OpenLegislation

Regulation 92 NoticesC1I1

Scotland

(1)

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.

(2)

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.

(3)

A utility that has held a design contest must—

(a)

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

(b)

F3submit such notice to the F4UK e-notification service within 30 days of the closure of the design contest.

(4)

A utility may withhold from publication information on the result of the contest where the release of the information—

(a)

would impede law enforcement or otherwise be contrary to the public interest;

(b)

would prejudice the commercial interests of any person; or

(c)

might prejudice fair competition between economic operators.

(5)

The utility must F5submit the notices referred to in this regulation for publication in accordance with regulation 69 (F6publication on the UK e-notification service).

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))

Commencement

I1

Reg. 92 in force at 18.4.2016, see reg. 1(2)