http://www.legislation.gov.uk/ssi/2008/291/madeThe Public Contracts and Utilities Contracts (Common Procurement Vocabulary Codes) Amendment (Scotland) Regulations 2008Building sitesCivil engineeringProcurementEuropean ParliamentElectrical installation and servicingKing's Printer for Scotland2016-08-30PUBLIC PROCUREMENT These Regulations amend the Public Contracts (Scotland) Regulations 2006 (“the Public Contracts Regulations”) and the Utilities Contracts (Scotland) Regulations 2006 (“the Utilities Contracts Regulations”). Regulationsreg. 51 53 Sch. 7 Pt. Aregs. 4 5 6 8 52reg. 1(1)The Public Contracts and Utilities Contracts (Common Procurement Vocabulary Codes) Amendment (Scotland) Regulations 2008The Public Contracts (Scotland) Regulations 2012Regulationsreg. 48 Sch. 5 Pt. Aregs. 3-7 9 11 49reg 1(1)The Public Contracts and Utilities Contracts (Common Procurement Vocabulary Codes) Amendment (Scotland) Regulations 2008The Utilities Contracts (Scotland) Regulations 2012 2008 No. 291 PUBLIC PROCUREMENT The Public Contracts and Utilities Contracts (Common Procurement Vocabulary Codes) Amendment (Scotland) Regulations 2008 Made 28th August 2008 Laid before the Scottish Parliament 1st September 2008 Coming into force 23rd September 2008 The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972. Citation, commencement, interpretation and extent 1 1 These Regulations may be cited as the Public Contracts and Utilities Contracts (Common Procurement Vocabulary Codes) Amendment (Scotland) Regulations 2008 and come into force on 23rd September 2008. 2 These Regulations extend to Scotland only. 3 In these Regulations– “contracting authority” has the meaning given to it by regulation 3 of the Public Contracts Regulations; “economic operator” has the meaning given by regulation 4 of the Public Contracts Regulations; “framework agreement” means an agreement or other arrangement between one or more contracting authorities and one or more economic operators which establishes the terms (in particular the terms as to price and, where appropriate, quantity) under which the economic operator will enter into one or more contracts with a contracting authority in the period during which the framework agreement applies; “Public Contracts Regulations” means the Public Contracts (Scotland) Regulations 2006; “Utilities Contracts Regulations” means the Utilities Contracts (Scotland) Regulations 2006; and “utility” has the meaning given in regulation 3 of the Utilities Contracts Regulations. Amendment of the Public Contracts Regulations 2 1 The Public Contracts Regulations are amended as follows. 2 In regulation 2(1)(interpretation), in the definition of “Common Procurement Vocabulary”, after “and of the Council on the Common Procurement Vocabulary” insert “as amended by Commission Regulation (EC) No. 213/2008 amending Regulation (EC) No. 2195/2002 of the European Parliament and of the Council on the Common Procurement Vocabulary (CPV) and Directives 2004/17/EC and 2004/18/EC of the European Parliament and of the Council on public procurement procedures, as regards the revision of the CPV”. 3 For Schedule 2 (activities constituting works) substitute the Schedule contained in Schedule 1 to these Regulations. 4 For Schedule 3 (categories of services) 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)(interpretation), in the definition of “Common Procurement Vocabulary”, after “and of the Council on the Common Procurement Vocabulary” insert “as amended by Commission Regulation (EC) No 213/2008 amending Regulation (EC) No. 2195/2002 of the European Parliament and of the Council on the Common Procurement Vocabulary (CPV) and Directives 2004/17/EC and 2004/18/EC of the European Parliament and of the Council on public procurement procedures, as regards the revision of the CPV”. 3 For Schedule 2 (activities constituting works) substitute the Schedule contained in Schedule 1 to these Regulations. 4 For Schedule 3 (categories of services) substitute the Schedule contained in Schedule 2 to these Regulations, but as adapted for this purpose by the substitution of the words “the utility” for the words “the 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 are– a regulation 40(1)(f) (statistical and other reports) of the Public Contracts Regulations; and b regulation 38(3) and (4) (statistical and other reports) of the Utilities Contracts Regulations. JOHN SWINNEY A member of the Scottish Executive
St Andrew’s House, Edinburgh
28th August 2008 SCHEDULE 1 Regulations 2(3) and 3(3)

SCHEDULE 2 ACTIVITIES CONSTITUTING WORKS Regulation 2(1)
Section FConstruction
DivisionGroupClassSubjectNotesCPV Code
45ConstructionConstruction of new buildings and works, restoring and common repairs45000000
45.1Site preparation45100000
45.11Demolition and wrecking of buildings; earth movingDemolition of buildings and other structures45110000
Clearing of building sites
Earth moving: excavation, landfill, levelling and grading of construction sites, trench digging, rock removal, blasting, etc.
Site preparation for mining:
overburden removal and other development and preparation of mineral properties and sites
Building site drainage
Drainage of agricultural or forestry land
45.12Test drilling and boringTest drilling, test boring and core sampling for construction, geo-physical, geological or similar purposes45120000
45.2Building of complete constructions or parts thereof; civil engineering45200000
45.21General construction of buildings and civil engineering works Construction of all types of buildings Construction of civil engineering constructions 45210000 Except: 45213316 45220000 45231000 45232000
Bridges, including those for elevated highways, viaducts, tunnels and subways
Long-distance pipelines, urban communication and power lines
Ancillary urban works
Assembly and erection of prefabricated constructions on the site
45.22Erection of roof covering and framesErection of roofs45261000
Roof covering
Waterproofing
45.23Construction of highways, roads, airfields and sport facilities Construction of highways, streets, roads, other vehicular and pedestrian ways Construction of railways 45212212 and DA03 45230000 Except: 45231000 45232000 45234115
Construction of airfield runways
Construction work, other than buildings, for stadiums, swimming pools, gymnasiums, tennis courts, golf courses and other sports installations
Painting of markings on road surfaces and car parks
45.24Construction of water projectsConstruction of:45240000
waterways, harbour and river works, pleasure ports (marinas), locks, etc.
dams and dykes
dredging
subsurface work
45.25Other construction work involving special tradesConstruction activities specialising in one aspect common to different kinds of structures, requiring specialised skill or equipment 45250000 45262000
Construction of foundations, including pile driving
Water well drilling and construction, shaft sinking
Erection of non-self-manufactured steel elements
Steel bending
Bricklaying and stone setting
Scaffolds and work platform erecting and dismantling, including renting of scaffolds and work platforms
Erection of chimneys and industrial ovens
45.3Building installation45300000
45.31Installation of electrical wiring and fittingsInstallation in buildings or other construction projects of: 45213316 45310000 Except: 45316000
electrical wiring and fittings
telecommunications systems
electrical heating systems
residential antennas and aerials
fire alarms
burglar alarm systems
lifts and escalators
lightning conductors, etc.
45.32Insulation work activitiesInstallation in buildings or other construction projects of thermal, sound or vibration insulation45320000
45.33PlumbingInstallation in buildings or other construction projects of:45330000
plumbing and sanitary equipment
gas fittings
heating, ventilation, refrigeration or air-conditioning equipment and ducts
sprinkler systems
45.34Other building installationInstallation of illumination and signalling systems for roads, railways, airports and harbours 45234115 45316000 45340000
Installation in buildings or other construction projects of fittings and fixtures n.e.c.
45.4Building completion45400000
45.41PlasteringApplication in buildings or other construction projects of interior and exterior plaster or stucco, including related lathing materials45410000
45.42Joinery installationInstallation of non-self-manufactured doors, windows, door and window frames, fitted kitchens, staircases, shop fittings and the like, of wood or other materials45420000
Interior completion such as ceilings, wooden wall coverings, movable partitions, etc.
45.43Floor and wall coveringLaying, tiling, hanging or fitting in buildings or other construction projects of:45430000
ceramic, concrete or cut stone wall or floor tiles
parquet and other wood floor coverings, carpets and linoleum floor coverings, including of rubber or plastic
terrazzo, marble, granite or slate floor or wall coverings
wallpaper
45.44Painting and glazingInterior and exterior painting of buildings45440000
Painting of civil engineering structures
Installation of glass, mirrors, etc.
45.45Other building completionInstallation of private swimming pools45212212 and DA04 45450000
Steam cleaning, sand blasting and similar activities for building exteriors
Other building completion and finishing work n.e.c.
45.5Renting of construction or demolition equipment with operator45500000
45.50Renting of construction or demolition equipment with operator45500000

SCHEDULE 2 Regulations 2(4) and 3(4)

SCHEDULE 3 CATEGORIES OF SERVICES Regulation 2(2)
Part A
CategoryServicesCPC Reference NoCPV Code
1Maintenance and repair of vehicles and equipment6112, 6122, 633, 886from 50100000-6 to 50884000-5 (except for 50310000-1 to 50324200-4 and 50116510-9, 50190000-3, 50229000-6, 50243000-0), and from 51000000-9 to 51900000-1
2Transport by land, including armoured car services and courier services but not including transport of mail and transport by rail712 (except 71235), 7512, 87304from 60100000-9 to 60183000-4 (except 60160000-7, 60161000-4, 60220000-6), and from 64120000-3 to 64121200-2
3Transport by air but not transport of mail73 (except 7321)from 60410000-5 to 60424120-3 (except 60411000-2, 60421000-5), and 60500000-3, and from 60440000-4 to 60445000-9
4Transport of mail by land, other than by rail, and by air71235, 7321 60160000-7, 60161000-4 60411000-2, 60421000-5
5Telecommunications services752from 64200000-8 to 64228200-2, 72318000-7, and from 72700000-7 to 72720000-3
6 Financial services: Insurance services Banking and investment services other than financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments and central bank services ex 81, 812, 814from 66100000-1 to 66720000-3
7Computer and related services84from 50310000-1 to 50324200-4, from 72000000-5 to 72920000-5 (except 72318000-7 and from 72700000-7 to 72720000-3), 79342410-4
8Research and development services where the benefits accrue exclusively to the contracting authority for its use in the conduct of its own affairs and the services are to be wholly paid for by the contracting authority85from 73000000-2 to 73436000-7 (except 73200000-4, 73210000-7, 73220000-0)
9Accounting, auditing and book-keeping services862from 79210000-9 to 79223000-3
10Market research and public opinion polling services864from 79300000-7 to 79330000-6 and 79342310-9, 79342311-6
11Management consultancy services and related services but not arbitration and conciliation services865, 866from 73200000-4 to 73220000-0, from 79400000-8 to 79421200-3 and 79342000-3, 79342100-4, 79342300-6, 79342320-2, 79342321-9, 79910000-6, 79991000-7, 98362000-8
12Architectural services; engineering services and integrated engineering services; urban planning and landscape engineering services; related scientific and technical consulting services; technical testing and analysis services867from 71000000-8 to 71900000-7 (except 71550000-8) and 79994000-8
13Advertising services871from 79341000-6 to 79342200-5 (except 79342000-3 and 79342100-4)
14Building-cleaning services and property management services874, 82201 to 82206from 70300000-4 to 70340000-6, and from 90900000-6 to 90924000-0
15Publishing and printing services on a fee or contract basis88442from 79800000-2 to 79824000-6, and from 79970000-6 to 79980000-7
16Sewage and refuse disposal services; sanitation and similar services94from 90400000-1 to 90743200-9 (except 90712200-3), from 90910000-9 to 90920000-2 and 50190000-3, 50229000-6, 50243000-0
Part B
CategoryServicesCPC Reference NoCPV Code
17Hotel and restaurant services6455100000-1 to 55524000-9 and from 98340000-8 to 98341100-6
18Transport by rail711from 60200000-0 to 60220000-6
19Transport by water72from 60600000-4 to 60653000-0, and from 63727000-1 to 63727200-3
20Supporting and auxiliary transport services74from 63000000-9 to 63734000-3 (except 63711200-8, 63712700-0, 63712710-3, and from 63727000-1 to 63727200-3), and 98361000-1
21Legal services861from 79100000-5 to 79140000-7
22Personal placement and supply services872from 79600000-0 to 79635000-4 (except 79611000-0, 79632000-3, 79633000-0), and from 98500000-8 to 98514000-9
23Investigation and security services, other than armoured car services873 (except 87304)from 79700000-1 to 79723000-8
24Education and vocational education services92from 80100000-5 to 80660000-8 (except 80533000-9, 80533100-0, 80533200-1)
25Health and social services9379611000-0 and from 85000000-9 to 85323000-9 (except 85321000-5 and 85322000-2)
26Recreational, cultural and sporting services96from 79995000-5 to 79995200-7, and from 92000000-1 to 92700000-8 (except 92230000-2, 92231000-9, 92232000-6)
27Other services

(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 2004/17/EC of the European Parliament and of the Council (OJ L134, 30.4.2004, p.1) (“the Utilities Directive”) concerns the co-ordination of procurement procedures of entities operating in the water, energy, transport and postal service sectors. Directive 2004/18/EC of the European Parliament and of the Council (OJ L134, 30.4.2004, p.114) (“the Public Sector Directive”) concerns the co-ordination of procedures for the award of public works contracts, public supply contracts and public service contracts. Those Directives have been implemented for Scotland by the Utilities Contracts Regulations and the Public Contracts Regulations respectively.

Commission Regulation (EC) 213/2008 (“the CPV Regulation”) concerning public procurement procedures, as regards the revision of the Common Procurement Vocabulary amends Annexes I, IIA and IIB of the Public Sector Directive and Annexes XII, XVIIA and XVIIB of the Utilities Directive which list the activities, along with their Common Procurement Vocabulary (“CPV”) codes, which constitute public works and public services for the purposes of the two Directives.

The CPV Regulation does not change the material scope of the Public Sector Directive or of the Utilities Directive.

Regulations 2 and 3 amend the Public Contracts Regulations and the Utilities Contracts Regulations to reflect the amendments to the Public Sector Directive and Utilities Directive made by the CPV Regulation.

Regulation 4 makes transitional provision for both the Public Contracts Regulations and the Utilities Contracts Regulations so as to enable a contracting authority or a utility, in certain circumstances, to treat references to Schedule 2 (activities constituting works) and Schedule 3 (categories of services) within specified regulations as references to those Schedules before amendment by these Regulations, with the effect that the previous CPV codes will continue to apply to those contracts and framework agreements concluded prior to the coming into force date of these Regulations.

A full regulatory impact assessment has not been produced as no impact on the private and voluntary sectors is foreseen.

1972 c. 68. Section 2(2) was amended by the Scotland Act 1998 (c. 46), Schedule 8, paragraph 15 and the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1). The function conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998. S.S.I. 2006/1, as amended by S.I. 2007/2157 and S.S.I. 2007/565 and 2008/94.. S.S.I. 2006/2, as amended by S.I. 2007/2157 and S.S.I. 2007/565 and 2008/94.. O.J. L 74, 15.3.2008, p.1.