340000-1

Benefit services

98000000-3; 98120000-0; 98132000-7;

98133110-8 and 98130000-3

Other community, social and personal services including services furnished by trade unions, political organisations, youth associations and other membership organisation services
98131000-0Religious services
55100000-1 to 55410000-7; 55521000-8 to 55521200-0 (55521000-8 Catering services for private households, 55521100-9 Meals-on- wheels services, 55521200-0 Meal delivery service) 55520000-1 Catering services, 55522000-5 Catering services for transport enterprises, 55523000-2 Catering services for other enterprises or other institutions, 55524000-9 School catering services 55510000-8 Canteen services, 55511000-5 Canteen and other restricted-clientele cafeteria services, 55512000-2 Canteen management services, 55523100-3 School-meal servicesHotel and restaurant services
79100000-5 to 79140000-7; 75231100-5;Legal services, to the extent not excluded by regulation 11(1)(e)

75100000-7 to 75120000-3; 75123000-4;

75125000-8 to 75131000-3

Other administrative services and government services
75200000-8 to 75231000-4Provision of services to the community
75231210-9 to 75231230-5; 75240000-0 To 75252000-7; 794300000-7; 98113100-9Prison related services, public security and rescue services to the extent not excluded by regulation 11(1)(k)
79700000-1 to 79721000-4 (Investigation and security services, Security services, Alarm- monitoring services, Guard services, Surveillance services, Tracing system services, Absconder-tracing services, Patrol services, Identification badge release services, Investigation services and Detective agency services) 79722000-1(Graphology services), 79723000-8 (Waste analysis services)Investigation and security services
98900000-2 (Services provided by extra- territorial organisations and bodies) and 98910000-5 (Services specific to international organisations and bodies)International services
64000000-6 (Postal and telecommunications services), 64100000-7 (Post and courier services), 64110000-0 (Postal services), 64111000-7 (Postal services related to newspapers and periodicals), 64112000-4 (Postal services related to letters), 64113000-1 (Postal services related to parcels), 64114000-8 (Post office counter services), 64115000-5 (Mailbox rental), 64116000-2 (Post-restante services), 64122000-7 (Internal office mail and messenger services)Postal services
50116510-9 (Tyre-remoulding services), 71550000-8 (Blacksmith services)Miscellaneous services

Regulation 5(2)

SCHEDULE 4LIST OF PRODUCTS RELEVANT TO THRESHOLDS

The products covered by this Schedule are those specified in the following chapters of the Combined Nomenclature (CN)(2):

Chapter 25:Salt, sulphur, earths and stone, plastering materials, lime and cement
Chapter 26:Metallic ores, slag and ash
Chapter 27:Mineral fuels, mineral oils and products of their distillation, bituminous substances, mineral waxes
except:
ex 27.10: special engine fuels
Chapter 28:Inorganic chemicals, organic and inorganic compounds of precious metals, of rare-earth metals, of radioactive elements and isotopes
except:
ex 28.09: explosives
ex 28.13: explosives
ex 28.14: tear gas
ex 28.28: explosives
ex 28.32: explosives
ex 28.39: explosives
ex 28.50: toxic products
ex 28.51: toxic products
ex 28.54: explosives
Chapter 29:Organic chemicals
except:
ex 29.03: explosives
ex 29.04: explosives
ex 29.07: explosives
ex 29. 08: explosives
ex 29.11: explosives
ex 29.12: explosives
ex 29.13: toxic products
ex 29.14: toxic products
ex 29.15: toxic products
ex 29.21: toxic products
ex 29.22: toxic products
ex 29.23: toxic products
ex 29.26: explosives
ex 29.27: toxic products
ex 29.29: explosive
Chapter 30:Pharmaceutical products
Chapter 31:Fertilisers
Chapter 32:Tanning and dyeing extracts, tanning and their derivatives, dyes, colours, paints and varnishes, putty, fillers and stoppings, inks
Chapter 33:Essential oils and resinoids, perfumery, cosmetic or toilet preparations
Chapter 34:Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing and scouring preparations, candles and similar articles, modelling pastes and ‘dental waxes’
Chapter 35:Albuminoidal substances, glues, enzymes
Chapter 37:Photographic and cinematographic goods
Chapter 38:Miscellaneous chemical products,
except:
ex 38.19: toxic products
Chapter 39:Artificial resins and plastic materials, celluloses esters and ethers, articles thereof, except:
ex 39.03: explosives
Chapter 40:Rubber, synthetic rubber, factice, and articles thereof,
except:
ex 40.11: bullet-proof tyres
Chapter 41:Raw hides and skins (other than fur skins) and leather
Chapter 42:Articles of leather, saddlery and harness, travel goods, handbags and similar containers, articles of animal gut (other than silk-worm gut)
Chapter 43:Fur skins and artificial fur, manufacturers thereof
Chapter 44:Wood and articles of wood, wood charcoal
Chapter 45:Cork and articles of cork
Chapter 46:Manufactures of straw of esparto and of other plaiting materials, basketware and wickerwork
Chapter 47:Paper-making material
Chapter 48:Paper and paperboard, articles or paper pulp, of paper or of paperboard
Chapter 49:Printed books, newspapers, pictures and other products of the printing industry, manuscripts, typescripts and plans
Chapter 65:Headgear and parts thereof
Chapter 66:Umbrellas, sunshades, walking-sticks, whips, riding-crops and parts thereof
Chapter 67:Prepared feathers and down and articles made of feathers or of down, artificial flowers, articles of human hair
Chapter 68:Articles of stone, of plaster, of cement, of asbestos, of mica and of similar materials
Chapter 69:Ceramic products
Chapter 70:Glass and glassware
Chapter 71:Pearls, precious and semi-precious stones, precious metals, rolled precious metals, and articles thereof; imitation jewellery
Chapter 73:Iron and steel and articles thereof
Chapter 74:Copper and articles thereof
Chapter 75:Nickel and articles thereof
Chapter 76:Aluminium and articles thereof
Chapter 77:Magnesium and beryllium and articles thereof
Chapter 78:Lead and articles thereof
Chapter 79:Zinc and articles thereof
Chapter 80:Tin and articles thereof
Chapter 81:Other base metals employed in metallurgy and articles thereof
Chapter 82:Tools, implements, cutlery, spoons and forks, of base metal, parts thereof, except:
ex 82.05: tools
ex 82.07: tools, parts
Chapter 83:Miscellaneous articles of base metal
Chapter 84:Boilers, machinery and mechanical appliances, parts thereof,
except:
ex 84.06: engines
ex 84.08: other engines
ex 84.45: machinery
ex 84.53: automatic data-processing machines
ex 84.55: parts of machines under heading No 84.53
ex 84.59: nuclear reactors
Chapter 85:Electrical machinery and equipment, parts thereof,
except:
ex 85.13: telecommunication equipment
ex 85.15: transmission apparatus
Chapter 86:Railway and tramway locomotives, rolling-stock and parts thereof, railway and tramway tracks fixtures and fittings, traffic signalling equipment of all kinds (not electrically powered),
except
ex 86.02: armoured locomotives, electric
ex 86.03: other armoured locomotives
ex 86.05: armoured wagons
ex 86.06: repair wagons
ex 86.07: wagons
Chapter 87:Vehicles, other than railway or tramway rolling-stock, and parts thereof, except:
ex 87.08: tanks and other armoured vehicles
ex 87.01: tractors
ex 87.02: military vehicles
ex 87.03: breakdown lorries
ex 87.09: motorcycles
ex 87.14: trailers
Chapter 89:Ships, boats and floating structures,
except:
ex 89.01A: warships
Chapter 90:Optical, photographic, cinematographic, measuring, checking, precision, medical and surgical instruments and apparatus, parts thereof,
except:
ex 90.05: binoculars
ex 90.13: miscellaneous instruments, lasers
ex 90.14: telemeters
ex 90.28: electrical and electronic measuring instruments
ex 90.11: microscopes
ex 90.17: medical instruments
ex 90.18: mechano-therapy appliances
ex 90.19: orthopaedic appliances
ex 90.20: X-ray apparatus
Chapter 91:Manufacture of watches and clocks
Chapter 92:Musical instruments, sound recorders and reproducers, television image and sound recorders or reproducers, parts and accessories of such articles
Chapter 94:Furniture and parts thereof, bedding, mattresses, mattress supports, cushions and similar stuffed furnishings,
except:
ex 94.01A: aircraft seats
Chapter 95:Articles and manufactures of carving or moulding material
Chapter 96:Brooms, brushes, powder-puffs and sieves
Chapter 98:Miscellaneous manufactured articles

Regulations 59(5)

SCHEDULE 5PROFESSIONAL AND TRADE REGISTERS ETC.

The registers and other requests referred to in regulation 59(5) are the following and, where changes have been made at national level, the references to particular registers, declarations and certificates shall include those which have replaced them:

  • in Belgium the ‘Registre du Commerce’/‘Handelsregister’, and, in the case of service contracts, the ‘Ordres professionels/Beroepsorden’;

  • in Bulgaria, the ‘Търговски регистър’;

  • in the Czech Republic, the ‘obchodní rejstřík’;

  • in Denmark, the ‘Erhvervsstyrelsen’;

  • in Germany, the ‘Handelsregister’, the ‘Handwerksrolle’, and, in the case of service contracts, the ‘Vereinsregister’, the ‘Partnerschaftsregister’ and the ‘Mitgliedsverzeichnisse der Berufskammern der Länder’;

  • in Estonia, the ‘Registrite ja Infosüsteemide Keskus’;

  • in Ireland, the economic operator may be requested to provide a certificate from the Registrar of Companies or the Registrar of Friendly Societies or, where he is not so certified, a certificate stating that the person concerned has declared on oath that he is engaged in the profession in question in the country in which he is established, in a specific place under a given business name;

  • in Greece, the ‘Μητρώο Εργοληπτικών Επιχειρήσεων — MEΕΠ’ of the Ministry for Environment, Town and Country Planning and Public Works (Υ.ΠΕ.ΧΩ.∆.Ε) in respect of works contracts; the ‘Βιοτεχνικό ή Εµπορικό ή Βιοµηχανικό Επιµελητήριο’ and the ‘Μητρώο Κατασκευαστών Αµυντικού Υλικού’ in the case of supplies contracts; in the case of service contracts, the service provider may be asked to provide a declaration on the exercise of the profession concerned made on oath before a notary; in the cases provided for by existing national legislation, for the provision of research services, the professional register ‘Μητρώο Μελετητών’ and the ‘Μητρώο Γραφείων Μελετών’;

  • in Spain, the ‘Registro Oficial de Licitadores y Empresas Clasificadas del Estado’ in respect of works and services contracts, and, in the case of supplies contracts, the ‘Registro Mercantil’ or, in the case of non-registered individuals, a certificate stating that the person concerned has declared on oath that he is engaged in the profession in question;

  • in France, the ‘Registre du commerce et des sociétés’ and the ‘Répertoire des métiers’;

  • in Croatia, the ‘Sudski registar’ and the ‘Obrtni registrar’ or, in the case of some activities, a certificate stating that the person concerned is authorised to be engaged in the commercial activity or profession in question;

  • in Italy, the ‘Registro della Camera di commercio, industria, agricoltura e artigianato’; in the case of supplies and services contracts also the ‘Registro delle commissioni provinciali per l’artigianato’ or, in addition to the already mentioned registers, the ‘Consiglio nazionale degli ordini professionali’ in respect of services contracts; in respect of works or services contracts, the ‘Albo nazionale dei gestori ambientali’ in addition to the already mentioned registers;

  • in Cyprus, the contractor may be requested to provide a certificate from the ‘Council for the Registration and Audit of Civil Engineering and Building Contractors (Συµβούλιο Εγγραφής και Ελέγχου Εργοληπτών Οικοδοµικών και Τεχνικών Έργων)’ in accordance with the Registration and Audit of Civil Engineering and Building Contractors Law in respect of works contracts; in the case of supplies and services contracts the supplier or service provider may be requested to provide a certificate from the ‘Registrar of Companies and Official Receiver’ (Έφορος Εταιρειών και Επίσηµος Παραλήπτης) or, where this is not the case, a certificate stating that the person concerned has declared on oath that he is engaged in the profession in question in the country in which he is established, in a specific place and under a given business name;

  • in Latvia, the ‘Uzņēmumu reģistrs’;

  • in Lithuania, the ‘Juridinių asmenų registras’;

  • in Luxembourg, the ‘Registre aux firmes’ and the ‘Rôle de la Chambre des métiers’;

  • in Hungary, the ‘Cégnyilvántartás’, the ‘egyéni vállalkozók jegyzői nyilvántartása’ and, in the case of service contracts, some ‘szakmai kamarák nyilvántartása’ or, in the case of some activities, a certificate stating that the person concerned is authorised to be engaged in the commercial activity or profession in question;

  • in Malta, the economic operator obtains his ‘numru ta’ registrazzjoni tat-Taxxa tal-Valur Miżjud (VAT) u n-numru tal-licenzja ta’ kummerc’, and, in the case of a partnership or company, the relevant registration number as issued by the Malta Financial Services Authority;

  • in the Netherlands, the ‘Handelsregister’;

  • in Austria, the ‘Firmenbuch’, the ‘Gewerberegister’, the ‘Mitgliederverzeichnisse der Landeskammern’;

  • in Poland, the ‘Krajowy Rejestr Sądowy’;

  • in Portugal, the ‘Instituto da Construção e do Imobiliário’ (INCI) in respect of works contracts; the ‘Registro Nacional das Pessoas Colectivas’ in the case of supplies and services contracts;

  • in Romania, the ‘Registrul Comerțului’;

  • in Slovenia, the ‘sodni register’ and the ‘obrtni register’;

  • in Slovakia, the ‘Obchodný register’;

  • in Finland, the ‘Kaupparekisteri’/‘Handelsregistret’;

  • in Sweden, the ‘aktiebolags-, handels- eller föreningsregistren’;

  • in the United Kingdom, the economic operator may be requested to provide a certificate from the Registrar of Companies stating that he is certified as incorporated or registered or, where he is not so certified, a certificate stating that the person concerned has declared on oath that he is engaged in the profession in a specific place under a given business name.

Regulation 97(2)

SCHEDULE 6CONSEQUENTIAL AND MISCELLANEOUS AMENDMENTS

PART 1MODIFICATIONS TO PRIMARY LEGISLATION

Late Payment of Commercial Debts (Interest) Act 1998

1.—(1) The Late Payment of Commercial Debts (Interest) Act 1998(3)is amended as follows.

(2) In section 4(8)(4) (period for which statutory interest runs), in the definition of “public authority” for “regulation 3 of the Public Contracts (Scotland) Regulations 2012” substitute “regulation 2(1) of the Public Contracts (Scotland) Regulations 2015”.

Procurement Reform (Scotland) Act 2014

2.—(1) The Procurement Reform (Scotland) Act 2014(5) is amended as follows.

(2) In section 4(1), for “mentioned in paragraph (1) or (2) of regulation 6 of the Public Contract Regulations” substitute “to which Public Contracts Regulations do not apply by virtue of regulation 4 or 7 to 18 of those regulations”.

(3) In section 11(3) for “supported employment programme or supported factory within the meaning regulation 7” substitute “or supported employment programme within the meaning of regulation 21”.

(4) In section 41(1) (the Directive, Public Contracts Regulations and EU regulated procurements)—

(a)In paragraph (a), for “Directive 2004/18/EC” substitute “Directive 2014/24/EU”;

(b)In paragraph (b) for “Public Contracts (Scotland) Regulations 2012 (S.S.I. 2012/88)” substitute “Public Contracts (Scotland) Regulations 2015 (S.S.I. 2015/XX);

(c)in paragraph (c) omit “by virtue of regulation 5(1)”.

Small Business, Enterprise and Employment Act 2015

3.—(1) The Small Business, Enterprise and Employment Act 2015(6) is amended as follows.

(2) In section 40(5)(investigation of procurement functions) in the definition of “a relevant function relating to procurement”, in paragraph (c)—

(a)for “Public Contracts (Scotland) Regulations 2012 (S.I. 2012/88)” substitute “Public Contracts (Scotland) Regulations 2015”; and

(b)for “regulation 8” substitute “regulation 5”.

PART 2MODIFICATIONS TO SUBORDINATE LEGISLATION

Bathing Waters (Scotland) Regulations 2008

4.—(1) The Bathing Waters (Scotland) Regulations 2008(7) are amended as follows.

(2) In regulation 2(8) (interpretation), in the definition of “public body”, for the “Public Contracts (Scotland) Regulations 2012” substitute “Public Contracts (Scotland) Regulations 2015”.

Cleaner Road Transport Vehicles (Scotland) Regulations 2010

5.—(1) The Cleaner Road Transport Vehicles (Scotland) Regulations 2010(9) are amended as follows.

(2) In regulation 2(10) (interpretation) in the definition of—

(a)“contracting authority” for “regulation 3 of the Public Contracts (Scotland) Regulations 2012” substitute “regulation 2(1) of the Public Contracts (Scotland) Regulations 2015”; and

(b)“operator” for “regulation 8 of the Public Contracts (Scotland) Regulations 2012” substitute “regulation 5 of the Public Contracts (Scotland) Regulations 2015”.

(3) In regulation 6(1)(a)(11) (enforcement of duties) for “Part 9 of the Public Contracts (Scotland) Regulations 2012” substitute “Chapter 6 of Part 3 of the Public Contracts (Scotland) Regulations 2015”.

Defence and Security Public Contracts Regulations 2011

6.—(1) The Defence and Security Public Contracts Regulations 2011(12) are amended as follows.

(2) In regulation 3(1)(13) (interpretation), in the definition of “central purchasing body”, for “regulation 3 of the Public Contracts (Scotland) Regulations 2012” substitute “regulation 2(1) of the Public Contracts (Scotland) Regulations 2015”.

(3) In regulation 4(b)(14) (contracting authorities), for “regulation 3 of the Public Contracts (Scotland) Regulations 2012” substitute “regulation 2(1) of the Public Contracts (Scotland) Regulations 2015”.

(4) In regulation 6(15) (application), for “the Public Contracts (Scotland) Regulations 2012”, in each place it occurs, substitute “the Public Contracts (Scotland) Regulations 2015”.

(5) In regulations 16(2)(b)(16) (use of the negotiated procedure without prior publication of a contract notice), 31(9)(b)(17) (criteria for the award of a contract) and 33(14)(b)(18) (information about contract award procedures) for heads (ii) and (iii), in each place they occur, substitute—

(ii)a “body governed by public law” within the meaning of regulation 2(1) of the Public Contracts (Scotland) Regulations 2015 and the Secretary of State for Defence is the authority referred to in any of the sub-paragraphs (a) to (c) of that definition for that body or the financing, supervisory or appointing body, or

(iii)an association formed by either the Secretary of State for Defence or one or more bodies governed by public law within the meaning of (i) or (ii)..

(6) In regulation 46(3)(19) both paragraphs (b) substitute—

(b)a “body governed by public law” within the meaning of regulation 2(1) of the Public Contracts (Scotland) Regulations 2015 and the Secretary of State for Defence is the authority referred to in any of the sub-paragraphs (a) to (c) of that definition for that body or the financing, supervisory or appointing body, or

(c)an associated formed by either the Secretary of State for Defence or one or more bodies governed by public law within the meaning of (a) or (b)..

Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012

7.—(1) The Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012(20) are amended as follows.

(2) In regulation 9(4) (duty to consider award criteria and conditions in relation to public procurement), for both references to “Public Contracts (Scotland) Regulations 2012” substitute “Public Contracts (Scotland) Regulations 2015”.

Utilities Contracts (Scotland) Regulations 2012

8.—(1) The Utilities Contracts (Scotland) Regulations 2012(21) are amended as follows.

(2) In regulation 2(1) (interpretation), in the definition of “contracting authority” for “regulation 3 of the Public Contracts (Scotland) Regulations 2012” substitute “regulation 2(1) of the Public Contracts (Scotland) Regulations 2015”

(3) In regulation 5 (application) for the “Public Contracts (Scotland) Regulations 2012”, in each place it occurs, substitute “Public Contracts (Scotland) Regulations 2015”.

(4) In regulation 21(2) (central purchasing bodies) for the “Public Contracts (Scotland) Regulations 2012” substitute “Public Contracts (Scotland) Regulations 2015”.

Energy Efficiency (Eligible Buildings) Regulations 2013

9.—(1) The Energy Efficiency (Eligible Buildings) Regulations 2013(22) are amended as follows.

(2) In regulation 2 (interpretation), in the definition of “public bodies”, in paragraph (b), for “‘contracting authorities’ as defined in regulation 3 of Public Contracts (Scotland) Regulations 2012” substitute “any ‘contracting authority’ as defined in regulation 2(1) of the Public Contracts (Scotland) Regulations 2015”.

Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013

10.—(1) The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013(23) is amended as follows.

(2) For paragraph 10 (public procurement) of schedule 3 (exclusions of section 4(2)(a) and (b) of the act), substitute—

(1) Any question asked by or on behalf of a contracting authority or contracting entity in relation to a conviction specified in regulation 58 of the Public Contracts (Scotland) Regulations 2015 which is a spent conviction (or any circumstances ancillary to such a conviction) for the purpose of determining whether or not a person is to be excluded—

(a)for the purposes of regulation 58 of the Public Contracts (Scotland) Regulations 2015 or regulation 26 of the Utilities Contracts (Scotland) Regulations 2012; or

(b)from participation in a design contest for the purposes of regulation 80 of the Public Contracts (Scotland) Regulations 2015 or regulation 34 of the Utilities Contracts (Scotland) Regulations 2012,

where the person questioned is informed at the time the question is asked that, by virtue of this Order, convictions within the meaning of regulation 58 of the Public Contracts (Scotland) Regulations 2015, which are spent convictions, are to be disclosed.

(2) For the purposes of contract award procedures or design contests commenced before 18th April 2016 and on or after 1st May 2012, the references in sub-paragraph (1) to regulations 58 and 80 of the Public Contracts (Scotland) Regulations 2015 are to be read as references to regulations 23 and 33 of the Public Contracts (Scotland) Regulations 2012(24).

(3) For the purposes of sub-paragraph (2), the commencement of a contract award procedure or design contest is to be interpreted in accordance with—

(a)regulation 98(2) (transitional provision and savings where procurement procedure commenced before 18th April 2016) and 99(2) (transitional provision and saving where utilities procurement procedures commenced before 18th April 2016) of the Public Contracts (Scotland) Regulations 2015;

(b)regulation 52(2) of the Public Contracts (Scotland) Regulations 2012; and

(c)regulation 49(2) of the Utilities Contracts (Scotland) Regulations 2012.

(4) For the purposes of contract award procedures or design contests commenced before 1st May 2012—

(a)the references in sub-paragraph (1) to regulations 58 and 79 of the Public Contracts (Scotland) Regulations 2015 are to be read as references to regulations 23 and 33 of the Public Contracts (Scotland) Regulations 2006(25); and

(b)the references in sub-paragraph (1) to regulations 26 and 34 of the Utilities Contracts (Scotland) Regulations 2012 are to be read as references to regulations 26 and 34 of the Utilities Contracts (Scotland) Regulations 2006(26).

(5) For the purposes of sub-paragraph (4), the commencement of a contract award procedure or design contest is to be interpreted in accordance with—

(a)regulation 52(2) of the Public Contracts (Scotland) Regulations 2012; and

(b)regulation 49(2) of the Utilities Contracts (Scotland) Regulations 2012.

Energy Savings Opportunity Scheme Regulations 2014

11.—(1) The Energy Saving Opportunity Scheme Regulations 2014(27) are amended as follows.

(2) In regulation 16(2)(b)(ii)(28) (excluded undertakings) for “regulation 3 of the Public Contracts (Scotland) Regulations 2012” substitute “regulation 2(1) of the Public Contracts (Scotland) Regulations 2015”.

(1)

OJ L 293, 24.10.1990, p.1; last amended by Regulation (EC) No 1893/2006 of the European Parliament and of the Council (OJ L 393, 30.12.2006, p.1).

(2)

The references in this Schedule are derived from Annex 4 to the EU’s Appendix 1 to the GPA (for which see the footnote to the definition of ‘GPA’ in regulation 2(1)).

(4)

Section 4 relevantly amended by S.S.I. 2013/77, regulation 2(6).

(8)

Regulation 2 relevantly amended by S.S.I. 2012/88, schedule 7(B), paragraph 1.

(10)

Regulation 2 relevantly amended by S.S.I. 2012/88, schedule 7(B), paragraph 1.

(11)

Regulation 6(1)(a) amended by S.S.I. 2012/88, schedule 7(B), paragraph 1.

(13)

Regulation 3(1) relevantly amended by S.S.I. 2012/88, schedule 7(B), paragraph 1.

(14)

Regulation 4(b) amended by S.S.I. 2012/88, schedule 7(B), paragraph 1.

(15)

Regulation 6 relevantly amended by S.S.I. 2012/88, schedule 7(B), paragraph 1.

(16)

Regulation 16(2)(b) relevantly amended by S.I. 2015/102, schedule 6(2), paragraph 19(8).

(17)

Regulation 31(9)(b) relevantly amended by S.I. 2015/102, schedule 6(2), paragraph 19(8).

(18)

Regulation 33(14)(b) relevantly amended by S.I. 2015/102, schedule 6(2), paragraph 19(8).

(19)

Regulation 46(3) relevantly amended by S.I. 2015/102, schedule 6(2), paragraph 19(10).

(24)

S.S.I. 2012/88, repealed by regulation 98 of these Regulations, subject to the savings and transitional provisions in regulations 99 and 100 of these Regulations.

(25)

S.S.I. 2006/1, repealed by S.S.I. 2012/88, schedule 7(A), paragraph 1, subject to savings and transitional provisions in regulation 52 of those Regulations. Regulation 23 amended by S.I. 2007/2157, schedule 6(2), paragraph 12; S.S.I. 2008/94 regulation 2(7)(a)(b) and (c); S.S.I. 2009/428 regulation 2(8)(a) and (b). Regulation 33 amended by S.S.I. 2007/565, regulation 2(5)(a), (b) and (c); S.S.I. 2008/94, regulation 2(1); S.S.I. 2009/428 regulation 2(10)(a) and (b).

(26)

S.S.I. 2006/2, repealed by S.S.I. 2012/89, schedule 5(A), paragraph 1, subject to savings and transitional provisions in regulation 49 of those Regulations. Regulation 26 amended by S.I. 2007/2157, schedule 6(2), paragraph 13; S.S.I. 2009/428, regulation 4(5)(a) and (b). Regulation 34 amended by S.S.I. 2008/94, regulation 3(6)(a)(b) and (c); S.S.I. 2009/428 regulation 4(9)(a) and (b); S.I 2011/2053, regulation 30(2)(c) and (d).

(28)

To which there are amendments not relevant to these Regulations.

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