Regulation 21 Amendment of the Utilities Contracts (Scotland) Regulations 2016I1

United Kingdom

(1)

The Utilities Contracts (Scotland) Regulations 2016^f1 are amended as follows.

(2)

In regulation 2(1) (interpretation)—

(a)

after the definition of “CPV”, insert—

““defence and security contract” has the same meaning as in section 7 of the Procurement Act 2023;”;

(b)

omit the definition of “Defence and Security Regulations”.

(3)

In regulation 4(6) (utilities)—

(a)

insert “or” after sub-paragraph (a)(ii);

(b)

omit the “or” after sub-paragraph (a)(iii);

(c)

omit sub-paragraph (a)(iv) and the “and” after it;

(d)

after sub-paragraph (a), insert—

“(aa)

procedures in accordance with section 19 of the Procurement Act 2023; and”.

(4)

In regulation 5(1) (mixed procurement covering the same activity), for “the Defence and Security Regulations” substitute “is the supply of anything within section 7(1) of the Procurement Act 2023”.

(5)

In regulation 6(1) (procurement covering several activities), for “the Defence and Security Regulations” substitute “is the supply of anything within section 7(1) of the Procurement Act 2023”.

(6)

In regulation 23(1) (defence and security)—

(a)

in paragraph (1) omit “or design contests”;

(b)

in sub-paragraph (a), for “Defence and Security Regulations apply” substitute “Procurement Act 2023 applies”;

(c)

in sub-paragraph (b), for “those Regulations do not apply pursuant to regulations 7 or 9 of those Regulations” substitute “the Procurement Act 2023 does not apply pursuant to section 3 of that Act”.

(7)

In regulation 24 (mixed procurement covering the same activity and involving defence and security aspects)—

(a)

in paragraph (1), for “the Defence and Security Regulations” substitute “is the supply of anything within section 7(1) of the Procurement Act 2023”;

(b)

in paragraph (3), for “Defence and Security Regulations” substitute “Procurement Act 2023”;

(c)

in paragraph (5)(b), for “is covered by the Defence and Security Regulations, the procurement may be undertaken in accordance with those Regulations” substitute “would, if awarded as a separate contract, be considered a defence and security contract, the procurement may be undertaken in accordance with the Procurement Act 2023”;

(d)

in paragraph (7), for “Defence and Security Regulations” substitute “Procurement Act 2023”.

(8)

In regulation 25 (procurement covering several activities and involving defence and security aspects)—

(a)

in paragraph (1), for “the Defence and Security Regulations” substitute “are the supply of anything within section 7(1) of the Procurement Act 2023”;

(b)

in paragraph (3), for “Defence and Security Regulations” substitute “Procurement Act 2023”;

(c)

in paragraph (5)(b), for “is intended to cover an activity which is covered by the Defence and Security Regulations, the procurement may be undertaken in accordance with those Regulations” substitute “would, if it were awarded as a separate contract, be considered a defence and security contract, the procurement may be undertaken in accordance with the Procurement Act 2023”;

(d)

in paragraph (7), for “Defence and Security Regulations” substitute “Procurement Act 2023”.

(9)

In Schedule 3, omit paragraph 2.

Annotations

Commencement

I1: Reg. 21 in force at 24.2.2025, see reg. 1(2)

Footnotes

f1: S.S.I. 2016/49, as amended by S.S.I. 2019/173 and 2020/468; there are other amending instruments but none is relevant.