Regulation 2 Pre-exit amendments of the Defence and Security Public Contract Regulations 2011

(1)

The Defence and Security Public Contracts Regulations 2011^f1 are amended as follows.

(2)

In regulation 3 (interpretation), in paragraph (1)—

(a)

omit the definition of “Commission Regulation (EC) No 1564/2005”;

(b)

in the definition of “contract notice”—

(i)

in paragraph (a)—

(aa)

omit “subject to sub-paragraph (b),”;

(bb)

after “specified” insert “for that notice”;

(ii)

omit paragraph (b) and the preceding “or”;

(c)

after the definition of “life cycle” insert—

““member State”, except in regulation 2(2), also includes Iceland and Norway;”;

(d)

in the definition of “military equipment”, in paragraph (a), after “Union” insert “adopted by the Council on 26th February 2018^f2”;

(e)

in the definition of “prior information notice”—

(i)

in paragraph (a)—

(aa)

omit “subject to sub-paragraph (b),”;

(bb)

after “specified” insert “for that notice”;

(ii)

omit paragraph (b) and the preceding “or”.

(3)

In regulation 14 (prior information notices)—

(a)

in paragraph (3), after “form of a notice” insert “of publication”;

(b)

in paragraph (4)—

(i)

in the words before paragraph (a), after “notice” insert “of publication”;

(ii)

in sub-paragraph (a)—

(aa)

omit “subject to sub-paragraph (b),”;

(bb)

after “specified” insert “for that notice”;

(iii)

omit sub-paragraph (b) and the preceding “or”.

(4)

In regulation 17 (the restricted procedure), in paragraph (20)(b), omit the words from “or, if” to “therein specified,”.

(5)

In regulation 32 (contract award notice)—

(a)

in paragraph (1)—

(i)

in sub-paragraph (a)—

(aa)

omit “subject to sub-paragraph (b),”;

(bb)

after “specified” insert “for that notice”;

(ii)

omit sub-paragraph (b) and the preceding “or”;

(b)

in paragraph (2), in the words before sub-paragraph (a)—

(i)

for “in the form of the” substitute “for a”;

(ii)

omit the words from “or, if” to “notice”.

(6)

In regulation 42 (thresholds and rules on advertising), in paragraph (2)—

(a)

in sub-paragraph (a), omit “subject to sub-paragraph (b),”;

(b)

omit sub-paragraph (b) and the preceding “or”.

(7)

In regulation 48 (publication of notices), in paragraph (1)(a), for the words from “the necessary” to “and contain” substitute “, in addition to the information required by these Regulations in respect of that notice,”.

(8)

In regulation 60 (grounds for ineffectiveness), in paragraph (4), omit sub-paragraph (b) and the preceding “and”.

Annotations

Footnotes

f1: S.I. 2011/1848, amended by S.I. 2015/102, 2016/275, 696 and by S.S.I. 2015/446, 2016/49; there are other amending instruments but none is relevant.
f2: OJ No C 98, 15.3.2018, p 1.