Explanatory Note

(This note is not part of the Order)

These Regulations implement, for Scotland, Directive 2004/17/EC of the European Parliament and Council of 31st March 2004 co ordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (O.J. No. L 134, 30.4.04, p.1).

These Regulations specify the procedures to be followed in relation to the award of supply contracts, works contracts and services contracts by utilities for the purpose of carrying out activities in the water, energy, transport and postal services sectors.

The Regulations also provide remedies for breaches of these Regulations, in order to implement Council Directive 92/13/EEC of 25th February 1992 (O.J. No. L 76, 23.3.92, p.14) which requires member States to provide effective remedies at national level for breaches of the Regulations relating to procurement in the utilities sector.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business has been prepared and placed in Spice. Copies may be obtained from the Scottish Procurement Directorate’s website at www.scotland.gov.uk/topics/government/spd.