OpenLegislation

Regulation 42 Choice of proceduresI1

Scotland

(1)

When undertaking a procurement a utility must apply procedures that conform to these Regulations.

(2)

A utility must apply one of the following procedures—

(a)

an open procedure;

(b)

a restricted procedure;

(c)

a negotiated procedure with a prior call for competition;

(d)

a competitive dialogue;

(e)

an innovation partnership;

(f)

a negotiated procedure without a prior call for competition.

(3)

The procedures referred to in paragraph (2)(a) to (e) must include publication of a call for competition.

(4)

The procedure referred to in paragraph (2)(f) does not require publication of a call for competition but it must only be used in one of the cases set out in regulation 48 (use of the negotiated procedure without prior call for competition).

(5)

A call for competition may be made by means of—

F1(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

a notice on the existence of a qualification system in accordance with regulation 66 (notices on the existence of a qualification system) but only where the contract is to be awarded following a restricted or negotiated procedure, competitive dialogue or innovation partnership; or

(c)

a contract notice in accordance with regulation 67 (contract notices).

F2(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)

Nothing in these Regulations prevents a utility which has commenced a procurement from terminating that procurement at any time.

Annotations

Textual amendments

F1

Reg. 42(5)(a) omitted (30.5.2023) by virtue of The Public Procurement (Miscellaneous Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/124), regs. 2, 5(6)(a) (with reg. 3)

F2

Reg. 42(6) omitted (30.5.2023) by virtue of The Public Procurement (Miscellaneous Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/124), regs. 2, 5(6)(b) (with reg. 3)

Commencement

I1

Reg. 42 in force at 18.4.2016, see reg. 1(2)