Defence and Security Public Contracts Regulations 2011
19.—(1) The Defence and Security Regulations are amended as follows.
(2) In regulation 2(2) for “will” substitute “must”.
(3) In regulation 3(1)—
(a)in the definition of “central purchasing body” for “regulation 3 of the Public Contracts Regulations 2006(1)” substitute “regulation 2(1) of the Public Contracts Regulations 2015”,
(b)in the definition of “disabled person” omit the words “and “disabled person” is to be interpreted accordingly”, and
(c)in the definition of “supply contract” for—
(i)“(c)” substitute “(a)”,
(ii)“(d)” substitute “(b)”.
(4) In regulation 4(a) for “a “contracting authority” within the meaning of regulation 3 of the Public Contracts Regulations 2006;” substitute ““contracting authorities” within the meaning of regulation 2(1) of the Public Contracts Regulations 2015;”.
(5) In regulation 6 for “the Public Contracts Regulations 2006”, in each place it occurs, substitute “Part 2 of the Public Contracts Regulations 2015”.
(6) In regulation 7(1)(g) omit “, including existing buildings and other structures, land covered with water, and any estate, interest, easement, servitude or right in or over land”.
(7) In regulation 12(1) in the definition of “recognised bodies” omit “and “recognised body” shall be interpreted accordingly”.
(8) In regulations 16(2), 31(9) and 33(14) for sub-paragraph (b), in each place it occurs, substitute—
“(b)where the contracting authority is—
(i)a “body governed by public law” within the meaning of regulation 2(1) of the Public Contracts Regulations 2015 and the Secretary of State for Defence is the authority referred to in sub-paragraph (c) of that definition for that body or the financing, supervisory or appointing body,
(ii)an association formed by either the Secretary of State for Defence or one or more bodies governed by public law within the meaning of (i), or
(iii)a contracting authority within the meaning of regulation 3(1)(bb) of the Public Contracts (Scotland) Regulations 2012(2) and the Secretary of State for Defence is “another contracting authority” within the meaning of that provision,
in which case the contracting authority must submit the report to the Ministry of Defence for onward transmission to the Commission.”.
(9) In regulation 21—
(a)in paragraph 5(b) for “price or the values” substitute “values, which can include the price,”, and
(b)omit paragraph (19).
(10) In regulation 46 for paragraph (3) substitute—
“(3) This paragraph applies where the contracting authority is—
(a)a “body governed by public law” within the meaning of regulation 2(1) of the Public Contracts Regulations 2015 and the Secretary of State for Defence is the authority referred to in sub-paragraph (c) of that definition for that body or the financing, supervisory or appointing body,
(b)an association formed by either the Secretary of State for Defence or one or more bodies governed by public law within the meaning of (i), or
(b)a contracting authority within the meaning of regulation 3(1)(bb) of the Public Contracts (Scotland) Regulations 2012 and the Secretary of State for Defence is “another contracting authority” within the meaning of that provision.”.
S.I. 2006/5, amended by S.I. 2007/3542, 2008/2256, 2683, 2848, 2009/1307, 2992, 2010/133, 976, 2011/1043, 1848, 2053, 2581, 3058, 2013/252, 1431, 2014/834 and by the Enterprise and Regulatory Reform Act 2013 (c.24), Schedule 20, paragraph 2.
S.S.I. 2012/88 amended by S.S.I. 2013/119; there is another amending instrument that is not relevant.