Regulation 92 NoticesC1I1
Scotland
A utility that intends to carry out a design contest must call for competition by means of a contest notice which includes the information set out in Annex XIX to the Utilities Contracts Directive F1, but as if, in paragraph 15, “date of dispatch” were a reference to the date on which the notice is submitted to the UK e-notification service for the purposes of these Regulations.
Where a utility intends to award a subsequent service contract under regulation 48(4)(f) (use of the negotiated procedure without prior call for competition) this must be indicated in the contest notice.
A utility that has held a design contest must—
make the results known by means of a notice which must include the information set out in Annex XX to the Utilities Contracts Directive F2, but as if, in paragraph 11, “date of dispatch” were a reference to the date on which the notice is submitted to the UK e-notification service for the purposes of these Regulations; and
A utility may withhold from publication information on the result of the contest where the release of the information—
would impede law enforcement or otherwise be contrary to the public interest;
would prejudice the commercial interests of any person; or
might prejudice fair competition between economic operators.
Annotations
Textual amendments
- F1
Words in reg. 92(1) inserted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(52)(a) (with sch. paras. 1-5)
- F2
Words in reg. 92(3)(a) inserted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(52)(b)(i) (with sch. paras. 1-5)
- F3
Word in reg. 92(3)(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(52)(b)(ii)(aa) (with sch. paras. 1-5)
- F4
Words in reg. 92(3)(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(52)(b)(ii)(bb) (with sch. paras. 1-5)
- F5
Word in reg. 92(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(52)(c)(i) (with sch. paras. 1-5)
- F6
Words in reg. 92(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(52)(c)(ii) (with sch. paras. 1-5)
Modifications
- C1
Pt. 3 Ch. 2 modified (18.4.2016) by S.S.I. 2013/50, Sch. 3 para. 10(2)(b) (as substituted by The Utilities Contracts (Scotland) Regulations 2016 (S.S.I. 2016/49), reg. 1, sch. 3 para. 3(2)(b))