The Utilities Contracts Regulations 1996

Qualification system for providers

18.—(1) A utility may establish and operate a system of qualification of providers if that system complies with the following paragraphs of this regulation.

(2) The system may involve different stages of qualification and shall be based on objective rules and criteria as determined from time to time by the utility using European standards (within the meaning of regulation 12(1)) as a reference when they are appropriate.

(3) The rules and criteria shall be made available on request to providers and any amendment of those rules and criteria shall be sent to them as the amendment is incorporated into the system.

(4) A utility may establish a system of qualification pursuant to which a provider may qualify under the system of, or be certified by, another person, and in those circumstances the utility shall inform providers who apply to qualify of the name of that other person.

(5) The utility shall inform applicants for qualification of the success or failure of their application within a reasonable period and, if the decision will take longer than 6 months from the presentation of an application, the utility shall inform the applicant, within 2 months of the application, of the reasons justifying a longer period and of the date by which his application will be accepted or refused.

(6) In determining what rules and criteria are to be met by applicants to qualify under the system and in determining whether a particular applicant does qualify under the system a utility shall not impose conditions of an administrative, technical or financial nature on some providers which are not imposed upon others and shall not require tests or the submission of evidence which duplicates objective evidence already available.

(7) A utility shall inform any applicant whose application to qualify is refused of the decision and the reasons for refusal.

(8) An application may only be refused if the applicant fails to meet the requirements for qualification laid down in accordance with paragraph (2) above.

(9) The utility shall keep a written record of qualified providers which may be divided into categories according to the type of contract for which the qualification is valid.

(10) The utility may cancel the qualification of a provider who has qualified under the qualification system only if he does not continue to meet the rules and criteria laid down in accordance with paragraph (2) above.

(11) The utility may not cancel a qualification unless it notifies the provider in writing beforehand of its intention and of the reason or reasons for the proposed cancellation.

(12) The utility shall send a notice substantially corresponding to the form set out in Part E of Schedule 5 and containing the information relating to the qualification system therein specified to the Official Journal when the system is first established and, if the utility expects to operate the system for more than three years, or if it has operated the system for more than three years, it shall send additional notices annually.