The Public Procurement etc. (Miscellaneous Amendments) (Scotland) Regulations 2019

Document Number:2019 No. 173
Coming into force:Coming into force on the 01/07/2019
 
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Scottish Statutory Instruments

Public Procurement

Made

16 th May 2019

Laid before the Scottish Parliament

20 th May 2019

Coming into force

1 st July 2019

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1) and all other powers enabling them to do so.

Citation and commencement,

  1. —(1) These Regulations may be cited as the Public Procurement etc. (Miscellaneous Amendments) (Scotland) Regulations 2019.

    (2) These Regulations come into force on 1 July 2019.

    Amendment of the Utilities Contracts (Scotland) Regulations 2016

  2. —(1) The Utilities Contracts (Scotland) Regulations 2016(2) are amended as follows.

    (2) In regulation 2(1) (interpretation) , in the definition of “contract”, for “supplies or services” substitute “supply or service”.

    (3) In regulation 3(1) (subject-matter and application of these regulations) , for “to the organisation” substitute “for the organisation”.

    (4) In regulation 35(3)(c) (economic operators) , for “services” substitute “service”.

    (5) In regulation 61(1)(a) (communication of technical specifications) , for “services” substitute “service”.

    (6) In regulation 77(10) (reliance on capacity of other entities) , for “services” substitute “service”.

    (7) In regulation 85 (subcontracting)—

    (a) in paragraph (4)(b) , for “services contract” substitute “service contract”,

    (b) in paragraph (8)(a) and (b) , for “services contracts” substitute “service contracts”.

    Amendment of the Concession Contracts (Scotland) Regulations 2016

  3. —(1) The Concession Contracts (Scotland) Regulations 2016(3) are amended as follows.

    (2) In regulation 9(1)(a) (exclusions: concession contracts awarded on the basis of an exclusive right) , for “a concession contract” substitute “a services concession contract”.

    (3) In regulation 52(5)(a) (enforcement of duties through the courts) , for “form and matter of publication of notices” substitute “form and manner of publication of notices”.

    Amendment of the Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019

  4. —(1) The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019(4) are amended as follows.

    (2) In regulation 5 (amendments to the Utilities Contracts (Scotland) Regulations 2016 that are commenced on exit day) , omit paragraphs (2)(a)(iii) , (3)(a) , (23)(b) , (36) , (45) and (50)(a) and (c).

    (3) In regulation 7 (amendments to the Concession Contracts (Scotland)...

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