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The Utilities Contracts (Scotland) Regulations 2016

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Regulation 2(1)

[F1SCHEDULE A1SPARTIES TO THE GPA

Textual Amendments

  • Armenia

  • Australia

  • Canada

  • European Union

  • Hong Kong, China

  • Iceland

  • Israel

  • Japan

  • Korea, Republic of

  • Liechtenstein

  • Moldova, Republic of

  • Montenegro

  • Netherlands with respect to Aruba

  • New Zealand

  • [F2North Macedonia, Republic of]

  • Norway

  • the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu

  • Singapore

  • Switzerland

  • Ukraine

  • United States]

Textual Amendments

Regulation 2(1)

SCHEDULE 1SACTIVITIES CONSTITUTING WORKS

Commencement Information

I1Sch. 1 in force at 18.4.2016, see reg. 1(2)

In this Schedule, ‘NACE Rev.1’ has the same meaning as in Council Regulation (EEC) No 3037/90 on the statistical classification of economic activities in the European Community(1) [F3as that Regulation had effect in EU law immediately before IP completion day] and numerical references in the columns relating to the NACE Rev.1 relate to the Annex to that Regulation. In the event of any difference of interpretation between the CPV and the NACE Rev.1, the CPV nomenclature shall apply.

NACE Rev. 1CPV Code
SECTION FCONSTRUCTION
DivisionGroupClassSubjectNotes
45Construction

This division includes:

  • construction of new buildings and works, restoring and common repairs.

45000000
45.1Site preparation45100000
45.11Demolition and wrecking of buildings; earth moving

This class includes:

  • demolition of buildings and other structures,

  • 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.

This class also includes:

  • building site drainage.

  • drainage of agricultural or forestry land.

45110000
45.12Test drilling and boring

This class includes:

  • test drilling, test boring and core sampling for construction, geophysical, geological or similar purposes.

This class excludes:

  • drilling of production oil or gas wells, see 11.20.

  • water well drilling, see 45.25,

  • shaft sinking, see 45.25,

  • oil and gas field exploration, geophysical, geological and seismic surveying, see 74.20.

45120000
45.2Building of complete constructions or parts thereof; civil engineering45200000
45.21General construction of buildings and civil engineering works

This class includes:

  • construction of all types of buildings construction of civil engineering constructions,

  • bridges, including those for elevated highways, viaducts, tunnels and subways,

  • long-distance pipelines, communication and power lines,

  • urban pipelines, urban communication and power lines,

  • ancillary urban works,

  • assembly and erection of prefabricated constructions on the site.

45210000
Except:
—45213316
45220000
45231000
45232000

This class excludes:

  • service activities incidental to oil and gas extraction, see 11.20,

  • erection of complete prefabricated constructions from self-manufactured parts not of concrete, see divisions 20, 26 and 28,

  • construction work, other than buildings, for stadiums, swimming pools, gymnasiums, tennis courts, golf courses and other sports installations, see 45.23,

  • building installation, see 45.3,

  • building completion, see 45.4,

  • architectural and engineering activities, see 74.20,

  • project management for construction, see 74.20.

45.22Erection of roof covering and frames

This class includes:

  • erection of roofs,

  • roof covering,

  • waterproofing.

45261000
45.23Construction of highways, roads, airfields and sport facilities

This class includes:

  • construction of highways, streets, roads, other vehicular and pedestrian ways,

  • construction of railways,

  • 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.

This class excludes:

  • preliminary earth moving, see 45.11.

45212212 and DA03

45230000

Except:

  • 45231000

  • 45232000

  • 45234115

45.24Construction of water projects

This class includes:

  • construction of:

  • waterways, harbour and river works, pleasure ports (marinas), locks etc.;

  • dams and dykes,

  • dredging,

  • subsurface work.

45240000
45.25Other construction work involving special trades

This class includes:

  • construction activities specialising in one aspect common to different kinds of structures, requiring specialised skill or equipment,

  • 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.

This class excludes:

  • renting of scaffolds without erection and dismantling, see 71.32

45250000

45262000

45.3Building installation45300000
45.31Installation of electrical wiring and fittings

This class includes: installation in buildings or other construction projects of:

  • electrical wiring and fittings,

  • telecommunications systems,

  • electrical heating systems,

  • residential antennas and aerials,

  • fire alarms,

  • burglar alarm systems,

  • lifts and escalators,

  • lightning conductors, etc.

45213316

45310000

Except:

  • 45316000

45.32Insulation work activities

This class includes:

  • installation in buildings or other construction projects of thermal, sound or vibration insulation.

This class excludes:

  • waterproofing, see 45.22.

45320000
45.33Plumbing

This class includes:

  • installation in buildings or other construction projects of:

  • plumbing and sanitary equipment,

  • gas fittings,

  • heating, ventilation, refrigeration or air- conditioning equipment and ducts,

  • sprinkler systems.

This class excludes:

  • installation of electrical heating systems, see 45.31.

45330000
45.34Other building installation

This class includes:

  • installation of illumination and signalling systems for roads, railways, airports and harbours,

  • installation in buildings or other construction projects of fittings and fixtures N.E.C.

45234115

45316000

45340000

45.4Building completion45400000
45.41Plastering

This class includes:

  • application in buildings or other construction projects of interior and exterior plaster or stucco, including related lathing materials.

45410000
45.42Joinery installation

This class includes:

  • installation of not self-manufactured doors, windows, door and window frames, fitted kitchens, staircases, shop fittings and the like, of wood or other materials,

  • interior completion such as ceilings, wooden wall coverings, movable partitions, etc.

This class excludes:

  • laying of parquet and other wood floor coverings, see 45.43

45420000
45.43Floor and wall covering

This class includes:

  • laying, tiling, hanging or fitting in buildings or other construction projects of:

  • 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.

45430000
45.44Painting and glazing

This class includes:

  • interior and exterior painting of buildings,

  • painting of civil engineering structures,

  • installation of glass, mirrors, etc.

This class excludes:

  • installation of windows, see 45.42.

45440000
45.45Other building completion

This class includes:

  • installation of private swimming pools,

  • steam cleaning, sand blasting and similar activities for building exteriors,

  • other building completion and finishing work n.e.c.

This class excludes:

  • interior cleaning of buildings and other structures see 74.70.

45212212 and DA04

45450000

45.5Renting of construction or demolition equipment with operator45500000
45.50Renting of construction or demolition equipment with operator

This class excludes:

  • renting of construction or demolition machinery and equipment without operators, see 71.32.

45500000

Textual Amendments

Regulations 15(1)(c),65(9), 88 and 90(11)

SCHEDULE 2SSOCIAL AND OTHER SPECIFIC SERVICES

Commencement Information

I2Sch. 2 in force at 18.4.2016, see reg. 1(2)

CPV CodeDescription
75200000-8; 75231200-6; 75231240-8; 79611000-0; 79622000-0 (Supply services of domestic help personnel); 79624000-4 (Supply services of nursing personnel) and 79625000-1 (Supply services of medical personnel) from 85000000-9 to 85323000-9; 98133100-5, 98133000-4; 98200000-5; 98500000-8 (Private households with employed persons) and 98513000-2 to 98514000-9 (Manpower services for households, Agency staff services for households, Clerical staff services for households, Temporary staff for households, Home-help services and Domestic services)Health, social and related services
85321000-5 and 85322000-2, 75000000-6 (Administration, defence and social security services), 75121000-0, 75122000-7, 75124000- 1; from 79995000-5 to 79995200-7; from 80000000-4 Education and training services to 80660000-8; from 92000000-1 to 92700000-8; 79950000-8 (Exhibition, fair and congress organisation services), 79951000-5 (Seminar organisation services), 79952000-2 (Event services), 79952100-3 (Cultural event organisation services), 79953000-9 (Festival organisation services), 79954000-6 (Party organisation services), 79955000-3 (Fashion shows organisation services), 79956000-0 (Fair and exhibition organisation services)Administrative social, educational, healthcare and cultural services
75300000-9Compulsory social security services

75310000-2, 75311000-9, 75312000-6,

75313000-3, 75313100-4, 75314000-0,

75320000-5, 75330000-8, 75340000-1

Benefit services

98000000-3; 98120000-0; 98132000-7;

98133110-8 and 98130000-3

Other community, social and personal services including services furnished by trade unions, political organisations, youth associations and other membership organisation services
98131000-0Religious services
55100000-1 to 55410000-7; 55521000-8 to 55521200-0 (55521000-8 Catering services for private households, 55521100-9 Meals-on- wheels services, 55521200-0 Meal delivery service) 55520000-1 Catering services, 55522000-5 Catering services for transport enterprises, 55523000-2 Catering services for other enterprises or other institutions, 55524000-9 School catering services 55510000-8 Canteen services, 55511000-5 Canteen and other restricted-clientele cafeteria services, 55512000-2 Canteen management services, 55523100-3 School-meal servicesHotel and restaurant services
79100000-5 to 79140000-7; 75231100-5;Legal services, to the extent not excluded by regulation 20(1)(d)

75100000-7 to 75120000-3; 75123000-4;

75125000-8 to 75131000-3

Other administrative services and government services
75200000-8 to 75231000-4Provision of services to the community
75231210-9 to 75231230-5; 75240000-0 To 75252000-7; 794300000-7; 98113100-9Prison related services, public security and rescue services to the extent not excluded by regulation 20(1)(i)
79700000-1 to 79721000-4 (Investigation and security services, Security services, Alarm- monitoring services, Guard services, Surveillance services, Tracing system services, Absconder-tracing services, Patrol services, Identification badge release services, Investigation services and Detective agency services) 79722000-1(Graphology services), 79723000-8 (Waste analysis services)Investigation and security services
98900000-2 (Services provided by extra- territorial organisations and bodies) and 98910000-5 (Services specific to international organisations and bodies)International services
64000000-6 (Postal and telecommunications services), 64100000-7 (Post and courier services), 64110000-0 (Postal services), 64111000-7 (Postal services related to newspapers and periodicals), 64112000-4 (Postal services related to letters), 64113000-1 (Postal services related to parcels), 64114000-8 (Post office counter services), 64115000-5 (Mailbox rental), 64116000-2 (Post-restante services), 64122000-7 (Internal office mail and messenger services)Postal services
50116510-9 (Tyre-remoulding services), 71550000-8 (Blacksmith services)Miscellaneous services

Regulation 41B and 100B

[F4SCHEDULE 2ASINTERNATIONAL TRADE AGREEMENTS

Textual Amendments

Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and the Republic of Chile, signed at Santiago on 30th January 2019.

Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation, signed at Bern on 11th February 2019.

Trade and Partnership Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the State of Israel, signed at Tel Aviv on 18th February 2019.

Economic Partnership Agreement between the CARIFORUM States, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, signed in St Lucia on 22nd March 2019.

Trade Agreement between the United Kingdom of Great Britain and Northern Ireland, of the one part, and the Republic of Colombia, the Republic of Ecuador and the Republic of Peru, of the other part, signed at Quito on 15th May 2019.

Agreement Establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed at Managua on 18th July 2019.

Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland, of the one part, and the Republic of Korea, of the other part, signed at London on 22nd August 2019.

[F5Strategic Partnership and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and Georgia, signed at London on 21stOctober 2019, as amended by Amending Agreement No. 2 signed at Tbilisi on 2nd and 14th December   2022.]

Textual Amendments

[F6Partnership, Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Kosovo, signed at Pristina on 3rd December 2019, as amended by Amending Agreement No. 1 signed at Pristina on 19th September 2023.]

Textual Amendments

[F7Political, Free Trade and Strategic Partnership Agreement between the United Kingdom of Great Britain and Northern Ireland and Ukraine, signed at London on 8th October 2020, as amended by Agreement No. 2 in the form of Exchange of Letters signed at Kyiv on 18th August 2022.]

Textual Amendments

Agreement between the United Kingdom of Great Britain and Northern Ireland and Japan for a Comprehensive Economic Partnership, signed at Tokyo on 23rd October 2020.

[F8Partnership, Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of North Macedonia, signed at Skopje on 3rd December 2020, as amended by Agreement No. 1 in the form of an Exchange of Letters signed at Skopje on 10th December 2021.]

Textual Amendments

Agreement on Trade Continuity between the United Kingdom of Great Britain and Northern Ireland and Canada, signed at Ottawa on 9th December 2020.

Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Singapore, signed at Singapore on 10th December 2020.

Trade Continuity Agreement between the United Kingdom of Great Britain and Northern Ireland and the United Mexican States, signed at Mexico City on 15th December 2020.

[F9Strategic Partnership, Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Moldova, signed at Chisinau on 24th December 2020, as amended by Amending Agreement No. 2 signed at Chisinau on 25th May 2023.]

Textual Amendments

Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and the Socialist Republic of Viet Nam, signed at London on 29th December 2020.

[F10Partnership, Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Albania, signed at Tirana on 5th February 2021, as amended by the Exchange of Letters No. 1 signed at Tirana on 12th January 2023 and 12th June 2023.]

Textual Amendments

Partnership, Trade and Cooperation Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Serbia, signed at Belgrade on 16th April 2021.

[F11Free Trade Agreement between Iceland, the Principality of Liechtenstein and the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland, signed at London on 8th July 2021.]

Textual Amendments

[F12Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and Australia, signed at London on 16th December 2021 and Adelaide on 17th December 2021.]

Textual Amendments

[F12Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and New Zealand, signed at London on 28th February 2022.]

[F13Comprehensive and Progressive Agreement for Trans-Pacific Partnership, signed at Santiago on 8 March 2018, including the Protocol on the Accession of the United Kingdom of Great Britain and Northern Ireland to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, signed at Auckland and Bandar Seri Begawan on 16 July 2023.]]

Textual Amendments

F13Words in sch. 2A inserted (coming into force in accordance with s. 7(1) of the amending Act) by Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024 (c. 6), Sch. para. 19 (with Sch. paras. 23-26)

[F14Strategic Partnership and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Kazakhstan, signed at Astana on 24th April 2024.]

Textual Amendments

[F15The Agreement on Partnership and Cooperation between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Iraq, signed at London on 14 January 2025.]

Textual Amendments

Regulation 110(2)

SCHEDULE 3SCONSEQUENTIAL AND MISCELLANEOUS AMENDMENTS TO SUBORDINATE LEGISLATION

Cleaner Road Transport Vehicles (Scotland) Regulations 2010S

1.—(1) The Cleaner Road Transport Vehicles (Scotland) Regulations 2010(2) are amended as follows.

(2) In regulation 2(3) (interpretation) in the definition of—

“contracting entity” for “regulation 3 of the Utilities Contracts (Scotland) Regulations 2012” substitute “regulation 4 of the Utilities Contracts (Scotland) Regulations 2016”; and

“operator” for “regulation 11 of the Utilities Contracts (Scotland) Regulations 2012” substitute “regulation 15 of the Utilities Contracts (Scotland) Regulations 2016”.

(3) In regulation 6(1)(b)(4) (enforcement of duties) for “Part 9 of the Utilities Contracts (Scotland) Regulations 2012” substitute “Chapter 2 of Part 5 of the Utilities Contracts (Scotland) Regulations 2016”.

Commencement Information

I3Sch. 3 para. 1 in force at 18.4.2016, see reg. 1(2)

Defence and Security Public Contracts Regulations 2011S

F162.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013S

3.—(1) The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013(5) is amended as follows.

(2) In paragraph 10 (public procurement) of Schedule 3 (exclusions of section 4(2)(a) and (b) of the Act)—

(a)in sub-paragraph (1)(a) for “regulation 26 of the Utilities Contracts (Scotland) Regulations 2012” substitute “regulation 78 of the Utilities Contracts (Scotland) Regulations 2016”;

(b)in sub-paragraph (1)(b) for “regulation 34 of the Utilities Contracts (Scotland) Regulations 2012” substitute “Chapter 2 of Part 3 of the Utilities Contracts (Scotland) Regulations 2016”;

(c)for sub-paragraph (2) substitute—

“(2) For the purposes of contract award procedures or design contests commenced before 18th April 2016 and on or after 1st May 2012, the references in sub-paragraph (1)—

(a)to regulations 58 and 79 of the Public Contracts (Scotland) Regulations 2015 are to be read as references to regulations 23 and 33 of the Public Contracts (Scotland) Regulations 2012(6); and

(b)to regulation 78 and Chapter 2 of Part 3 of the Utilities Contracts (Scotland) Regulations 2016 are to be read as references to regulations 26 and 34 of the Utilities Contracts (Scotland) Regulations 2012(7)”; and

(d)at the end of sub-paragraph (3) insert—

“(d)regulation 111(2) of the Utilities Contracts (Scotland) Regulations 2016.”.

Commencement Information

I4Sch. 3 para. 3 in force at 18.4.2016, see reg. 1(2)

regulation 3A

SCHEDULE 4S[F17Procurement by UK contracting authorities

Textual Amendments

Provision of these RegulationsModification
Regulation 1 (citation, commencement and extent)
Regulation 2 (interpretation)
Regulation 3 (subject-matter and application of these regulations)
Regulation 4 (utilities)
Regulation 5 (mixed procurement covering the same activity)
Regulation 6 (procurement covering several activities)
Regulation 7 (common provisions)
Regulation 8 (gas and heat)
Regulation 9 (electricity)
Regulation 10 (water)
Regulation 11 (transport services)
Regulation 12 (ports and airports)
Regulation 13 (postal services)
Regulation 14 (extraction of oil and gas and exploration for, or extraction of, coal or other solid fuels)
Regulation 15 (thresholds)
Regulation 16 (estimating value)Paragraphs (8) and (9) do not apply

Regulation 17 (exclusion: contracts awarded for the purpose of resale or lease to third parties)

Regulation 18 (exclusion: contracts and design contests awarded or organised for purposes other than the pursuit of a covered activity or for the pursuit of such an activity outside the United Kingdom)
Regulation 19 (exclusion: contracts awarded, and design contests organised pursuant to international rules)
Regulation 20 (exclusion: specific exclusions for service contracts)
Regulation 21 (exclusion: service contracts awarded on the basis of an exclusive right)
Regulation 22 (exclusion: contracts awarded by certain utilities for the purchase of water and for the supply of energy or of fuels for the production of energy)
Regulation 23 (defence and security)
Regulation 24 (mixed procurement covering the same activity and involving defence and security aspects)
Regulation 25 (procurement covering several activities and involving defence and security aspects)
Regulation 26 (contracts and design contests involving defence and security aspects which are awarded or organised pursuant to international rules)
Regulation 27 (exclusion: contracts between contracting authorities)
Regulation 28 (exclusion: contracts awarded to an affiliated undertaking)
Regulation 29 (exclusion: contracts awarded to a joint venture or to a utility forming part of a joint venture)
Regulation 31 (research and development services)
Regulation 32 (activities directly exposed to competition)
Regulation 34 (principles of procurement)
Regulation 35 (economic operators)Paragraphs (1) to (6) and (9) do not apply
Regulation 36 (reserved contracts)
Regulation 37 (confidentiality)
Regulation 38 (rules applicable to communication)
Regulation 39 (nomenclatures)
Regulation 40 (conflicts of interest)
Regulation 41A (conditions relating to the GPA)
Regulation 41B (conditions relating to international agreements by which the United Kingdom is bound, other than the GPA)
Regulation 42 (choice of procedures)Paragraphs (1) to (6) do not apply
Regulation 44 (restricted procedure)
Regulation 49 (framework agreements)Paragraphs (1) and (2) do not apply
Regulation 50 (dynamic purchasing systems)Paragraphs (2) to (9), (11) to (16), (25) and (25A) do not apply
Regulation 51 (electronic auctions)
Regulation 52 (electronic catalogues)
Regulation 53 (centralised purchasing activities and central purchasing bodies)Paragraphs (2)(a), (7) and (8) do not apply
Regulation 54 (occasional joint procurement)
Regulation 56 (preliminary market consultation)
Regulation 57 (prior involvement of candidates or tenderers)
Regulation 58 (technical specifications)
Regulation 59 (labels)
Regulation 60 (test reports, certificates and other means of proof)
Regulation 61 (communications of technical specifications)Paragraphs (1) and (2) do not apply
Regulation 64 (setting time limits)Paragraph (4) does not apply
Regulation 67 (contract notices)
Regulation 68 (contract award notices)
Regulation 69 (publication on the UK e-notification service)
Regulation 70 (publication otherwise than on the UK e-notification service)

Paragraphs (1), (2) and (6) do not apply

Paragraph (5) is to be read as if the references to “buyer profile” were omitted

Regulation 71 (electronic availability of procurement documents)Paragraph (8) does not apply
Regulation 72 (invitations to candidates)Paragraphs (2) and (5)(b) do not apply
Regulation 73 (informing applicants for qualification, candidates and tenderers)Paragraphs (2)(a), (2)(d), (3)(a), (3)(d) and (5) to (7) do not apply
Regulation 74 (general principles)Paragraphs (1)(c), (2), (3) and (6A) to (7) do not apply
Regulation 76 (criteria for qualitative selection)Paragraphs (2) and (3) do not apply
Regulation 77 (reliance on the capacities of other entities)
Regulation 78 (use of exclusion grounds and selection criteria provided for under the Public Contracts (Scotland) Regulations)Paragraph (1)(a) does not apply
Regulation 79 (quality assurance standards and environmental management standards)
Regulation 80 (contract award criteria)
Regulation 81 (life-cycle costing)
Regulation 82 (abnormally low tenders)
Regulation 84 (conditions for performance of contracts)
Regulation 84A (electronic invoicing)
Regulation 85 (subcontracting)
Regulation 87 (termination of contracts)
Regulation 88 (award of contracts for social and other specific services)
Regulation 89 (publication of notices)Paragraphs (1)(c) and (2) do not apply
Regulation 90 (principles of awarding contracts)
Regulation 95 (retention of contract copies)
Regulation 96 (reporting and documentation requirements)Paragraph (8) does not apply
Regulation 97 (scope of chapter)
Regulation 98 (notices of decision to award a contract or conclude a framework agreement)Paragraphs (6)(b)(ii), (6)(b)(iii), (7)(b) and (7)(c)
Regulation 99 (standstill period)
Regulation 100 (duty owed to economic operators, including those from countries with whom the EU has relevant international agreement other than the GPA)
Regulation 100A (duty owed to economic operators from GPA parties)
Regulation 100B (duty owed to economic operators from countries with whom the United Kingdom has an international agreement, other than the GPA)
Regulation 101 (enforcement of duties through the courts)
Regulation 102 (automatic suspension of utility’s power to proceed with contract award)
Regulation 103 (powers and duties of the court)
Regulation 104 (ineffectiveness orders)
Regulation 105 (powers of the court: ineffectiveness order)
Regulation 106 (general interest grounds for not making a declaration of ineffectiveness)
Regulation 107 (other orders)
Regulation 108 (financial penalties)
Schedule A1 (parties to the GPA)
Schedule 1 (activities constituting works)
Schedule 2 (social and other specific services)
Schedule 2A (international trade agreements)

regulation 3B

SCHEDULE 5SProcurement under cross-border arrangements

Provision of these Regulations
Regulation 5 (mixed procurement covering the same activity)
Regulation 6 (procurement covering several activities)
Regulation 15 (thresholds)
Regulation 16 (estimating value)
Regulation 24 (mixed procurement covering the same activity and involving defence and security aspects)
Regulation 25 (procurement covering several activities and involving defence or security aspects)
Regulation 26 (contracts and design contests involving defence and security aspects which are awarded or organised pursuant to international rules)
Regulation 35 (economic operators)
Regulation 37 (confidentiality)
Regulation 38 (rules applicable to communication)
Regulation 39 (nomenclatures)
Regulation 40 (conflicts of interest)
Regulation 41A (conditions relating to the GPA)
Regulation 41B (conditions relating to international agreements by which the United Kingdom is bound, other than the GPA)
Regulation 42 (choice of procedures)
Regulation 43 (open procedure)
Regulation 44 (restricted procedure)
Regulation 45 (negotiated procedure with prior call for competition)
Regulation 46 (competitive dialogue)
Regulation 47 (innovation partnership)
Regulation 48 (use of the negotiated procedure without prior call for competition)
Regulation 49 (framework agreements)
Regulation 50 (dynamic purchasing systems)
Regulation 51 (electronic auctions)
Regulation 52 (electronic catalogues)
Regulation 53 (centralised purchasing activities and central purchasing bodies)
Regulation 54 (occasional joint procurement)
Regulation 55 (procurement involving utilities from different member states)
Regulation 57 (prior involvement of candidates or tenderers)
Regulation 58 (technical specifications)
Regulation 59 (labels)
Regulation 60 (test reports, certificates and other means of proof)
Regulation 61 (communication of technical specifications)
Regulation 62 (variants)
Regulation 63 (division of contracts into lots)
Regulation 64 (setting time limits)
Regulation 65 (periodic indicative notices)
Regulation 66 (notices on the existence of a qualification system)
Regulation 67 (contract notices)
Regulation 68 (contract award notices)
Regulation 69 (publication on the UK e-notification service)
Regulation 70 (publication otherwise than on the UK e-notification service)
Regulation 71 (electronic availability of procurement documents)
Regulation 72 (invitations to candidates)
Regulation 73 (informing applicants for qualification, candidates and tenderers)
Regulation 74 (general principles)
Regulation 75 (qualification systems)
Regulation 76 (criteria for qualitative selection)
Regulation 77 (reliance on the capacities of other entities)
Regulation 78 (use of exclusion grounds and selection criteria provided for under the Public Contracts (Scotland) Regulations)
Regulation 79 (quality assurance standards and environmental management standards)
Regulation 80 (contract award criteria)
Regulation 81 (life-cycle costing)
Regulation 82 (abnormally low tenders)
Regulation 84A (electronic invoicing)
Regulation 85 (subcontracting)
Regulation 87 (termination of contracts)
Regulation 88 (award of contracts for social and other specific services)
Regulation 89 (publication of notices)
Regulation 90 (principles of awarding contracts)
Regulation 96 (reporting and documentation requirements)
Regulation 97 (scope of Chapter)
Regulation 98 (notices of decisions to award a contract or conclude a framework agreement)
Regulation 99 (standstill period)
Regulation 100 (duty owed to economic operators, including those from countries with whom the EU has a relevant international agreement other than the GPA)
Regulation 100A (duty owed to economic operators from GPA parties)
Regulation 100B (duty owed to economic operators from countries with whom the United Kingdom has an international agreement, other than the GPA)
Regulation 101 (enforcement of duties through the courts)
Regulation 102 (automatic suspension of utility’s power to proceed with contract award)
Regulation 103 (powers and duties of the court)
Regulation 104 (ineffectiveness orders)
Regulation 105 (powers of the court: ineffectiveness order)
Regulation 106 (general interest grounds for not making a declaration of ineffectiveness)
Regulation 107 (other orders)
Regulation 108 (financial penalties)].
(1)

OJ L 293, 24.10.1990, p.1; last amended by Regulation (EC) No 1893/2006 of the European Parliament and of the Council (OJ L 393, 30.12.2006, p.1).

(3)

Regulation 2 amended by S.S.I. 2012/88, schedule 7(B), paragraph 1 and S.S.I. 2012/89, schedule 5(B), paragraph 1.

(4)

Regulation 6(1)(b) amended by S.S.I. 2012/89, schedule 5(B), paragraph 1.

(6)

S.S.I. 2012/88, repealed by regulation 97 of the Public Contracts (Scotland) Regulations 2015, S.S.I. 2015/446, subject to the savings and transitional provisions in regulation 98 of those Regulations.

(7)

S.S.I. 2012/89, repealed by regulation 110 of these Regulations subject to the savings and transitional provisions in regulation 111 of these Regulations.

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