{
  "url": "https://openlegislation.uk/utilities-contracts-scotland-regulations-2016/regulation-42",
  "json_url": "https://openlegislation.uk/utilities-contracts-scotland-regulations-2016/regulation-42.json",
  "legislation": "ssi/2016/49",
  "legislation_title": "The Utilities Contracts (Scotland) Regulations 2016",
  "legislation_url": "https://openlegislation.uk/utilities-contracts-scotland-regulations-2016",
  "path": "regulation/42",
  "kind": "regulation",
  "number": "42",
  "heading": "Choice of procedures",
  "text": "(1) When undertaking a procurement a utility must apply procedures that conform to these Regulations.\n(2) A utility must apply one of the following procedures—\n(a) an open procedure;\n(b) a restricted procedure;\n(c) a negotiated procedure with a prior call for competition;\n(d) a competitive dialogue;\n(e) an innovation partnership;\n(f) a negotiated procedure without a prior call for competition.\n(3) The procedures referred to in paragraph (2)(a) to (e) must include publication of a call for competition.\n(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).\n(5) A call for competition may be made by means of—\n(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(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\n(c) a contract notice in accordance with regulation 67 (contract notices).\n(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(7) Nothing in these Regulations prevents a utility which has commenced a procurement from terminating that procurement at any time.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 42 in force at 18.4.2016, see reg. 1(2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2016/49/regulation/42",
    "retrieved_at": "2026-10-28T21:25:30.893927+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}