Prior information noticesS
49.—(1) A contracting authority may make known its intentions of planned procurements through the publication of a prior information notice.
(2) A prior information notice must contain the information set out in section I of Part B of Annex V to the Directive [F1, but as if—
(a)in paragraph 2, “the second and third sub-paragraph of Article 53(1)” were a reference to regulation 54(3) and (4) of these Regulations, and
(b)in paragraph 9, “date of dispatch” were a reference to the date on which the notice is submitted to the UK e-notification service for the purposes of these Regulations].
(3) A contracting authority wishing to publish a prior information notice must—
(a)[F2submit] it for publication in accordance with regulation 52 ([F3publication on the UK e-notification service]); or
(b)publish it on the contracting authority's buyer profile in accordance with regulation 53 (publication [F4otherwise than on the UK e-notification service]).
(4) Where the prior information notice is published by the contracting authority on its buyer profile, the contracting authority must [F5submit] for publication, in accordance with regulation 52 ([F6publication on the UK e-notification service]), a notice of the publication on its buyer profile.
(5) The notice of publication referred to in paragraph (4) must contain the information set out in Part A of Annex V to the Directive [F7, but as if, in paragraph 6, “date of dispatch” were a reference to the date on which the notice is submitted to the UK e-notification service for the purposes of these Regulations].
F8(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) [F10The] period covered by a prior information notice must be a maximum of 12 months from the date on which the notice is sent for publication.
F11(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Reg. 49(2)(a)(b) and words inserted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 4(32)(a) (with sch. paras. 1-5)
F2Word in reg. 49(3)(a) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 4(32)(b)(i) (with sch. paras. 1-5)
F3Words in reg. 49(3)(a) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 4(32)(b)(ii) (with sch. paras. 1-5)
F4Words in reg. 49(3)(b) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 4(32)(c) (with sch. paras. 1-5)
F5Word in reg. 49(4) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 4(32)(d)(i) (with sch. paras. 1-5)
F6Words in reg. 49(4) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 4(32)(d)(ii) (with sch. paras. 1-5)
F7Words in reg. 49(5) inserted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 4(32)(e) (with sch. paras. 1-5)
F8Reg. 49(6) omitted (30.5.2023) by virtue of The Public Procurement (Miscellaneous Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/124), regs. 2, 4(12)(a) (with reg. 3)
F9Reg. 49(7) omitted (30.5.2023) by virtue of The Public Procurement (Miscellaneous Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/124), regs. 2, 4(12)(a) (with reg. 3)
F10Word in reg. 49(8) substituted (30.5.2023) by The Public Procurement (Miscellaneous Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/124), regs. 2, 4(12)(b) (with reg. 3)
F11Reg. 49(9) omitted (30.5.2023) by virtue of The Public Procurement (Miscellaneous Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/124), regs. 2, 4(12)(c) (with reg. 3)