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The Utilities Contracts (Scotland) Regulations 2016

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Regulation 2(1)

SCHEDULE 1ACTIVITIES 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. 1 CPV 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.

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.

45120000
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.

45210000
Except:
—45213316
45220000
45231000
45232000

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.

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

Regulations 15(1)(c),65(9), 88 and 90(11)

SCHEDULE 2SOCIAL 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 20(1)(d)

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 20(1)(i)
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 110(2)

SCHEDULE 3CONSEQUENTIAL AND MISCELLANEOUS AMENDMENTS TO SUBORDINATE LEGISLATION

Cleaner Road Transport Vehicles (Scotland) Regulations 2010

1.—(1) The Cleaner Road Transport Vehicles (Scotland) Regulations 2010(2) are amended as follows.

(2) In regulation 2(3) (interpretation) in the definition of—

“contracting entity” for “regulation 3 of the Utilities Contracts (Scotland) Regulations 2012” substitute “regulation 4 of the Utilities Contracts (Scotland) Regulations 2016”; and

“operator” for “regulation 11 of the Utilities Contracts (Scotland) Regulations 2012” substitute “regulation 15 of the Utilities Contracts (Scotland) Regulations 2016”.

(3) In regulation 6(1)(b)(4) (enforcement of duties) for “Part 9 of the Utilities Contracts (Scotland) Regulations 2012” substitute “Chapter 2 of Part 5 of the Utilities Contracts (Scotland) Regulations 2016”.

Defence and Security Public Contracts Regulations 2011

2.—(1) The Defence and Security Regulations are amended as follows.

(2) In regulation 4(d)(5) (contracting authorities) for “regulation 3 of the Utilities Contracts (Scotland) Regulations 2012” substitute “regulation 4 of the Utilities Contracts (Scotland) Regulations 2016”.

(3) In regulation 6(6) (application) for “the Utilities Contracts (Scotland) Regulations 2012”, in each place it occurs, substitute “the Utilities Contracts (Scotland) Regulations 2016”.

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

3.—(1) The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013(7) is amended as follows.

(2) In paragraph 10 (public procurement) of Schedule 3 (exclusions of section 4(2)(a) and (b) of the Act)—

(a)in sub-paragraph (1)(a) for “regulation 26 of the Utilities Contracts (Scotland) Regulations 2012” substitute “regulation 78 of the Utilities Contracts (Scotland) Regulations 2016”;

(b)in sub-paragraph (1)(b) for “regulation 34 of the Utilities Contracts (Scotland) Regulations 2012” substitute “Chapter 2 of Part 3 of the Utilities Contracts (Scotland) Regulations 2016”;

(c)for sub-paragraph (2) substitute—

(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)—

(a)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 2012(8); and

(b)to regulation 78 and Chapter 2 of Part 3 of the Utilities Contracts (Scotland) Regulations 2016 are to be read as references to regulations 26 and 34 of the Utilities Contracts (Scotland) Regulations 2012(9); and

(d)at the end of sub-paragraph (3) insert—

(d)regulation 111(2) of the Utilities Contracts (Scotland) Regulations 2016..

(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).

(3)

Regulation 2 amended by S.S.I. 2012/88, schedule 7(B), paragraph 1 and S.S.I. 2012/89, schedule 5(B), paragraph 1.

(4)

Regulation 6(1)(b) amended by S.S.I. 2012/89, schedule 5(B), paragraph 1.

(5)

Regulation 4(d) amended by S.S.I. 2012/89, schedule 5(B), paragraph 1.

(6)

Regulation 6 amended by S.S.I. 2012/88, schedule 7(B), paragraph 1; S.S.I. 2012/89, schedule 5(B), paragraph 1; and S.I. 2015/102, schedule 6(2), paragraph 19(5).

(8)

S.S.I. 2012/88, repealed by regulation 97 of the Public Contracts (Scotland) Regulations 2015, S.S.I. 2015/446, subject to the savings and transitional provisions in regulation 98 of those Regulations.

(9)

S.S.I. 2012/89, repealed by regulation 110 of these Regulations subject to the savings and transitional provisions in regulation 111 of these Regulations.

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