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The Public Contracts and Utilities Contracts (CPV Code Amendments) Regulations 2008

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Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Public Contracts and Utilities (CPV Code Amendments) Regulations 2008 and come into force on 15th September 2008.

(2) In these Regulations “the Public Contracts Regulations” means the Public Contracts Regulations 2006(1) and “the Utilities Contracts Regulations” means the Utilities Contracts Regulations 2006(2).

Amendment of the Public Contracts Regulations

2.—(1) The Public Contracts Regulations are amended as follows.

(2) In regulation 2(1), in the definition of “Common Procurement Vocabulary”, after “the Common Procurement Vocabulary” insert “as amended by Regulation (EC) No 213/2008 of the Commission of the European Communities(3);”.

(3) For Schedule 2 to the Public Contracts Regulations substitute the Schedule contained in Schedule 1 to these Regulations.

(4) For Schedule 3 to the Public Contracts Regulations substitute the Schedule contained in Schedule 2 to these Regulations.

Amendment of the Utilities Contracts Regulations

3.—(1) The Utilities Contracts Regulations are amended as follows.

(2) In regulation 2(1), in the definition of “Common Procurement Vocabulary”, after “the Common Procurement Vocabulary” insert “as amended by Regulation (EC) No 213/2008 of the Commission of the European Communities;”.

(3) For regulation 38(4)(b) of the Utilities Contracts Regulations substitute—

“(b)telecommunications services specified under CPV references 64221000-1, 64227000-3, 64228000-0, 64228100-1, 64228200-2 within category 5 of Part A of Schedule 3;”.

(4) For Schedule 2 to the Utilities Contracts Regulations substitute the Schedule contained in Schedule 1 to these Regulations.

(5) For Schedule 3 to the Utilities Contracts Regulations substitute the Schedule contained in Schedule 2 to these Regulations, but as adapted for this purpose by the substitution of the word “utility” for the words “contracting authority” in both places where they appear in the second column of the entry for category 8.

Transitional provision

4.—(1) A contracting authority, or as the case may be a utility, in relation to any contract awarded by it or framework agreement concluded by it prior to the coming into force of these Regulations, may treat the references to Schedules 2 and 3 in the regulations specified in paragraph (2) as references to those Schedules before their amendment by these Regulations.

(2) The specified regulations in paragraph (1) are—

(a)regulation 40(1)(f) of the Public Contracts Regulations;

(b)regulation 38(3) of the Utilities Contracts Regulations; and

(c)regulation 38(4) of the Utilities Contracts Regulations.

Dave Watts

Alan Campbell

Two of the Lords Commissioners of Her Majesty’s Treasury

22nd August 2008

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