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Regulation 7 Transitional provision in respect of amendments relating to the Utilities Contracts Regulations 2016

Original text. Later amendments are not shown.

(1)

Terms used in this regulation have the same meaning as in the 2016 UC Regulations as they had effect immediately before 24th February 2025.

(2)

The amendments made by regulation 4(3) do not affect any procurement commenced before the day on which the UK-India CETA enters into force.

(3)

For the purposes of paragraph (2), a procurement has been commenced before the day on which the UK-India CETA enters into force if, before that day—

(a)

a utility has submitted a notice on the existence of a qualification system required by regulation 44(4)(b) of the 2016 UC Regulations (choice of procedures) in accordance with regulation 71 of those Regulations (publication on the UK e-notification service) for the award of a contract under a qualification system,

(b)

a utility has submitted a contract notice required by regulation 44(4)(c) of the 2016 UC Regulations in accordance with regulation 71 of those Regulations for the award of a contract under a dynamic purchasing system, or

(c)

a utility has contacted an economic operator in order to commence the award of a contract based on a framework agreement (see regulation 51 of those Regulations (framework agreements)).

(4)

But the amendments made by regulation 4(3) do affect the evaluation of an economic operator’s request, made on or after the day on which the UK-India CETA enters into force,—

(a)

to participate in a dynamic purchasing system in accordance with paragraphs (15) to (20) of regulation 52 of the 2016 UC Regulations (dynamic purchasing systems), and

(b)

for qualification to a system in accordance with regulation 77 of those Regulations (qualification systems).