Regulation 2(1)
Where an entity listed in this Schedule is succeeded by another entity, which is itself a contracting authority, the successor entity shall be deemed to be included in this Schedule.
Cabinet Office
Office of the Parliamentary Counsel
Crown Commercial Service
Charity Commission
Crown Estate Commissioners (Vote Expenditure Only)
Crown Prosecution Service
Department for Business, Innovation and Skills
Competition and Markets Authority
Higher Education Funding Council for England
Intellectual Property Office
Met Office
National Measurement Office
Office of Manpower Economics
Department of Communities and Local Government
Rent Assessment Panels
Department for Culture, Media and Sport
British Library
British Museum
Commission for Architecture and the Built Environment
The Gambling Commission
Historic Buildings and Monuments Commission for England (English Heritage)
Imperial War Museum
Museums, Libraries and Archives Council
National Gallery
National Maritime Museum
National Portrait Gallery
Natural History Museum
Science Museum
Tate Gallery
Victoria and Albert Museum
Wallace Collection
Department for Education
Department for Energy and Climate Change
Department for Environment, Food and Rural Affairs
Agricultural Dwelling House Advisory Committees
Agricultural Land Tribunals
Cattle Breeding Centre
Countryside Agency
Plant Variety Rights Office
Royal Botanic Gardens, Kew
Royal Commission on Environmental Pollution
Department of Health
NHS Business Services Authority
NHS Trusts
Department for International Development
Department of the Procurator General and Treasury Solicitor
Legal Secretariat to the Law Officers
Department for Transport
Maritime and Coastguard Agency
Department for Work and Pensions
Health and Safety Executive
Independent Tribunal Service
Industrial Injuries Advisory Council
Medical Boards and Examining Medical Officers (War Pensions)
Occupational Pensions Regulatory Authority
Pensions Ombudsman
Pensions Protection Fund Ombudsman
Regional Medical Service
Social Security Advisory Committee
Foreign and Commonwealth Office
Wilton Park Conference Centre
Government Actuary’s Department
GCHQ
Home Office
HM Inspectorate of Constabulary
House of Commons
House of Lords
Ministry of Defence
Defence Equipment & Support
Defence Infrastructure Organisation
Defence Science and Technology Laboratories
Ministry of Justice
Boundary Commission for England
Combined Tax Tribunal
Council on Tribunals
Court of Appeal — Criminal
Employment Appeals Tribunal
Employment Tribunals
HMCS Regions, Crown, County and Combined Courts (England and Wales)
Immigration Appellate Authorities
Immigration Adjudicators
Immigration Appeals Tribunal
Lands Tribunal
Law Commission
Legal Aid Agency (England and Wales)
Office of the Social Security Commissioners
Parole Board and Local Review Committees
Pensions Appeal Tribunals
Public Trust Office
Supreme Court Group (England and Wales)
Transport Tribunal
The National Archives
National Audit Office
National Savings and Investments
Public Prosecution Service for Northern Ireland
Office of Fair Trading
Office for National Statistics
National Health Service Central Register
Parliamentary and Health Service Ombudsman
Paymaster General’s Office
Privy Council Office
HM Revenue and Customs
Royal Hospital, Chelsea
Royal Mint
Rural Payments Agency
HM Treasury
United Kingdom Debt Management Office
Northern Ireland, Department of Agriculture and Rural Development
Agri-Food and Biosciences Institute
Livestock and Meat Commission for Northern Ireland
Northern Ireland Fishery Harbour Authority
Northern Ireland, Department of Culture, Arts and Leisure
Armagh Observatory
Armagh Planetarium
Arts Council of Northern Ireland
Northern Ireland Library Authority
Northern Ireland Screen
Northern Ireland Museums Council
National Museums Northern Ireland
Sport NI
Northern Ireland, Department of Education
Council for Catholic Maintained Schools
Comhairle na Gaelscolaiochta
Council for the Curriculum, Examinations and Assessment
Education and Library Boards
Exceptional Circumstances Body
General Teaching Council for Northern Ireland
Middletown Centre for Autism
Northern Ireland Council for Integrated Education
Staff Commission for Education and Library Boards
Youth Council for Northern Ireland
Northern Ireland, Department for Employment and Learning
Belfast Metropolitan College
Construction Industry Training Board - ConstructionSkills NI
Labour Relations Agency
Northern Regional College
North West Regional College
South Eastern Regional College
Southern Regional College
South West College
Stranmillis University College
Ulster Supported Employment Limited
Northern Ireland, Department of Enterprise, Trade and Investment
Consumer Council for Northern Ireland
Health and Safety Executive for Northern Ireland
Invest Northern Ireland
Northern Ireland Tourist Board
Northern Ireland, Department of the Environment
Northern Ireland Local Government Officers’ Superannuation Committee
Local Government Staff Commission
Northern Ireland Environment Agency
Northern Ireland, Department of Finance and Personnel
Northern Ireland Building Regulations Advisory Committee
Statistics Advisory Committee
Public service Commission for Northern Ireland
Lay Observer for Northern Ireland
Northern Ireland, Department of Health, Social Services and Public Safety
Belfast Health and Social Care Trust
Regional Business Services Organisation
Regional Health and Social Care Board
Northern Health and Social Care Trust
Northern Ireland Ambulance Service Trust
Northern Ireland Blood Transfusion Service
Northern Ireland Fire and Rescue Service
Northern Ireland Guardian Ad Litem Agency
Northern Ireland Medical and Dental Training Agency
Northern Ireland Practice and Education Council for Nursing and Midwifery
Northern Ireland Social Care Council
Patient and Client Council
Regional Agency for Public Health and Social Well Being
Health and Social care Regulation and Quality Improvement Authority
South Eastern Health and Social Care Trust
Southern Health and Social Care Trust
Western Health and Social Care Trust
Northern Ireland, Department of Justice
Chief Inspector of Criminal Justice
Northern Ireland Law Commission
Northern Ireland Legal Services Commission
Northern Ireland Policing Board
Northern Ireland Policing Fund
Northern Ireland Prisoner Ombudsman
Probation Board for Northern Ireland
Police Ombudsman Northern Ireland
Police Retraining and Rehabilitation Trust
Police Service of Northern Ireland
RUC George Cross Foundation
Northern Ireland, Department for Regional Development
Northern Ireland, Department for Social Development
Northern Ireland Housing Executive
The Charity Commission for Northern Ireland
Northern Ireland, Office of the First Minister and Deputy First Minister
Attorney General for Northern Ireland
Commissioner for Children and Young People for Northern Ireland
Commissioner for Older People for Northern Ireland
Commissioner for Public Appointments for Northern Ireland
Commissioner for Victims and Survivors
Community Relations Council
Equality Commission for Northern Ireland
ILEX Urban Regeneration Company Limited
Maze Long Kesh Development Corporation
Northern Ireland Judicial Appointments Commission
Strategic Investment Board
Planning and Water Appeals Commission
Victims and Survivors Service Ltd
Scotland, Auditor-General
Scotland, Crown Office and Procurator Fiscal Service
Scotland, General Register Office
Scotland, Queen’s and Lord Treasurer’s Remembrancer
Scotland, Registers of Scotland
The Scotland Office
The Scottish Ministers
Architecture and Design Scotland
Community Health Partnerships
Court of Session
Crofting Commission
Health Boards
High Court of Justiciary
HM Inspectorate of Constabulary
Keeper of the Records of Scotland
Lands Tribunal for Scotland
National Galleries of Scotland
National Library of Scotland
National Museums of Scotland
Office of the Social Security Commissioners
Parole Board for Scotland
Pensions Appeal Tribunals
Revenue Scotland
Royal Botanic Garden, Edinburgh
Royal Commission on the Ancient and Historical Monuments of Scotland
Scottish Further and Higher Education Funding Council
Scottish Land Court
Scottish Law Commission
Sheriff Courts
Scottish Police Agency
Special Health Boards
The Office of the Accountant of Court
The Private Rented Housing Panel and Private Rented Housing Committees
The Scottish Parliamentary Body Corporate
UK Export Finance
Higher Education Funding Council Wales
Local Democracy and Boundary Commission for Wales
Rent Assessment Committees
The Wales Assembly Parliamentary Service
Welsh Language Commissioner
The Wales Office (Office of the Secretary of State for Wales)
The Welsh Ministers
Arts Council of Wales
Care Council for Wales
National Museum Wales
National Library of Wales
Natural Resources Wales
Royal Commission on the Ancient and Historical Monuments of Wales
Sport Wales
Welsh NHS Bodies
Regulations 2(1) and 13(1)(a)(i)
In this Schedule, ‘NACE Rev.1’ has the same meaning as in Council Regulation (EEC) No 3037/90 on the classification of economic activities in the European Community(1), 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. 1 | CPV Code | ||||
|---|---|---|---|---|---|
| SECTION F | CONSTRUCTION | ||||
| Division | Group | Class | Subject | Notes | |
| 45 | Construction | This division includes:
| 45000000 | ||
| 45.1 | Site preparation | 45100000 | |||
| 45.11 | Demolition and wrecking of buildings; earth moving | This class includes:
This class also includes:
| 45110000 | ||
| 45.12 | Test drilling and boring | This class includes:
This class excludes:
| 45120000 | ||
| 45.2 | Building of complete constructions or parts thereof; civil engineering | 45200000 | |||
| 45.21 | General construction of buildings and civil engineering works | This class includes:
This class excludes:
| 45210000 Except: —45213316 45220000 45231000 45232000 | ||
| 45.22 | Erection of roof covering and frames | This class includes:
| 45261000 | ||
| 45.23 | Construction of highways, roads, airfields and sport facilities | This class includes:
This class excludes:
| 45212212 and DA03 45230000 except:
| ||
| 45.24 | Construction of water projects | This class includes
| 45240000 | ||
| 45.25 | Other construction work involving special trades | This class includes:
This class excludes:
| 45250000 45262000 | ||
| 45.3 | Building installation | 45300000 | |||
| 45.31 | Installation of electrical wiring and fittings | This class includes: installation in buildings or other construction projects of:
| 45213316 45310000 Except:
| ||
| 45.32 | Insulation work activities | This class includes:
This class excludes:
| 45320000 | ||
| 45.33 | Plumbing | This class includes:
This class excludes:
| 45330000 | ||
| 45.34 | Other building installation | This class includes:
| 45234115 45316000 45340000 | ||
| 45.4 | Building completion | 45400000 | |||
| 45.41 | Plastering | This class includes:
| 45410000 | ||
| 45.42 | Joinery installation | This class includes:
This class excludes:
| 45420000 | ||
| 45.43 | Floor and wall covering | This class includes:
| 45430000 | ||
| 45.44 | Painting and glazing | This class includes:
This class excludes:
| 45440000 | ||
| 45.45 | Other building completion | This class includes:
This class excludes:
| 45212212 and DA04 45450000 | ||
| 45.5 | Renting of construction or demolition equipment with operator | 45500000 | |||
| 45.50 | Renting of construction or demolition equipment with operator | This class excludes:
| 45500000 | ||
Regulations 5(1)(d) and 74
| CPV Code | Description |
|---|---|
| 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 |
| 75300000-9 | Compulsory 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 |
| 98131000-0 | Religious 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 services | Hotel and restaurant services |
| 79100000-5 to 79140000-7; 75231100-5; | Legal services, to the extent not excluded by regulation 10(1)(d) |
| 75100000-7 to 75120000-3; 75123000-4; 75125000-8 to 75131000-3 | Other administrative services and government services |
| 75200000-8 to 75231000-4 | Provision of services to the community |
| 75231210-9 to75231230-5; 75240000-0 to75252000-7; 794300000-7; 98113100-9 | Prison related services, public security and rescue services to the extent not excluded by regulation 10(1)(h) |
| 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 5(2)(b)
The products covered by this Schedule are those specified in the following chapters of the Combined Nomenclature (CN)(2):
Chapter 25: | Salt, sulphur, earths and stone, plastering materials, lime and cement |
Chapter 26: | Metallic ores, slag and ash |
Chapter 27: | Mineral fuels, mineral oils and products of their distillation, bituminous substances, mineral waxes except: ex 27.10: special engine fuels |
Chapter 28: | Inorganic chemicals, organic and inorganic compounds of precious metals, of rare-earth metals, of radioactive elements and isotopes except: ex 28.09: explosives ex 28.13: explosives ex 28.14: tear gas ex 28.28: explosives ex 28.32: explosives ex 28.39: explosives ex 28.50: toxic products ex 28.51: toxic products ex 28.54: explosives |
Chapter 29: | Organic chemicals except: ex 29.03: explosives ex 29.04: explosives ex 29.07: explosives ex 29.08: explosives ex 29.11: explosives ex 29.12: explosives ex 29.13: toxic products ex 29.14: toxic products ex 29.15: toxic products ex 29.21: toxic products ex 29.22: toxic products ex 29.23: toxic products ex 29.26: explosives ex 29.27: toxic products ex 29.29: explosive |
Chapter 30: | Pharmaceutical products |
Chapter 31: | Fertilisers |
Chapter 32: | Tanning and dyeing extracts, tanning and their derivatives, dyes, colours, paints and varnishes, putty, fillers and stoppings, inks |
Chapter 33: | Essential oils and resinoids, perfumery, cosmetic or toilet preparations |
Chapter 34: | Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing and scouring preparations, candles and similar articles, modelling pastes and ‘dental waxes’ |
Chapter 35: | Albuminoidal substances, glues, enzymes |
Chapter 37: | Photographic and cinematographic goods |
Chapter 38: | Miscellaneous chemical products, except: ex 38.19: toxic products |
Chapter 39: | Artificial resins and plastic materials, celluloses esters and ethers, articles thereof, except: ex 39.03: explosives |
Chapter 40: | Rubber, synthetic rubber, factice, and articles thereof, except: ex 40.11: bullet-proof tyres |
Chapter 41: | Raw hides and skins (other than fur skins) and leather |
Chapter 42: | Articles of leather, saddlery and harness, travel goods, handbags and similar containers, articles of animal gut (other than silk-worm gut) |
Chapter 43: | Fur skins and artificial fur, manufacturers thereof |
Chapter 44: | Wood and articles of wood, wood charcoal |
Chapter 45: | Cork and articles of cork |
Chapter 46: | Manufactures of straw of esparto and of other plaiting materials, basketware and wickerwork |
Chapter 47: | Paper-making material |
Chapter 48: | Paper and paperboard, articles or paper pulp, of paper or of paperboard |
Chapter 49: | Printed books, newspapers, pictures and other products of the printing industry, manuscripts, typescripts and plans |
Chapter 65: | Headgear and parts thereof |
Chapter 66: | Umbrellas, sunshades, walking-sticks, whips, riding-crops and parts thereof |
Chapter 67: | Prepared feathers and down and articles made of feathers or of down, artificial flowers, articles of human hair |
Chapter 68: | Articles of stone, of plaster, of cement, of asbestos, of mica and of similar materials |
Chapter 69: | Ceramic products |
Chapter 70: | Glass and glassware |
Chapter 71: | Pearls, precious and semi-precious stones, precious metals, rolled precious metals, and articles thereof; imitation jewellery |
Chapter 73: | Iron and steel and articles thereof |
Chapter 74: | Copper and articles thereof |
Chapter 75: | Nickel and articles thereof |
Chapter 76: | Aluminium and articles thereof |
Chapter 77: | Magnesium and beryllium and articles thereof |
Chapter 78: | Lead and articles thereof |
Chapter 79: | Zinc and articles thereof |
Chapter 80: | Tin and articles thereof |
Chapter 81: | Other base metals employed in metallurgy and articles thereof |
Chapter 82: | Tools, implements, cutlery, spoons and forks, of base metal, parts thereof, except: ex 82.05: tools ex 82.07: tools, parts |
Chapter 83: | Miscellaneous articles of base metal |
Chapter 84: | Boilers, machinery and mechanical appliances, parts thereof, except: ex 84.06: engines ex 84.08: other engines ex 84.45: machinery ex 84.53: automatic data-processing machines ex 84.55: parts of machines under heading No 84.53 ex 84.59: nuclear reactors |
Chapter 85: | Electrical machinery and equipment, parts thereof, except: ex 85.13: telecommunication equipment ex 85.15: transmission apparatus |
Chapter 86: | Railway and tramway locomotives, rolling-stock and parts thereof, railway and tramway tracks fixtures and fittings, traffic signalling equipment of all kinds (not electrically powered), except ex 86.02: armoured locomotives, electric ex 86.03: other armoured locomotives ex 86.05: armoured wagons ex 86.06: repair wagons ex 86.07: wagons |
Chapter 87: | Vehicles, other than railway or tramway rolling-stock, and parts thereof, except: ex 87.08: tanks and other armoured vehicles ex 87.01: tractors ex 87.02: military vehicles ex 87.03: breakdown lorries ex 87.09: motorcycles ex 87.14: trailers |
Chapter 89: | Ships, boats and floating structures, except: ex 89.01A: warships |
Chapter 90: | Optical, photographic, cinematographic, measuring, checking, precision, medical and surgical instruments and apparatus, parts thereof, except: ex 90.05: binoculars ex 90.13: miscellaneous instruments, lasers ex 90.14: telemeters ex 90.28: electrical and electronic measuring instruments ex 90.11: microscopes ex 90.17: medical instruments ex 90.18: mechano-therapy appliances ex 90.19: orthopaedic appliances ex 90.20: X-ray apparatus |
Chapter 91: | Manufacture of watches and clocks |
Chapter 92: | Musical instruments, sound recorders and reproducers, television image and sound recorders or reproducers, parts and accessories of such articles |
Chapter 94: | Furniture and parts thereof, bedding, mattresses, mattress supports, cushions and similar stuffed furnishings, except: ex 94.01A: aircraft seats |
Chapter 95: | Articles and manufactures of carving or moulding material |
Chapter 96: | Brooms, brushes, powder-puffs and sieves |
Chapter 98: | Miscellaneous manufactured articles |
Regulation 58(5)
The registers and other requests referred to in regulation 58(5) are the following and, where changes have been made at national level, the references to particular registers, declarations and certificates shall include those which have replaced them:
in Belgium the ‘Registre du Commerce’/‘Handelsregister’, and, in the case of service contracts, the ‘Ordres professionels/Beroepsorden’;
in Bulgaria, the ‘Търговски регистър’;
in the Czech Republic, the ‘obchodní rejstřík’;
in Denmark, the ‘Erhvervsstyrelsen’;
in Germany, the ‘Handelsregister’, the ‘Handwerksrolle’, and, in the case of service contracts, the ‘Vereinsregister’, the ‘Partnerschaftsregister’ and the ‘Mitgliedsverzeichnisse der Berufskammern der Länder’;
in Estonia, the ‘Registrite ja Infosüsteemide Keskus’;
in Ireland, the economic operator may be requested to provide a certificate from the Registrar of Companies or the Registrar of Friendly Societies or, where he is not so certified, a certificate stating that the person concerned has declared on oath that he is engaged in the profession in question in the country in which he is established, in a specific place under a given business name;
in Greece, the ‘Μητρώο Εργοληπτικών Επιχειρήσεων — MEΕΠ’ of the Ministry for Environment, Town and Country Planning and Public Works (Υ.ΠΕ.ΧΩ.Δ.Ε) in respect of works contracts; the ‘Βιοτεχνικό ή Εμπορικό ή Βιομηχανικό Επιμελητήριο’ and the ‘Μητρώο Κατασκευαστών Αμυντικού Υλικού’ in the case of supplies contracts; in the case of service contracts, the service provider may be asked to provide a declaration on the exercise of the profession concerned made on oath before a notary; in the cases provided for by existing national legislation, for the provision of research services, the professional register ‘Μητρώο Μελετητών’ and the ‘Μητρώο Γραφείων Μελετών’;
in Spain, the ‘Registro Oficial de Licitadores y Empresas Clasificadas del Estado’ in respect of works and services contracts, and, in the case of supplies contracts, the ‘Registro Mercantil’ or, in the case of non-registered individuals, a certificate stating that the person concerned has declared on oath that he is engaged in the profession in question;
in France, the ‘Registre du commerce et des sociétés’ and the ‘Répertoire des métiers’;
in Croatia, the ‘Sudski registar’ and the ‘Obrtni registrar’ or, in the case of some activities, a certificate stating that the person concerned is authorised to be engaged in the commercial activity or profession in question;
in Italy, the ‘Registro della Camera di commercio, industria, agricoltura e artigianato’; in the case of supplies and services contracts also the ‘Registro delle commissioni provinciali per l’artigianato’ or, in addition to the already mentioned registers, the ‘Consiglio nazionale degli ordini professionali’ in respect of services contracts; in respect of works or services contracts, the ‘Albo nazionale dei gestori ambientali’ in addition to the already mentioned registers;
in Cyprus, the contractor may be requested to provide a certificate from the ‘Council for the Registration and Audit of Civil Engineering and Building Contractors (Συμβούλιο Εγγραφής και Ελέγχου Εργοληπτών Οικοδομικών και Τεχνικών Έργων)’ in accordance with the Registration and Audit of Civil Engineering and Building Contractors Law in respect of works contracts; in the case of supplies and services contracts the supplier or service provider may be requested to provide a certificate from the ‘Registrar of Companies and Official Receiver’ (Έφορος Εταιρειών και Επίσημος Παραλήπτης) or, where this is not the case, a certificate stating that the person concerned has declared on oath that he is engaged in the profession in question in the country in which he is established, in a specific place and under a given business name;
in Latvia, the ‘Uzņēmumu reģistrs’;
in Lithuania, the ‘Juridinių asmenų registras’;
in Luxembourg, the ‘Registre aux firmes’ and the ‘Rôle de la Chambre des métiers’;
in Hungary, the ‘Cégnyilvántartás’, the ‘egyéni vállalkozók jegyzői nyilvántartása’ and, in the case of service contracts, some ‘szakmai kamarák nyilvántartása’ or, in the case of some activities, a certificate stating that the person concerned is authorised to be engaged in the commercial activity or profession in question;
in Malta, the economic operator obtains his ‘numru ta’ registrazzjoni tat-Taxxa tal-Valur Miżjud (VAT) u n-numru tal-licenzja ta’ kummerc’, and, in the case of a partnership or company, the relevant registration number as issued by the Malta Financial Services Authority;
in the Netherlands, the ‘Handelsregister’;
in Austria, the ‘Firmenbuch’, the ‘Gewerberegister’, the ‘Mitgliederverzeichnisse der Landeskammern’;
in Poland, the ‘Krajowy Rejestr Sądowy’;
in Portugal, the ‘Instituto da Construção e do Imobiliário’ (INCI) in respect of works contracts; the ‘Registro Nacional das Pessoas Colectivas’ in the case of supplies and services contracts;
in Romania, the ‘Registrul Comerțului’;
in Slovenia, the ‘sodni register’ and the ‘obrtni register’;
in Slovakia, the ‘Obchodný register’;
in Finland, the ‘Kaupparekisteri’/‘Handelsregistret’;
in Sweden, the ‘aktiebolags-, handels- eller föreningsregistren’;
in the United Kingdom, the economic operator may be requested to provide a certificate from the Registrar of Companies stating that he is certified as incorporated or registered or, where he is not so certified, a certificate stating that the person concerned has declared on oath that he is engaged in the profession in a specific place under a given business name.
Regulation 116
1. In section 4 of the Late Payment of Commercial Debts (Interest) Act 1998(3) (period for which statutory interest runs), in subsection (8), in the definition of “public authority” for “regulation 3 of the Public Contracts Regulations 2006(4)” substitute “regulation 2(1) of the Public Contracts Regulations 2015”.
2. The Greater London Authority Act 1999(5) is amended as follows.
3.—(1) Section 355(6) (duties of waste collection authorities etc.) is amended as follows.
(2) In subsection (7)(a) for “the public procurement regulations” substitute “the Utilities Contracts Regulations 2006(7)”.
(3) After subsection (7) insert—
“(8) In any case where—
(a)an authority is required to comply with the Public Contracts Regulations 2015 in the awarding of a waste contract,
(b)in compliance with those regulations the authority sends the contract notice relating to the awarding of that contract to the Publications Office of the European Union, and
(c)after the authority sends that notice, the Mayor revises the provisions of the London Environment Strategy dealing with municipal waste management,”
this section, and any guidance issued under it, are to have effect in relation to the awarding of that contract as if the revision had not been made.
4.—(1) Section 356 (directions by the Mayor) is amended as follows.
(2) In subsection (3)(a) for “the public procurement regulations” substitute “the Utilities Contracts Regulations 2006”.
(3) After subsection (3) insert—
“(3A) The Mayor may not give to an authority a direction under subsection (1) above requiring the authority to exercise a function in relation to the awarding of a waste contract if—
(a)the authority is required to comply with the Public Contracts Regulations 2015 in awarding that contract, and
(b)in compliance with those regulations the authority has sent the contract notice relating to the awarding of that contract to the Publications Office of the European Union.”.
5.—(1) Section 358(8) (information about new waste contracts) is amended as follows.
(2) In subsection (1) for “the public procurement regulations” substitute “the Utilities Contracts Regulations 2006”.
(3) After subsection (1) insert—
“(1ZA) If, in the awarding of a waste contract, a waste authority in compliance with the Public Contracts Regulations 2015 has decided—
(a)to send to the Publications Office of the European Union a prior information notice relating to the awarding of the contract, or
(b)to publish such a notice on the authority’s buyer profile, subsection (1A) below applies.”.
(4) In subsection (1A) for “that notice” substitute “the notice in question”.
(5) In subsection (1B) for “the public procurement regulations” substitute “the Utilities Contracts Regulations 2006”.
(6) After subsection (1B) insert—
“(1BA) If, in the awarding of a waste contract, a waste authority in compliance with Public Contracts Regulations 2015—
(a)has decided not to send or publish a prior information notice, but
(b)decides to send to the Publications Office of the European Union a contract notice relating to the awarding of the contract, subsection (1C) below applies.”.
(7) In subsection (1C) for “that notice” substitute “the notice in question”.
(8) In subsection (2) for “the public procurement regulations” substitute “the Utilities Contracts Regulations 2006 or the Public Contracts Regulations 2015”.
6. In section 359 (confidential information about waste contracts) in subsection (1)(c) for “the public procurement regulations” substitute “the Utilities Contracts Regulations 2006 or the Public Contracts Regulations 2015”.
7.—(1) Section 360(9) (interpretation) is amended as follows.
(2) In subsection (2)—
(a)in the definition of “buyer profile” for “the public procurement regulations” substitute “the Utilities Contracts Regulations 2006 or the Public Contracts Regulations 2015”,
(b)omit the definition of “the public procurement regulations”, and
(c)insert in the appropriate place—
“(i)“contract notice” has the same meaning as in regulation 49 of the Public Contracts Regulations 2015,”, and
“(ii)“prior information notice” has the same meaning as in regulation 48 of the Public Contracts Regulations 2015,”.
(3) In subsection (3)—
(a)after “waste authority” insert “in compliance with the Utilities Contracts Regulations 2006”,
(b)omit paragraph (a) (and the “or” immediately following it), and
(c)in paragraph (b) omit the words from “in a case” to “2006,”.
(4) In subsection (4)—
(a)after “waste authority” insert “in compliance with the Utilities Contracts Regulations 2006”,
(b)omit paragraph (a) (and the “or” immediately following it), and
(c)omit the words from “in a case” to “2006,”.
8.—(1) Section 1 of the Public Services (Social Value) Act 2012(10) (contracts of relevant authorities) is amended as follows.
(2) In subsection (2)(a) for “the Official Journal of the European Union” substitute “the Publications Office of the European Union”.
(3) Subsection (13) is omitted.
(4) In subsection (15)—
(a)in the definition of “framework agreement” after “Regulations” insert “(whether or not the Regulations apply)”,
(b)the definition of “public services contract” is omitted,
(c)in the definition of “the Regulations” for “Public Contracts Regulations 2006 (S.I. 2006/5)” substitute “Part 2 of the Public Contracts Regulations 2015 (S.I. 2015/102)”, and
(d)in the definition of “relevant authority” for “for the purposes of the Regulations” substitute “within the meaning of the Regulations (whether or not the Regulations apply)”.
(5) After subsection (15) insert—
“(16) For the purposes of this section references to a public services contract are to—
(a)a public service contract to which the Regulations apply (or which is treated as such a contract by the Regulations), or
(b)any contract, not being a contract falling within paragraph (a), which would have been a public services contract to which the Public Contracts Regulations 2006 would have applied (or which would have been treated by those Regulations as such a contract) if those Regulations had not been revoked”.
9. In section 76 of the Health and Social Care Act 2012(11) (regulations under section 75), in subsection (8)(b) for “the Public Contracts Regulations 2006 (S.I. 2006/5)” substitute “the Public Contracts Regulations 2015 (S.I. 2015/102)”.
10. For article 3(1)(j) of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975(12) substitute—
“(j)any question asked by or on behalf of a contracting authority in relation to a conviction for an offence listed in regulation 57(1) of the Public Contracts Regulations 2015 which is a spent conviction (or any circumstances ancillary to such a conviction) for the purpose of determining whether or not a person is excluded—
(i)for the purposes of regulation 57 of the Public Contracts Regulations 2015, or
(ii)from participation in a design contest for the purposes of regulation 80 of the Public Contracts Regulations 2015,
where the person questioned is informed at the time the question is asked that, by virtue of this Order, spent convictions for such offences are to be disclosed;
(ja)any question asked by or on behalf of a contracting authority in relation to a conviction for an offence listed in regulation 26(1) of the Utilities Contracts Regulations 2006(13) which is a spent conviction (or any circumstances ancillary to such a conviction) for the purpose of determining whether or not a person is ineligible—
(i)for the purposes of regulation 26 of the Utilities Contracts Regulations 2006, or
(ii)to participate in a design contest for the purposes of regulation 34 of the Utilities Contracts Regulation 2006,
where the person questioned is informed at the time the question is asked that, by virtue of this Order, spent convictions for such offences are to be disclosed;”.
11.—(1) Rule 54.5 of the Civil Procedure Rules 1998(14) is amended as follows.
(2) In paragraph (A1)—
(a)for the definition of “decision governed by the Public Contracts Regulations 2006(15)” substitute—
““decision governed by the Public Contracts Regulations 2015” means any decision the legality of which is or may be affected by a duty owed to an economic operator by virtue of regulations 89 or 90 of those Regulations (and for this purpose it does not matter that the claimant is not an economic operator); and”,
(b)in the definition of “economic operator” for “regulation 4 of the Public Contracts Regulations 2006” substitute “regulation 2(1) of the Public Contracts Regulations 2015”.
(3) In paragraph (6)—
(a)for “the Public Contracts Regulations 2006” substitute “the Public Contracts Regulations 2015”,
(b)for “regulation 47D(2)” substitute “regulation 92”.
12. In regulation 2(1) of the Service Charges (Consultation Requirements) (England) Regulations 2003(16) in the definition of “public notice” for “in the Official Journal of the European Union pursuant to the Public Contracts Regulations 2006” substitute “by the Publications Office of the EU pursuant to the Public Contracts Regulations 2015”.
13. In regulation 9(1) of the Schools Forums (Wales) Regulations 2003(17) for “regulation 8 of the Public Contracts Regulations 2006” substitute “regulation 5 of the Public Contracts Regulations 2015”.
14. In regulation 2(1) of the Service Charges (Consultation Requirements) (Wales) Regulations 2004(18) in the definition of “public notice” for “in the Official Journal of the European Union pursuant to the Public Contracts Regulations 2006” substitute “by the Publications Office of the EU pursuant to the Public Contracts Regulations 2015”.
15.—(1) The Utilities Contracts Regulations 2006 are amended as follows.
(2) In regulation 2, in the definition of “contracting authority” for “regulation 3 of the Public Contracts Regulations 2006” substitute “regulation 2(1) of the Public Contracts Regulations 2015”.
(3) In regulation 3(2) for the definition of “local authority” substitute—
““local authority” means—
in relation to a local authority in England—
a county council, a district council, a London borough council, a parish council, the Council of the Isles of Scilly;
the Common Council of the City of London in its capacity as local authority or police authority; or
the Greater London Authority or a functional body within the meaning of the Greater London Authority Act 1999(19);
in relation to a local authority in Wales, a county council, a county borough council or a community council;
in relation to Scotland, a local authority within the meaning of section 235(1) of the Local Government (Scotland) Act 1973(20) and also includes a joint board or joint committee within the meaning of section 235(1) of that Act;
in relation to a local authority in Northern Ireland, a district council within the meaning of the Local Government Act (Northern Ireland) 1972(21).”.
(4) In regulations 5 and 21 for “the Public Contracts Regulations 2006”, in each place it occurs, substitute “Part 2 of the Public Contracts Regulations 2015”.
16. In regulation 31(5)(g) of the Provision of Services Regulations 2009(22) for “regulations 23(5), 24(1) and 25 of the Public Contracts Regulations 2006” substitute “regulations 60(1) (read with regulation 58(5)), 60(4) and (5) and 62 of the Public Contracts Regulations 2015”.
17. In regulation 9 of the Quality Contracts Tendering Schemes (Tendering Requirements) (England) Regulations 2009(23) for “the Public Contracts Regulations 2006, the Utilities Contracts Regulations 2006 or the Defence and Security Public Contracts Regulations 2011(24)” substitute “the Utilities Contracts Regulations 2006, the Defence and Security Public Contracts Regulations 2011 or Part 2 or 3 of the Public Contracts Regulations 2015”.
18.—(1) The Cleaner Road Transport Vehicle Regulations 2011(25) are amended as follows.
(2) In regulation 2(1)—
(a)omit the definitions of “contracting authority”, “established”, “national of a relevant State” and “relevant State”,
(b)in the appropriate place insert ““contracting authority” has the meaning given to “contracting authorities” in regulation 2(1) of the Public Contracts Regulations 2015,”,
(c)in the definition of “contract notice” for “the Public Contracts Regulations 2006” substitute “Part 2 of the Public Contracts Regulations 2015”,
(d)in the definition of “declaration of ineffectiveness” for “regulation 47(1) of the Public Contracts Regulations 2006” substitute “regulation 88(1) of the Public Contracts Regulations 2015”,
(e)in the definition of “economic operator” for “Public Contracts Regulations 2006” substitute “Public Contracts Regulations 2015”, and
(f)in the definition of “procurement procedure” for sub-paragraph (a) substitute—
““the open procedure, the restricted procedure, the competitive procedure with negotiation, competitive dialogue, the negotiated procedure without prior publication or an innovation partnership within the meaning of the Public Contracts Regulations 2015;””.
(3) In regulation 3—
(a)in paragraph (3)(a) for “the Public Contracts Regulations 2006” substitute “Part 2 of the Public Contracts Regulations 2015”,
(b)in paragraph (4)(a) for “Public Contracts Regulations 2006 by regulation 8 (thresholds)” substitute “Public Contracts Regulations 2015 by regulation 5 (threshold amounts)”.
(4) In regulation 6—
(a)in paragraph (2) for “Part 9 of the Public Contracts Regulations 2006” substitute “Part 3 of the Public Contracts Regulations 2015”,
(b)in paragraph 2(a) for “regulation 47A” substitute “regulation 89”,
(c)in paragraph (4) for “Part 9 of the Public Contracts Regulations 2006” substitute “Part 3 of the Public Contracts Regulations 2015”,
(d)in paragraph (4)(a) for “a national of and established in a relevant State” substitute “ a national of or established in an EEA state”.
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(26)” 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(27) 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.”.
20. In regulation 9 of the Schools Forum (England) Regulations 2012(28) for “regulation 8” of the Public Contracts Regulations 2006” substitute “regulation 5 of the Public Contracts Regulations 2015”.
21. In regulations 13(3) and 17 of the National Health Service (Procurement, Patient Choice and Competition) (No. 2) Regulations 2013(29) (and the corresponding entries in the table of contents for those Regulations) for “Public Contracts Regulations 2006”, in each place it occurs, substitute “Public Contracts Regulations 2015”.
22. The Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013(30) are amended as follows.
23. In regulation 6(2)—
(a)in sub-paragraph (a) for “the Public Contracts Regulations 2006 nor the Utilities Contracts Regulations 2006(31)” substitute “the Utilities Contracts Regulations 2006 nor Part 2 of the Public Contracts Regulations 2015”,
(b)in sub-paragraph (c) omit sub-paragraph (i),
(c)in sub-paragraph (d) for “regulation 14 of the Public Contracts Regulations 2006” substitute “regulation 32 of the Public Contracts Regulations 2015”.
24. In regulation 8(3)(a) for “the Public Contracts Regulations 2006 or the Utilities Contracts Regulations 2006” substitute “the Utilities Contracts Regulations 2006 or Part 2 of the Public Contracts Regulations 2015”.
25. The provisions of the Utilities Contracts Regulations 2006 applied by the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 have effect with the amendments of those provisions made by these Regulations.
26. In regulation 16(2)(b)(i) of the Energy Savings Opportunity Scheme Regulations 2014(32) for “a “contracting authority” as defined in regulation 3 of the Public Contracts Regulations 2006” substitute “any of the “contracting authorities” as defined in regulation 2(1) of the Public Contracts Regulations 2015”.
27. In regulation 3(2)(a) of the Tax Relief for Social Investments (Accreditation of Social Impact Contractor) Regulations 2014(33) for “regulation 3(1) of the Public Contracts Regulations 2006” substitute “regulation 2(1) of the Public Contracts Regulations 2015”.
OJ No L 293, 24.10.1990, p.1; last amended by Regulation (EC) No 1893/2006 of the European Parliament and of the Council (OJ No L 393, 30.12.2006, p1).
The references in this Schedule are derived from Annex 4 to the EU’s Appendix 1 to the GPA (for which see the footnote to the definition of ‘GPA’ in regulation 2(1)).
1998 c.20; section 4(8) was amended by regulation 2(1) and (6) of S.I. 2013/395 and regulation 2(1) and (6) of S.S.I. 2013/77.
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.
Section 355(7) was amended by paragraphs 1, 6(a) and 7 of Schedule 23 and Part 33 of Schedule 25 to the Localism Act 2011 (c.20).
S.I. 2006/6, amended by S.I. 2008/2848, 2011/1043, 2053, 2012/1659, 2013/610; there are other amending instruments but none is relevant.
Section 358(1), (1A), (1B) and (1C) were amended by s.39(1) to (3) of the Greater London Authority Act 2007 (c.24)
Section 360 was amended by section 39(6) to (8) of the Greater London Authority Act 2007 and regulation 48(a) of and paragraph 1 of Schedule 7 to S.I. 2006/5.
S.I. 1975/1023 amended by S.I. 2006/2143; there are other amending instruments but none is relevant.
S.I. 2006/6, amended by S.I. 2008/2848, 2011/1043, 2053, 2012/1659, 2013/610; there are other amending instruments but none is relevant.
S.I. 1998/3132; relevant amending instruments are S.I. 2013/1412 and 2000/2092.
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.I. 2003/1987, amended by S.I. 2006/5; there are other amending instruments but none is relevant.
S.I. 2003/2909, amended by S.I. 2006/5; there are other amending instruments but none is relevant.
S.I. 2004/684, amended by S.I. 2006/5; there are other amending instruments but none is relevant.
1999 (c.29), the definition of “functional body” in section 424 was amended by section 3(9) of the Police Reform and Social Responsibility Act 2011 (c.13) and paragraphs 44 and 52 of Schedule 22 and Part 32 of Schedule 25 to the Localism Act 2011 (c.20).
1973 c.65; section 235(1) was amended by the Local Government etc (Scotland) Act 1994 (c.39), section 180(1), (2) and Schedule 13, paragraph 92(66)(c).
1972 c.9; section 1 was amended by S.I. 1985/454.
S.I. 2009/2999, to which there are amendments not relevant to these Regulations.
S.I. 2009/3244, amended by S.I. 2011/1848.
S.I. 2011/1848, amended by S.S.I. 2012/88, 2012/89; there are other amending instruments but none is relevant.
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.
S.I. 2012/2261, to which there are amendments not relevant to these Regulations.
S.I. 2006/6, amended by S.I. 2008/2848, 2011/1043, 2053, 2012/1659, 2013/610; there are other amending instruments but none is relevant.