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The Utilities Contracts (Scotland) Regulations 2016

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92.—(1) A utility that intends to carry out a design contest must call for competition by means of a contest notice which includes the information set out in Annex XIX to the Utilities Contracts Directive.

(2) Where a utility intends to award a subsequent service contract under regulation 48(4)(f) (use of the negotiated procedure without prior call for competition) this must be indicated in the contest notice.

(3) A utility that has held a design contest must—

(a)make the results known by means of a notice which must include the information set out in Annex XX to the Utilities Contracts Directive; and

(b)send such notice to the EU Publications Office within 30 days of the closure of the design contest.

(4) A utility may withhold from publication information on the result of the contest where the release of the information—

(a)would impede law enforcement or otherwise be contrary to the public interest;

(b)would prejudice the commercial interests of any person; or

(c)might prejudice fair competition between economic operators.

(5) The utility must send the notices referred to in this regulation for publication in accordance with regulation 69 (form and manner of sending notices for publication at EU level).

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