(This note is not part of the Regulations)
These Regulations amend the Public Contracts (Scotland) Regulations 2006 (“the Public Contracts Regulations”) and the Utilities Contracts (Scotland) Regulations 2006 (“the Utilities Contracts Regulations”).
Directive 2004/18/EC of the European Parliament and of the Council (O.J. L 134 30.4.2004, p.114) concerns the co-ordination of the procedures for the award of public works contracts, public supply contracts and public services contracts. Directive 2004/17/EC of the European Parliament and of the Council (O.J. L 134 30.4.2004, p.1) concerns the co-ordination of procurement procedures of entities operating in the water, energy, transport and postal service sectors. Those Directives have been implemented for Scotland by the Public Contracts Regulations and the Utilities Contracts Regulations respectively.
Council Directives 2004/18/EC and 2004/17/EC have been amended by Commission Regulation (EC) No. 1422/2007 of 4th December 2007 to amend the contract threshold values set out in the Directives. These changes take effect from 1st January 2008 and further changes will be made at regular intervals in the future.
Regulation 2 amends the Public Contracts Regulations to update the contract threshold values set out in the Public Contracts Regulations so that they attract the values set out in Directive 2004/18/EC as amended from time to time. Regulation 3 makes equivalent amendments to the Public Utilities Contracts Regulations.