The Utilities Contracts (Scotland) Regulations 2006

1Citation, commencement and extent

2Interpretation

4Economic operators

6General exclusions

7Exclusion of contracts awarded to affiliated undertakings or joint ventures

8Exemption in respect of certain utilities operating in the energy sector

9Exemption of contracts where activity is directly exposed to competition

10Reserved contracts

PART 2TECHNICAL SPECIFICATIONS

12Technical specifications in contract documents

PART 3PROCEDURES LEADING TO THE AWARD OF A CONTRACT

14The open, restricted and negotiated procedures

15Periodic indicative notices

16Call for competition

17Award without a call for competition

18Framework agreements

19Dynamic purchasing systems

20Electronic auctions

21Central purchasing bodies

PART 4QUALIFICATION AND SELECTION OF ECONOMIC OPERATORS

24Mutual recognition concerning administrative, technical or financial conditions

25Qualification system

26Criteria for rejection of economic operators

27Criteria for selection of economic operators

PART 5THE AWARD OF A CONTRACT

30Criteria for the award of a contract

31Rejection of third country tenders – supply contracts

32Contract award notices

33Information about contract award procedures

PART 6SPECIALISED CONTRACTS

34Design contests

PART 7MATTERS RELATING TO A CONTRACT

35Obligations relating to taxes, environmental protection, employment protection and working conditions

36Conditions for performance of contracts

PART 8MISCELLANEOUS

37Preservation of records

38Statistical and other reports

39Provision of reports

40Publication of notices

41Confidentiality of information

42Means of communication

43Sub contracting

PART 9APPLICATIONS TO THE COURT

45Enforcement of obligations

PART 10REVOCATION, SAVINGS AND TRANSITIONAL PROVISIONS

48Savings and transitional provisions

SCHEDULE 1UTILITIES

SCHEDULE 2ACTIVITIES CONSTITUTING WORKS

SCHEDULE 3CATEGORIES OF SERVICES

SCHEDULE 4EXTENSION TO NON MEMBER STATES

2006 No. 2

PUBLIC PROCUREMENT

The Utilities Contracts (Scotland) Regulations 2006

Made4th January 2006

Laid before the Scottish Parliament5th January 2006

Coming into force31st January 2006

The Scottish Ministers, in exercise of the powers conferred by the section 2(2) of the European Communities Act 1972 M1, hereby make the following Regulations: