{
  "url": "https://openlegislation.uk/utilities-contracts-scotland-regulations-2016/regulation-43",
  "json_url": "https://openlegislation.uk/utilities-contracts-scotland-regulations-2016/regulation-43.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/43",
  "kind": "regulation",
  "number": "43",
  "heading": "Open Procedure",
  "text": "(1) In an open procedure, a utility must permit any interested economic operator to submit a tender in response to a call for competition within the time period set by the utility in accordance with this regulation.\n(2) The tender must be accompanied by the information for qualitative selection that is required by the utility.\n(3) Subject to paragraphs (4) to (6), the minimum time period for the receipt of tenders shall be 35 days from the date on which the contract notice is submitted for publication.\n(4) Where a utility has published a periodic indicative notice ..., the minimum time limit for the receipt of tenders may be reduced to 15 days, provided that—\n(a) the periodic indicative notice included (in addition to the information required by regulation 65(2)) the information set out in section II of Part A of Annex VI to the Utilities Contracts Directive, read subject to the following modifications—\n(i) in paragraph 7, the reference to the third and fourth sub-paragraph of Article 73(1) is to be read as a reference to regulation 71(4) and (5) of these Regulations;\n(ii) in paragraph 21, the reference to Article 82 is to be read as a reference to regulation 80 of these Regulations; and\n(b) the periodic indicative notice was submitted for publication between 35 days and 12 months before the date on which the contract notice was submitted for publication.\n(5) Where a state of urgency duly substantiated by a utility renders it impracticable to apply the minimum time limit set out in paragraph (3), the utility may fix a time limit which must not be less than 15 days from the date on which the contract notice was submitted for publication.\n(6) A utility may reduce the minimum time period referred to in paragraph (3) by a period of up to 5 days where it accepts that tenders may be submitted by electronic means in accordance with regulation 38 (rules applicable to communication).",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Word in reg. 43(3) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(28)(a) (with sch. paras. 1-5)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in reg. 43(4) omitted (30.5.2023) by virtue of The Public Procurement (Miscellaneous Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/124), regs. 2, 5(7)(a) (with reg. 3)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Reg. 43(4)(a) substituted (30.5.2023) by The Public Procurement (Miscellaneous Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/124), regs. 2, 5(7)(b) (with reg. 3)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Word in reg. 43(4)(b) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(28)(b)(ii) (with sch. paras. 1-5)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Word in reg. 43(5) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(28)(c) (with sch. paras. 1-5)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 43 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/43",
    "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."
}