# The Utilities Contracts (Scotland) Regulations 2016, Regulation 42: Choice of procedures

Extent: S

(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—
(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).
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) Nothing in these Regulations prevents a utility which has commenced a procurement from terminating that procurement at any time.

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Source: https://www.legislation.gov.uk/ssi/2016/49/regulation/42 (the official version)
Page: https://openlegislation.uk/utilities-contracts-scotland-regulations-2016/regulation-42
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.