The Public Procurement etc. (Miscellaneous Amendments) (Scotland) Regulations 2019
| Jurisdiction | Scotland |
| Citation | SSI 2019/173 |
| Year | 2019 |
2019 No. 173
Public Procurement
The Public Procurement etc. (Miscellaneous Amendments) (Scotland) Regulations 2019
Made 16th May 2019
Laid before the Scottish Parliament 20th May 2019
Coming into force 1st July 2019
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 19721and 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 20162are 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)
(a) in paragraph (4)(b), for “services contract” substitute “service contract”,
(b)
(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 20163are 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 20194are 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) Regulations 2016 that are commenced on exit day), omit paragraphs...
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