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STATUTORY INSTRUMENTS
2016 No. 274
PUBLIC PROCUREMENT,
ENGLAND AND WALES
PUBLIC PROCUREMENT, NORTHERN IRELAND
The Utilities Contracts Regulations 2016
Made        -      -       -      - 11th March 2016
Laid before Parliament 17th March 2016Coming into force in accordance with regulation 1(2)
to (4)
F1F2The Minister for the Cabinet Office is designated for the purposes of section 2(2) of the European
Communities Act 1972 in relation to public procurement .
F3The Minister for the Cabinet Office makes these Regulations in exercise of the powers conferred
by section 2(2) of, as read with paragraph 1A of Schedule 2 to, that Act.
These Regulations make provision for a purpose mentioned in section 2(2) of that Act, and it
appears to the Minister for the Cabinet Office that it is expedient for certain references to provisions
of EU instruments to be construed as references to those provisions as amended from time to time.
F1 1972 c.68 ; section 2(2)  was amended by the Legislative and Regulatory Reform Act 2006 (c.51) ,
section 27(1)(a) , and by the European Union (Amendment) Act 2008 (c.7) , Part 1  of the Schedule.
F2 S.I. 2010/2473 .
F3 Paragraph 1A  was inserted by the Legislative and Regulatory Reform Act 2006 (c.51) , section 28 ,
and was amended by the European Union (Amendment) Act 2008, Part 1 of the Schedule and by S.I.
2007/1388 .
Modifications etc. (not altering text)
C1 Instrument  applied (with modifications) (18.4.2016) by The Public Procurement (Amendments,
Repeals and Revocations) Regulations 2016 (S.I. 2016/275) , reg. 1(1) , Sch. 2 para. 50  (with reg. 5 )Document Generated: 2021-12-14
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PART 1
GENERAL
CHAPTER 1
CITATION, COMMENCEMENT, EXTENT, DEFINITIONS AND SUBJECT-MATTER
Citation, commencement and extent
1.—(1)  These Regulations may be cited as the Utilities Contracts Regulations 2016.
Commencement
(2)  Except for the provisions mentioned in paragraphs (3) and (4), these Regulations come into
force on 18th April 2016.
(3)  Paragraphs (1) to (7) of regulation 40 come into force—
(a)for the purposes of regulations 45(6), 52(13), 54(4), 73(4) and 124(2)(a) on 18th April
2016
(b)for the purposes of regulation 55(7), on 18th April 2017;
(c)for all other purposes, on 18th October 2018.
(4)  Regulation 55(7) comes into force on 18th April 2017.
Extent
(5)  These Regulations do not extend to Scotland.
Definitions
2.—(1)  In these Regulations—
“accelerated open procedure” means an open procedure in which the utility has exercised the
power conferred by regulation 45(5) to fix a time limit for the receipt of tenders which is shorter
than the minimum specified in regulation 45(2).
“ancillary purchasing activities” means activities consisting of the provision of support to
purchasing activities, in particular in the following forms—
(a) technical infrastructure enabling utilities to award public contracts or to conclude
framework agreements for works, supplies or services;
(b) advice on the conduct or design of procurement procedures;
(c) preparation and management of procurement procedures on behalf and for the account
of the utility concerned;
“call for competition” means a call for competition made in a manner permitted by
regulation 44(4) or, where relevant, one of the notices referred to in regulation 91(1) or a
contest notice;
“candidate” means an economic operator that has sought an invitation or has been invited
to take part in a restricted or negotiated procedure, a competitive dialogue or an innovation
partnership;
“central purchasing body” means a utility, within the meaning of regulation 5, or a contracting
authority, within the meaning of regulation 2(1) of the Public Contracts Regulations, which
provides centralised purchasing activities and which may also provide ancillary purchasing
activities;
“centralised purchasing activities” has the meaning given by regulation 55(10);
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“the Commission” means the European Commission;
“contest notice” means the notice referred to in regulation 95(1);
“contracts”, except as provided for in regulation 122(10), means contracts for pecuniary
interest concluded in writing between one or more utilities and one or more economic operators
and having as their object the execution of works, the supply of products or the provision of
services.
“contract notice” means the notice referred to in regulation 69 or, where relevant, 91(1)(a);
“contracting authorities” has the meaning given to it by regulation 4;
“CPV” means the Common Procurement Vocabulary as adopted by Regulation (EC) No.
2195/2002  of the European Parliament and of the Council F4 as amended from time to time;
“Defence and Security Regulations” means the Defence and Security Public Contracts
Regulations 2011 F5;
“design contests” except as provided for in regulation 122(10), means those procedures which
enable a utility to acquire, mainly in the fields of town and country planning, architecture,
engineering or data processing, a plan or design selected by a jury after being put out to
competition with or without the award of prizes;
“disabled”, in relation to a person, means a disabled person within the meaning of the Equality
Act 2010 F6 and, in relation to a worker, means a disabled person who is a worker;
“dynamic purchasing system” except as provided for in regulation 122(10), means the system
referred to in regulation 52;
“economic operator” means any person, or a utility, or a group of such persons or utilities
or both, including any temporary associations of undertakings, which offers the execution of
works or a work, the supply of products or the provision of services on the market;
[F7“electronic document” has the meaning given in Article 3(35) of Regulation (EU) No
910/2014 of the European Parliament and of the Council on electronic identification and trust
services for electronic transactions in the internal market; ]
“electronic means” means electronic equipment for the processing (including digital
compression) and storage of data which is transmitted, conveyed and received by wire, by
radio, by optical means or by other electromagnetic means;
[F8“electronic signature” has the meaning given in Article 3(10) of Regulation (EU) No
910/2014 of the European Parliament and of the Council on electronic identification and trust
services for electronic transactions in the internal market; ]
“EU Publications Office” means the Publications Office of the EU;
“European standard” means a standard adopted by a European standardisation organisation
and made available to the general public;
“framework agreement” except as provided for in regulation 122(10), has the meaning given
by regulation 51(2);
“GPA” means the Agreement on Government Procurement between certain parties to the
World Trade Organisation signed in Marrakesh on 15th April 1994 as amended F9;
“innovation” means the implementation of a new or significantly improved product, service
or process, including but not limited to production, building or construction processes, a
new marketing method, or a new organisational method in business practices, workplace
organisation or external relations including with the purpose of helping to solve societal
challenges or to support the Europe 2020 strategy F10 for smart, sustainable and inclusive
growth;
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“international standard” means a standard adopted by an international standardisation
organisation and made available to the general public;
“invitation to confirm interest” means, except in regulation 49(18) and (19), an invitation which
a utility sends in order to comply with regulation 74(2);
“label” means any document, certificate or attestation confirming that the works, products,
services, processes or procedures in question meet certain requirements;
“label requirements” means the requirements to be met by the works, products, services,
processes or procedures in question in order to obtain the label concerned;
“legal person” means a person, whether governed by private law or public law, other than a
natural person;
“life cycle” means all stages which are consecutive or interlinked, including research and
development to be carried out, production, trading and its conditions, transport, use and
maintenance, throughout the existence of the product or the works or the provision of the
service, from raw material acquisition or generation of resources to disposal, clearance and
end of service or utilisation;
“national standard” means a standard adopted by a national standardisation organisation and
made available to the general public;
“Official Journal” means the Official Journal of the European Union;
“periodic indicative notice” means the notice referred to in regulation 67, or where relevant,
91(1)(b);
“procurement” means the acquisition by means of a works, supply or service contract of works,
supplies or services by one or more utilities from economic operators chosen by those utilities,
provided that the works, supplies or services are intended for the pursuit of one of the activities
referred to in regulations 9 to 15;
“procurement document” means any document produced or referred to by the utility to describe
or determine elements of the procurement or the procedure, including the contract notice, the
periodic indicative notice or the notices on the existence of a qualification system where they
are used as a means of calling for competition, the technical specifications, the descriptive
document, proposed conditions of contract, formats for the presentation of documents by
candidates and tenderers, information on generally applicable obligations and any additional
documents;
“Public Contracts Regulations” means the Public Contracts Regulations 2015 F11;
[F12“qualified certificate for electronic signature” has the meaning given in Article 3(15) of
Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic
identification and trust services for electronic transactions in the internal market; ]
“selection criteria”, means, except in regulation 96, selection criteria set out by the utility in
accordance with regulations 78 or 80, or both;
“service contracts” means contracts which have as their object the provision of services other
than those referred to in the definition of “works contracts”;
“standard” means a technical specification, adopted by a recognised standardisation body, for
repeated or continuous application, with which compliance is not compulsory;
“supply contracts” means contracts which have as their object the purchase, lease, rental or
hire-purchase, with or without an option to buy, of products, whether or not the contract also
includes, as an incidental matter, siting and installation operations;
“technical specifications” has the meaning given by regulation 60(3);
“tenderer” means an economic operator that has submitted a tender;
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“TFEU” means the Treaty on the Functioning of the European Union F13;
“the Treaties” means the Treaty on the European Union F14 and TFEU;
“Utilities Contracts Directive” means Directive 2014/25/EU of the European Parliament and
of the Council F15;
“utilities” except as provided for in regulation 122(10), has the meaning given to it by
regulation 5;
“VAT” means value added tax;
“a work” means the outcome of building or civil engineering works taken as a whole which is
sufficient in itself to fulfil an economic or technical function; but “works” is to be interpreted
in accordance with paragraph (2);
“working day” means a day other than a Saturday, Sunday, Christmas Day, Good Friday or
bank holiday within the meaning of the Banking and Financial Dealings Act 1971 F16;
“works contracts” means contracts which have as their object any of the following—
(d) the execution, or both the design and execution, of works related to one of the activities
specified in Schedule 1;
(e) the execution, or both the design and execution, of a work;
(f) the realisation by whatever means of a work corresponding to the requirements specified
by the utility exercising decisive influence on the type or design of the work; and
“written” or “in writing” means any expression consisting of words or figures which can
be read, reproduced and subsequently communicated, including information transmitted and
stored by electronic means.
(2)  Except in Part 5 any other expression used both in these Regulations and in the Utilities
Contracts Directive has the meaning that it bears in that Directive.
(3)  In these Regulations (except regulation 72(4)), any reference to a period of time, however
expressed, is to be interpreted subject to the following requirements—
(a)the period must include at least 2 working days; and
(b)where the period is to be calculated from the moment at which an action takes place or
other event occurs, the day during which that action takes place or that event occurs is not
be counted in the calculation of that period.
(4)  In these Regulations (except regulation 72(4)), any reference to a period of time, however
expressed, is to be interpreted subject to the requirement that where the period—
(a)is to be calculated by counting forwards in time from a given date or event, and
(b)would (but for this paragraph) have ended on a day which is not a working day,
the period is to end at the end of the next working day.
F4 OJ No L 340, 16.12.2002, p1. last amended by Commission Regulation (EC) No 596/2009 of the
European Parliament and of the Council (OJ No L 188, 18.7.2009, p14).
F5 S.I. 2011/1848, amended by S.S.I. 2011/2053, 2013/1431, 2015/102.
F6 2010 c.15 .
F7 Words in reg. 2(1) inserted (22.7.2016) by The Electronic Identification and Trust Services for
Electronic Transactions Regulations 2016 (S.I. 2016/696), reg. 1 , Sch. 3 para. 20(2)(a)
F8 Words in reg. 2(1) inserted (22.7.2016) by The Electronic Identification and Trust Services for
Electronic Transactions Regulations 2016 (S.I. 2016/696), reg. 1 , Sch. 3 para. 20(2)(b)
F9 All the substantive provisions of the Agreement were substituted by the Protocol which was approved,
on behalf of the EU, by Council Decision 2014/115/EU of 2nd December 2013 (OJ No L 68, 7.3.2014,
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p1), to which the text of the Protocol is attached (at OJ No L 68, 7.3.2014, p2). In accordance with
Article 3 of the Protocol, the Protocol has entered into force in the EU.
F10 The Europe 2020 strategy can be found on the European Commission website at http://ec.europa.eu/
europe2020 or can be obtained from the Crown Commercial Service, Rosebery Court, St Andrews
Business Park, Norwich, NR7 0HS.
F11S.I. 2015/102 , as amended by S.I. 2016/275
F12 Words in reg. 2(1) inserted (22.7.2016) by The Electronic Identification and Trust Services for
Electronic Transactions Regulations 2016 (S.I. 2016/696), reg. 1 , Sch. 3 para. 20(2)(c)
F13 OJ No C 115, 9.5.2008, p47.
F14 OJ No C 115, 9.5.2008, p13.
F15 OJ No L 94, 28.3.2014, p243.
F16 1971 c.80
Subject-matter and scope
3.—(1)  Parts 1 to 4 establish rules on the procedures for procurement by utilities with respect
to contracts and design contests which—
(a)have a value estimated to be not less than the threshold mentioned in regulation 16, and
(b)are not excluded from the scope of Parts 1 to 4 by any other provision in Chapters 2 and
3 of this Part.
(2)  Parts 1 to 4 are subject to Article 346 of TFEU.
(3)  The scope of Parts 1 to 4 does not include non-economic services of general interest.
Contracting authorities
4.—(1)  In these Regulations, “contracting authorities” means State, regional or local authorities
(including the Crown, but not including Her Majesty in her private capacity), bodies governed by
public law or associations formed by one or more such authorities or one or more such bodies
governed by public law.
(2)  “Bodies governed by public law” means any bodies that have all of the following
characteristics—
(a)they are established for the specific purpose of meeting needs in the general interest, not
having an industrial or commercial character;
(b)they have legal personality; and
(c)they have any of the following characteristics—
(i)they are financed, for the most part, by the State, regional or local authorities, or by
other bodies governed by public law;
(ii)they are subject to management supervision by those authorities or bodies; or
(iii)they have an administrative, managerial or supervisory board, more than half of
whose members are appointed by the State, regional or local authorities, or by other
bodies governed by public law.
Utilities
5.—(1)  For the purpose of these Regulations, utilities are entities which—
(a)are contracting authorities or public undertakings and which pursue one of the activities
referred to in regulations 9 to 15;
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(b)are not contracting authorities or public undertakings, but whose activities include an
activity referred to in regulations 9 to 15 and operate on the basis of special or exclusive
rights granted by a competent authority.
Public undertaking
(2)  In this regulation, “public undertaking” means any undertaking over which contracting
authorities may exercise directly or indirectly a dominant influence by virtue of—
(a)their ownership of that undertaking;
(b)their financial participation in that undertaking; or
(c)the rules which govern that undertaking.
(3)  For the purposes of paragraph (2), a dominant influence on the part of contracting authorities
is presumed in any of the following cases in which those authorities, directly or indirectly—
(a)hold the majority of the undertaking's subscribed capital;
(b)control the majority of the votes attaching to shares issued by the undertaking;
(c)can appoint more than half of the undertaking's administrative, management or supervisory
body.
Special or exclusive rights
(4)  In this regulation, “special or exclusive rights” mean rights granted by a competent authority
by way of any legislative, regulatory or administrative provision, the effect of which is to limit the
exercise of activities referred to in regulations 9 to 15 to one or more utilities, and which substantially
affects the ability of other entities to carry out such activity.
(5)  For the purposes of paragraph (4), rights which have been granted by means of a procedure
in which—
(a)adequate publicity has been ensured; and
(b)where the granting of those rights was based on objective criteria
shall not constitute “special or exclusive rights”.
(6)  The procedures referred to in paragraph (5) include—
(a)procurement procedures with a prior call for competition in accordance with—
(i)these Regulations;
(ii)the Public Contracts Regulations;
(iii)the Concessions Contracts Regulations 2016 F17; or
(iv)the Defence and Security Regulations;
(b)procedures pursuant to other legal acts of the EU listed in Annex II of the Utilities
Contracts Directive as amended from time to time, ensuring adequate prior transparency
for granting authorisations on the basis of objective criteria.
F17 S.I. 2016/273
Mixed procurement covering the same activity
6.—(1)  In the case of mixed contracts which have as their subject-matter different types of
procurement all of which are covered by these Regulations—
(a)contracts which have as their subject-matter two or more types of procurement (works,
services or supplies) shall be awarded in accordance with the provisions applicable to the
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type of procurement that characterises the main subject-matter of the contract in question;
and
(b)in the case of—
(i)mixed contracts consisting partly of services to which Chapter 1 of Part 3 applies
and partly of other services, or
(ii)mixed contracts consisting partly of services and partly of supplies,
the main subject-matter shall be determined according to which of the estimated values of
the respective services, or of the respective services and supplies is the highest.
(2)  In the case of contracts which have as their subject-matter procurement covered by these
Regulations and procurement not covered by these Regulations—
(a)where the different parts of a given contract are objectively separable—
(i)utilities may choose to award separate contracts for the separate parts or to award
a single contract;
(ii)where utilities choose to award separate contracts for the separate parts, the decision
as to which legal regime applies to any one of such separate contracts shall be taken
on the basis of the characteristics of the separate part concerned; and
(iii)where utilities choose to award a single contract, these Regulations apply to the
ensuing mixed contract, irrespective of—
(aa)the value of the parts that would otherwise fall under a different legal
regime, and
(bb) which legal regime those parts would otherwise have been subject to;
(iv)where the decision is taken to award a single contract then that mixed contract will,
where it contains elements of supply, works and service contracts and of concessions,
be awarded in accordance with these Regulations, provided that the estimated value
of the part of the contract which constitutes a contract covered by these Regulations,
calculated in accordance with regulation 17, is equal to or greater than the relevant
threshold mentioned in regulation 16.
(b)where the different parts of a given contract are objectively not separable, the applicable
legal regime shall be determined on the basis of the main subject-matter of that contract;
(3)  But where part of a given contract is covered by Article 346 of TFEU or the Defence and
Security Regulations, regulation 25 applies instead of paragraph (1) or (2).
Procurement covering several activities
7.—(1)  In the case of contracts intended to cover several activities, utilities may choose to award
separate contracts for the purposes of each separate activity or to award a single contract.
(2)  Where utilities choose to award separate contracts, the decision as to which rules apply to
any one of such separate contracts shall be taken on the basis of the characteristics of the separate
activity concerned.
(3)  Despite regulation 6 and subject to paragraph (5), where utilities choose to award a single
contract paragraphs (6) and (7) apply.
(4)  But where one of the activities concerned is covered by the Defence and Security Regulations
or Article 346 of TFEU, regulation 26 applies instead of paragraphs (6) and (7).
(5)  The choice between awarding a single contract or awarding a number of separate contracts
shall not be made with the objective of excluding the contract or contracts from the scope of these
Regulations or, where applicable, the Public Contracts Regulations or the Concession Contracts
Regulations 2016.
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(6)  A contract which is intended to cover several activities shall be subject to the rules applicable
to the activity for which it is principally intended.
(7)  In the case of contracts where it is objectively impossible to determine for which activity
the contract is principally intended, the applicable rules shall be determined in accordance with the
following—
(a)the contract shall be awarded in accordance with the Public Contracts Regulations, if one
of the activities for which the contract is intended is subject to these Regulations and the
other to the Public Contracts Regulations;
(b)the contract shall be awarded in accordance with these Regulations, if one of the activities
for which the contract is intended is subject to these Regulations and the other to the
Concessions Contracts Regulations 2016;
(c)the contract shall be awarded in accordance with these Regulations, if one of the activities
for which the contract is intended is subject to these Regulations and the other is not subject
to either these Regulations, the Public Contracts Regulations or the Concessions Contracts
Regulations 2016.
CHAPTER 2
ACTIVITIES
Common Provisions
8.—(1)  For the purposes of regulations 9, 10 and 11, “supply” includes generation, production,
wholesale or retail sale.
(2)  But production of gas in the form of extraction falls within the scope of regulation 15.
Gas and heat
9.—(1)  In the case of gas and heat, these Regulations apply to the following activities—
(a)the provision or operation of fixed networks intended to provide a service to the public in
connection with the production, transport or distribution of gas or heat;
(b)the supply of gas or heat to such networks.
(2)  The supply by a utility, other than one which is a contracting authority, of gas or heat to fixed
networks which provide a service to the public shall not be considered a relevant activity within the
meaning of paragraph (1) where both of the following conditions are met—
(a)the production of gas or heat by that utility is the unavoidable consequence of carrying out
an activity other than one referred to in paragraph (1) or in regulations 10 to 12;
(b)the supply to the public network is aimed only at the economic exploitation of such
production and amount to not more than 20% of the utility's turnover, on the basis of the
average for the preceding 3 years, including the current year.
Electricity
10.—(1)  In the case of electricity, these Regulations apply to the following activities—
(a)the provision or operation of fixed networks intended to provide a service to the public in
connection with the production, transport or distribution of electricity;
(b)the supply of electricity to such networks.
(2)  The supply by a utility, other than one which is a contracting authority, of electricity to fixed
networks which provide a service to the public shall not be considered a relevant activity within the
meaning of paragraph (1) where both of the following conditions are met—
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(a)the production of electricity by that utility takes place because its consumption is necessary
for carrying out an activity other than one referred to in paragraph (1) or regulations 9,
11 and 12;
(b)the supply to the public network depends only on that utility's own consumption and has
not exceeded 30% of that utility's total production of energy, on the basis of the average
for the preceding 3 years, including the current year.
Water
11.—(1)  In the case of water, these Regulations apply to the following activities—
(a)the provision or operation of fixed networks intended to provide a service to the public in
connection with the production, transport or distribution of drinking water;
(b)the supply of drinking water to such networks.
(2)  These Regulations also apply to contracts or design contests awarded or organised by utilities
which pursue an activity referred to in paragraph (1) and which are connected with one of the
following—
(a)hydraulic engineering projects, irrigation or land drainage, provided that the volume of
water to be used for the supply of drinking water represents more than 20% of the total
volume of water made available by such projects or irrigation or drainage installations;
(b)the disposal of treatment sewage.
(3)  The supply by a utility, other than one which is a contracting authority, of drinking water
to fixed networks which provide a service to the public shall not be considered a relevant activity
within the meaning of paragraph (1) where both of the following conditions are met—
(a)the production of drinking water by that utility takes place because its consumption is
necessary for carrying out an activity other than one referred to in paragraph (1) and
regulations 9 to 12;
(b)the supply to the public network depends only on that utility's own consumption and has
not exceeded 30% of that utility's total production of drinking water, on the basis of the
average for the preceding three years, including the current year.
Transport services
12.—(1)  These Regulations apply to activities relating to the provision or operation of networks
providing a service to the public in the field of transport by—
(a)railway;
(b)automated systems;
(c)tramway;
(d)trolley bus;
(e)bus; or
(f)cable
(2)  For the purposes of paragraph (1), a network shall be considered to exist where the service is
provided under operating conditions laid down by a competent authority, such as—
(a)conditions on the routes to be served;
(b)the capacity to be made available; or
(c)the frequency of the service.
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Ports and airports
13.These Regulations apply to activities relating to the exploitation of a geographical area for
the purpose of the provision of airports or maritime or inland ports or other terminal facilities to
carriers by air, sea or inland waterway.
Postal services
14.—(1)  These Regulations apply to activities relating to the provision of—
(a)postal services;
(b)services other than postal services, on condition that such services are provided by an entity
which also provides postal services that are not directly exposed to competition within the
meaning of regulation 34(2).
(2)  In this regulation—
“postal item” means an item addressed in the final form in which it is to be carried, irrespective
of weight, which includes—
(a) correspondence;
(b) books;
(c) catalogues;
(d) newspapers;
(e) periodicals, and
(f) postal packages containing merchandise with or without commercial value;
“postal services” means services consisting of the clearance, sorting, routing and delivery of
postal items, including both services falling within as well as services falling outside the scope
of the universal service set up in accordance with the Postal Services Act 2011 F18;
“services other than postal services” means services provided in the following areas—
(g) mail service management services (services both preceding and subsequent to despatch,
including mailroom management services);
(h) services concerning items for posting not included in the definition of “postal item” in
this paragraph, such as direct mail bearing no address.
F18 2011 c.5.
Extraction of oil and gas and exploration for, or extraction of, coal or other solid fuels
15.These Regulations apply to activities relating to the exploitation of a geographical area for
the purpose of—
(a)extracting oil or gas;
(b)exploring for or extracting coal or other solid fuels.
CHAPTER 3
MATERIAL SCOPE
SECTION 1
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Thresholds
Threshold amounts
16.—(1)  These Regulations apply to procurements with a value net of VAT estimated to be equal
to or greater than the following thresholds—
(a)for supply and service contracts and design contests, the sum specified in Article 15(a) of
the Utilities Contracts Directive;
(b)for works contracts, the sum specified in Article 15(b) of the Utilities Contracts Directive;
(c)for contracts for social and other specific services listed in Schedule 2, the sum specified
in Article 15(c) of the Utilities Contracts Directive.
(2)  The thresholds referred to in paragraph (1) do not apply to procurements excluded by
regulations 18 to 23 or regulation 34.
(3)  References in paragraph (1) to the Utilities Contracts Directive are references to that Directive
as amended from time to time.
(4)  The value in pounds sterling of any amount expressed in euro in any of the provisions of the
Utilities Contracts Directive mentioned in paragraph (1) shall be taken to be the value for the time
being determined by the Commission for the purpose of that provision and published from time to
time in the Official Journal in accordance with Article 17 of the Utilities Contracts Directive.
Methods for calculating the estimated value of the procurement
General rules
17.—(1)  The calculation of the estimated value of the procurement shall be based on the total
amount payable, net of VAT, as estimated by the utility, including any form of option and any
renewals of the contracts as explicitly set out in the procurement documents.
(2)  Where the utility provides for prizes or payments to candidates or tenderers it shall take them
into account when calculating the estimated value of the procurement.
(3)  Where a utility is comprised of separate operational units, account shall be taken of the total
estimated value for all those units.
(4)  But where a separate operational unit is independently responsible for its procurement, or
certain categories of its procurement, the values may be estimated at the level of the unit in question.
(5)  The choice of the method used to calculate the estimated value of a procurement shall not be
made with the intention of excluding it from the scope of these Regulations.
(6)  A procurement shall not be subdivided with the effect of preventing it from falling within the
scope of these Regulations, unless justified by objective reasons.
(7)  The estimated value shall be calculated as at the moment at which the call for competition is
sent or, in cases where such call for competition is not foreseen, at the moment at which the utility
commences the procurement procedure (for example, where appropriate, by contacting economic
operators in relation to the procurement).
(8)  In the case of framework agreements and dynamic purchasing systems, the value to be taken
into consideration shall be the maximum estimated value, net of VAT, of all the contracts envisaged
for the total term of the framework agreement or the dynamic purchasing system.
(9)  In the case of innovation partnerships, the value to be taken into consideration shall be the
maximum estimated value, net of VAT, of the research and development activities to take place
during all stages of the envisaged partnership as well as of the supplies, services or works to be
developed and procured at the end of the envisaged partnership.
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(10)  In the case of public works contracts, utilities shall include in the estimated value of a works
contract both the cost of the works and the total estimated value of any supplies or services that are
made available to the contractor by the utilities provided that they are necessary for the execution
of the works.
Treatment of Lots
(11)  Where a proposed work or a proposed provision of services may result in contracts being
awarded in the form of separate lots, account shall be taken of the total estimated value of all such
lots.
(12)  Where a proposal for the acquisition of similar supplies may result in contracts being
awarded in the form of separate lots, account shall be taken of the total estimated value of all such
lots when applying regulation 16(1)(b) and (c).
(13)  For the purposes of paragraphs (11) and (12), where the aggregate value of the lots is equal
to or greater than the relevant threshold mentioned in regulation 16, these Regulations apply to the
awarding of each lot.
(14)  Despite paragraphs (11) to (13), utilities may, subject to paragraph (15), award contracts for
individual lots without applying the procedures provided for in these Regulations, but only if the
estimated value net of VAT of the lot concerned is less than—
(a)EUR 80,000 for supplies or services; or
(b)EUR 1 million for works.
(15)  The aggregate value of the lots awarded in reliance on paragraph (14) shall not exceed 20%
of the aggregate value of all the lots into which the proposed work, the proposed acquisition of
similar supplies or the proposed provision of services, has been divided.
Other specific rules
(16)  In the case of supply or service contracts which are regular in nature or which are intended
to be renewed within a given period, the calculation of the estimated contract value shall be based
on either of the following—
(a)the total actual value of the successive contracts of the same type awarded during the
preceding 12 months or financial year adjusted, where possible, to take account of the
changes in quantity or value which would occur in the course of the 12 months following
the initial contract;
(b)the total estimated value of the successive contracts awarded during the 12 months
following the first delivery, or during the financial year where that is longer than 12
months.
(17)  In the case of supply contracts relating to the leasing, hire, rental or hire purchase of products,
the value to be taken as a basis for calculating the estimated contract value shall be as follows—
(a)in the case of fixed-term contracts, where that term is less than or equal to 12 months,
the total estimated value for the term of the contract or, where the term of the contract is
greater than 12 months, the total value including the estimated residual value;
(b)in the case of contracts without a fixed term or contracts the term of which cannot be
defined, the monthly value multiplied by 48.
(18)  In the case of service contracts, the basis for calculating the estimated contract value shall,
where appropriate, be the following:—
(a)in the case of insurance services, the premium payable and other forms of remuneration;
(b)in the case of banking and other financial services, the fees, commissions payable, interest
and other forms of remuneration;
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(c)in the case of design contracts, fees, commissions payable and other forms of
remuneration.
(19)  In the case of service contracts which do not indicate a total price, the basis for calculating
the estimated contract value shall be the following—
(a)in the case of fixed-term contracts where that term is less than or equal to 48 months, the
total value for their full term;
(b)in the case of contracts without a fixed term or with a term greater than 48 months, the
monthly value multiplied by 48.
SECTION 2
Excluded contracts and design contests; special provisions
for procurement involving defence and security aspects
SUB-SECTION 1 Exclusions applicable to all utilities and special exclusions for the water and
energy sectors
Contracts awarded for the purpose of resale or lease to third parties
18.—(1)  Subject to paragraph (3), these Regulations do not apply to contracts awarded for
purposes of resale or lease to third parties, provided that the utility enjoys no special or exclusive
right to sell or lease the subject-matter of such contracts, and other entities are free to sell or lease
it under the same conditions as the utility.
(2)  Utilities shall notify the Commission, if so requested, of all the categories of products or
activities which they regard as excluded under paragraph (1).
(3)  Paragraph (1) does not apply to procurement carried out by a central purchasing body in order
to perform centralised purchasing activities.
Contracts and design contests awarded or organised for purposes other than the pursuit of a
covered activity or for the pursuit of such an activity in a third country
19.—(1)  These Regulations do not apply to contracts awarded or design contests organised by
utilities—
(a)for purposes other than the pursuit of their activities as described in regulations 9 to 15; or
(b)for the pursuit of such activities in a third country, in conditions not involving the physical
use of a network or geographical area within the EU.
(2)  Utilities shall notify the Commission, if so requested, of any activities which they regard as
excluded under paragraph (1).
Contracts awarded and design contests organised pursuant to international rules
20.—(1)  These Regulations do not apply to contracts or design contests which the utility is
obliged to award or organise in accordance with procurement procedures which are different from
those laid down in these Regulations and are established by any of the following—
(a)a legal instrument creating international law obligations, such as an international
agreement, concluded in accordance with the Treaties, between a member State and one or
more third countries (or subdivisions of such countries) and covering works, supplies or
services intended for the joint implementation or exploitation of a project by its signatories;
(b)an international organisation.
(2)  These Regulations do not apply to contracts, or design contests, which the utility awards
or organises in accordance with procurement rules provided by an international organisation or
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international financing institution where the contracts or design contests concerned are fully financed
by that organisation or institution.
(3)  In the case of contracts or design contests co-financed for the most part by an international
organisation or international financing institution, the parties shall agree on applicable procurement
procedures.
(4)  In the case of contracts and design contests involving defence or security aspects which are
awarded or organised pursuant to international rules, regulation 27 applies instead of paragraphs (1)
to (3) of this regulation.
Specific exclusions for service contracts
21.—(1)  These Regulations do not apply to service contracts—
(a)for the acquisition or rental, by whatever financial means, of land, existing buildings or
other immovable property or which concern interests in or rights over any of them;
(b)for arbitration or conciliation services;
(c)for any of the following legal services—
(i)legal representation of a client by a lawyer within the meaning of Article 1 of Council
Directive 77/249/EECF19, as amended from time to time, in:—
(aa)an arbitration or conciliation held in a member State, a third country or
before an international arbitration or conciliation instance, or
(bb) judicial proceedings before the courts, tribunals or public authorities of a
member State or a third country or before international courts, tribunals or
institutions;
(ii)legal advice given—
(aa)in preparation of any of the proceedings referred to in paragraph (i), or
(bb) where there is a tangible indication and high probability that the matter to
which the advice relates will become the subject of such proceedings,
provided that the advice is given by a lawyer within the meaning of Article 1 of
Council Directive 77/249/EEC  as amended from time to time;
(iii)document certification and authentication services which must be provided by
notaries;
(iv)legal services provided by trustees or appointed guardians or other legal services
the providers of which are designated by a court or tribunal in the member State
concerned or are designated by law to carry out specific tasks under the supervision
of such tribunals or courts;
(v)other legal services which in the member State concerned are connected, even
occasionally, with the exercise of official authority;
(d)for—
(i)financial services in connection with the issue, sale, purchase or transfer of securities
or other financial instruments within the meaning of Directive 2004/39/EC  of the
European Parliament and of the Council F20 as amended from time to time, or
(ii)operations conducted with the European Financial Stability Facility and the
European Stability Mechanism;
(e)for loans, whether or not in connection with the issue, sale, purchase or transfer of
securities or other financial instruments;
(f)which are employment contracts;
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(g)for public passenger transport services by rail or metro;
(h)for civil defence, civil protection, and danger prevention that are provided
by non-profit organisations or associations, and which are covered by CPV
codes 75250000-3, 75251000-0, 75251100-1, 75251110-4, 75251120-7, 75252000-7,
75222000-8, 98113100-9 and 85143000-3 except patient transport ambulance services; or
(i)for broadcasting time or programme provision that are awarded to audiovisual or radio
media service providers.
(2)  In this regulation—
(a)“media service providers” has the meaning given by Article 1(1)(d) of Directive 2010/13/
EU of the European Parliament and of the Council F21 as amended from time to time;
(b)“programme” has the meaning given by Article 1(1)(b) of that Directive as amended from
time to time, but also includes radio programmes and radio programme materials; and
(c)“programme material” has the same meaning as “programme”.
F19 OJ No L 78, 26.3.1977, p17, last amended by Council Directive 2013/25/EU (OJ No L 158, 10.6.2013,
p368).
F20 OJ No L 145, 30.04.2004, p1, last amended by Directive 2010/78/EU of the European Parliament and
of the Council (OJ No L 331, 15.12.2010, p120).
F21 OJ No L 95, 15.4.2010, p1.
Service contracts awarded on the basis of an exclusive right
22.These Regulations do not apply to service contracts awarded to a contracting authority or to
an association of contracting authorities on the basis of an exclusive right which they enjoy pursuant
to a law, regulation or published administrative provision which is compatible with TFEU.
Contracts awarded by certain utilities for the purchase of water and for the supply of energy
or of fuels for the production of energy
23.These Regulations do not apply to contracts—
(a)for the purchase of water if awarded by utilities engaged in one or both of the activities
relating to drinking water referred to in regulation 11(1);
(b)awarded by utilities which are active in the energy sector by engaging in an activity referred
to in regulation 9(1), regulation 10(1) or regulation 15 for the supply of—
(i)energy; or
(ii)fuels for the production of energy.
SUB-SECTION 2 Procurement involving defence and security aspects
Defence and security
24.—(1)  These Regulations do not apply to—
(a)contracts falling within the scope of the Defence and Security Regulations;
(b)contracts to which those Regulations do not apply by virtue of regulations 7 or 9 of those
Regulations.
(2)  These Regulations do not apply to contracts and design contests not otherwise exempted by
paragraph (1) to the extent that—
(a)the protection of the essential security interests of the United Kingdom or another
member State cannot be guaranteed by less intrusive measures, for example, by imposing
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requirements aimed at protecting the confidential nature of information which the utility
makes available in a contract award procedure as provided for in these Regulations; or
(b)the application of these Regulations would oblige the United Kingdom to supply
information the disclosure of which it considers contrary to the essential interests of its
security.
(3)  Where the procurement and performance of the contract or design contest are classified as
secret or must be accompanied by special security measures in accordance with the laws, regulations
or administrative provisions in force in any part of the United Kingdom, these Regulations do not
apply provided that the United Kingdom has determined that the essential interests concerned cannot
be guaranteed by less intrusive measures, such as those referred to in paragraph (2)(a).
Mixed procurement covering the same activity and involving defence or security aspects
25.—(1)  This regulation applies in the case of mixed contracts covering the same activity, which
have as their subject-matter procurement covered by these Regulations and procurement or other
elements covered by Article 346 of TFEU or the Defence and Security Regulations.
(2)  Where the different parts of a given contract are objectively separable, utilities may choose
to award separate contracts for the separate parts or to award a single contract.
(3)  The decision to award a single contract shall not, however, be taken for the purpose of
excluding contracts from the application of either these Regulations or the Defence and Security
Regulations.
(4)  Where utilities choose to award separate contracts for separate parts, the decision of which
legal regime applies to any one of such separate contracts shall be taken on the basis of the
characteristics of the separate part concerned.
(5)  Where utilities choose to award a single contract, the following criteria apply to determine
the applicable legal regime—
(a)where part of a given contract is covered by Article 346 of TFEU, the contract may be
awarded without applying these Regulations, provided that the award of a single contract
is justified by objective reasons;
(b)where part of a given contract is covered by the Defence and Security Regulations, the
contract may be awarded in accordance with those Regulations provided that the award of
a single contract is justified for objective reasons.
(6)  Paragraph (5)(b) is without prejudice to the thresholds and exclusions for which the Defence
and Security Regulations provide.
(7)  Paragraph (5)(a) applies to mixed contracts to which both paragraphs (5)(a) and (b) could
otherwise apply.
(8)  Where the different parts of a given contract are objectively not separable, the contract
may be awarded without applying these Regulations where it includes elements to which Article
346 of TFEU applies; otherwise it may be awarded in accordance with the Defence and Security
Regulations.
Procurement covering several activities and involving defence or security aspects
26.—(1)  This regulation applies in the case of contracts intended to cover several activities where
one of those activities involves defence or security aspects.
(2)  Utilities may choose to award separate contracts for the purposes of each separate activity
or to award a single contract.
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(3)  Where utilities choose to award separate contracts for separate activities, the decision of
which legal regime applies to any one of such separate contracts shall be taken on the basis of the
characteristics of the separate activity concerned.
(4)  The choice between awarding a single contract and awarding a number of separate contracts
shall not be made with the objective of excluding the contract or contracts from the scope of these
Regulations or the Defence and Security Regulations.
(5)  Where utilities choose to award a single contract, the following shall apply—
(a)in the case of a contract intended to cover an activity which is covered by these Regulations
and another which is covered by the Defence and Security Regulations, the utility may
award the contract in accordance with the Defence and Security Regulations.
(b)in the case of a contracts intended to cover an activity which is covered by these
Regulations and another which is covered by Article 346 of TFEU, the utility may award
the contract without applying these Regulations.
(6)  Paragraph (5)(a) is without prejudice to the thresholds and exclusions for which the Defence
and Security Regulations provide.
(7)  Contracts referred to in paragraph (5)(a), which also includes procurement or other elements
which are covered by Article 346 of TFEU may be awarded without applying these Regulations.
(8)  Paragraphs (5) to (7) apply provided that the award of a single contract is justified by objective
reasons and the decision to award a single contract is not taken for the purpose of excluding contracts
from the application of these Regulations.
Contracts and design contests involving defence or security aspects which are awarded or
organised pursuant to international rules
27.—(1)  These Regulations do not apply to contracts or design contests involving defence or
security aspects which the utility is obliged to award or organise in accordance with procurement
procedures which are different from those laid down in these Regulations and are established by
any of the following—
(a)an international agreement or arrangement, concluded in accordance with the Treaties,
between a member State and one or more third countries (or subdivisions of such
countries) and covering works, supplies or services intended for the joint implementation
or exploitation of a project by its signatories;
(b)an international agreement or arrangement relating to the stationing of troops and
concerning the undertakings of a member State or a third country;
(c)an international organisation.
(2)  These Regulations do not apply to contracts or design contests involving defence or security
aspects which the utility awards or organises in accordance with procurement rules provided by an
international organisation or international financing institution where the contracts or design contests
concerned are fully financed by that organisation or institution.
(3)  In the case of contracts or design contests co-financed for the most part by an international
organisation or international financing institution the parties shall agree on applicable procurement
procedures.
SUB-SECTION 3 Special relations (cooperation, affiliated undertakings and joint ventures)
Contracts between contracting authorities
Award of contracts to controlled persons
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28.—(1)  A contract awarded by a utility that is a contracting authority to a legal person falls
outside the scope of these Regulations where all of the following conditions are fulfilled—
(a)the contracting authority exercises over the legal person concerned a control which is
similar to that which it exercises over its own departments;
(b)more than 80% of the activities of the controlled legal person are carried out in the
performance of tasks entrusted to it by the controlling contracting authority or by other
legal persons controlled by that contracting authority; and
(c)there is no direct private capital participation in the controlled legal person with the
exception of non-controlling and non-blocking forms of private capital participation
required by national legislative provisions, in conformity with the Treaties, which do not
exert a decisive influence on the controlled legal person.
(2)  A contract also falls outside the scope of these Regulations where a controlled legal person
which is a contracting authority awards a contract to—
(a)its controlling contracting authority, or
(b)another legal person controlled by the same contracting authority,
provided that there is no direct private capital participation in the legal person being awarded
the contract with the exception of non-controlling and non-blocking forms of private capital
participation required by national legislative provisions in conformity with the Treaties, which do
not exert a decisive influence on the legal person being awarded the contract.
(3)  A contracting authority shall be deemed to exercise over a legal person a control similar to
that which it exercises over it own departments within the meaning of paragraph (1)(a) where—
(a)it exercises a decisive influence over both strategic objectives and significant decisions of
the controlled legal person; or
(b)the control is exercised by another legal person which is itself controlled in the same way
by the contracting authority,
and references to “control”, “controlled” and “controlling” in paragraphs (1) to (3) shall be
interpreted accordingly.
Award of contracts where there is joint control
(4)  A contracting authority which does not exercise over a legal person control within the meaning
of paragraph (3) may nevertheless award a contract to that legal person without applying these
Regulations where all of the following conditions are fulfilled—
(a)the contracting authority exercises jointly with other contracting authorities a control over
that legal person which is similar to that which they exercise over their own departments;
(b)more than 80% of the activities of that legal person are carried out in the performance of
tasks entrusted to it by the controlling contracting authorities or by other legal persons
controlled by the same contracting authorities; and
(c)there is no direct private capital participation in the controlled legal person with the
exception of non-controlling and non-blocking forms of private capital participation
required by national legislative provisions, in conformity with the Treaties, which do not
exert a decisive influence on the controlled legal person.
(5)  For the purposes of paragraph (4)(a), contracting authorities shall be deemed to exercise joint
control over a legal person where all of the following conditions are fulfilled—
(a)the decision-making bodies of the controlled legal person are composed of representatives
of all participating contracting authorities;
(b)those contracting authorities are able to jointly exert decisive influence over the strategic
objectives and significant decisions of the controlled legal person; and
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(c)the controlled legal person does not pursue any interests which are contrary to those of
the controlling contracting authorities.
(6)  For the purposes of paragraph (5)(a), individual representatives may represent several or all
of the participating contracting authorities.
Contracts which establish or implement co-operation between contracting authorities
(7)  A contract concluded exclusively between two or more contracting authorities falls outside
the scope of these Regulations where all of the following conditions are fulfilled—
(a)the contract establishes or implements a co-operation between the participating contracting
authorities with the aim of ensuring that public services they have to perform are provided
with a view to achieving objectives they have in common;
(b)the implementation of that co-operation is governed solely by considerations relating to
the public interest; and
(c)the participating contracting authorities perform on the open market less than 20% of the
activities concerned by the cooperation.
Determination of percentages
(8)  For the determination of the percentage of activities referred to in paragraph (1)(b), (4)(b)
and (7)(c), the average total turnover, or an appropriate alternative activity-based measure such as
costs incurred by the relevant legal person or contracting authority with respect to services, supplies
and works for the 3 years preceding the contract award shall be taken into consideration.
(9)  Where, because of—
(a)the date on which the relevant legal person was created or commenced activities, or
(b)a reorganisation of its activities
the turnover, or alternative activity-based measure such as costs, are either not available for the
preceding three years or no longer relevant, it shall be sufficient to show that the measurement of
activity is credible, particularly by means of business projections.
Contracts awarded to an affiliated undertaking
29.—(1)  These Regulations do not apply to contracts awarded—
(a)by a utility to an affiliated undertaking; or
(b)by a joint venture, formed exclusively by a number of utilities for the purpose of carrying
out activities described in regulations 9 to 15, to an affiliated undertaking of one of its
members,
provided that the conditions in paragraph (2) are fulfilled.
(2)  The conditions are that—
(a)in respect of service contracts, at least 80% of the average total turnover of the affiliated
undertaking over the preceding 3 years, taking into account all services provided by that
undertaking, derives from the provision of services to the utility or one or more of its
affiliated undertakings;
(b)in respect of supply contracts, at least 80% of the average total turnover of the affiliated
undertaking over the preceding 3 years, taking into account all supplies provided by that
undertaking, derives from the provision of supplies to the utility or one or more of its
affiliated undertakings;
(c)in respect of works contracts, at least 80% of the average total turnover of the affiliated
undertaking over the preceding 3 years, taking into account all works provided by that
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undertaking, derives from the provision of works to the utility or one or more of its
affiliated undertakings.
(3)  Where, because of the date on which an affiliated undertaking was created or commenced
activities, the turnover referred to in paragraph (2) is not available for the preceding 3 years, it shall
be sufficient for that undertaking to show that the turnover is credible, in particular by means of
business projections.
(4)  Where more than one undertaking affiliated with the utility with which they form an economic
group provides the same or similar services, supplies or works, the percentages referred to in
paragraph (2) shall be calculated taking into account the total turnover deriving respectively from
the provision of services, supplies or works by those affiliated undertakings.
(5)  In this regulation, “affiliated undertaking” and any similar expression means—
(a)any undertaking the annual accounts of which are consolidated with those of the utility
in accordance with the requirements of Directive 2013/34/EU of the European Parliament
and of the Council F22; and
(b)in the case of an undertaking which is not subject to that Directive, any undertaking that:—
(i)may be, directly or indirectly, subject to a dominant influence by the utility;
(ii)may exercise a dominant influence over the utility; or
(iii)in common with the utility, is subject to the dominant influence of another
undertaking by virtue of ownership, financial participation, or the rules which govern
it.
(6)  For the purposes of paragraph (5)(b), a “dominant influence” shall be presumed on the part of
a utility or, as the case may be, an undertaking, in the same circumstances in which it is, in accordance
with regulation 5(3), presumed on the part of a contracting authority.
(7)  This regulation applies despite the provisions of regulation 28.
F22 OJ No L 182, 29.6.2013, p19, last amended by Council Directive 2014/102/EU (OJ No L 334,
21.11.2014, p86).
Contracts awarded to a joint venture or to a utility forming part of a joint venture
30.—(1)  These Regulations do not apply to contracts awarded—
(a)by a joint venture, formed exclusively by a number of utilities for the purpose of carrying
out activities within the meaning of regulations 9 to 15, to one of those utilities; or
(b)by a utility to such a joint venture of which it forms part,
provided that the joint venture has been set up in order to carry out the activity concerned over a
period of at least 3 years and the instrument setting up the joint venture stipulates that the utilities
which form it will be part of the joint venture for at least the same period.
(2)  This regulation applies despite the provisions of regulation 28.
Notification of information
31.Utilities shall notify to the Commission, if it so requests, the following information—
(a)the names of the undertakings or joint ventures referred to in regulation 29 or 30;
(b)the nature and value of the contracts referred to in those regulations;
(c)proof, as considered necessary by the Commission, that the relationship between the
undertaking or joint venture, to which the contracts are awarded, and the utility complies
with the requirements of those regulations.
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SUB-SECTION 4 Specific situations
Research and development services
32.These Regulations apply to service contracts for research and development services which
are covered by CPV codes 73000000-2 to 73120000-9, 73300000-5, 73420000-2 and 73430000-5
only if—
(a)the benefits accrue exclusively to the utility for its use in the conduct of its own affairs; and
(b)the service provided is wholly remunerated by the utility.
Contracts subject to special arrangements
33.Without prejudice to regulation 34, a utility carrying out one or more of the activities referred
to in Commission Decision 97/367/ECF23 relating to the exploitation of geographical areas for the
purpose of extracting oil or gas in Northern Ireland shall—
(a)observe the principles of non-discrimination and competitive procurement in respect of
the award of supplies, works and service contracts, in particular as regards the information
which the utility makes available to economic operators concerning its procurement
intentions;
(b)in respect of a contract it awards whose value (determined in accordance with Regulations
17) exceeds EUR 5,000,000, send the following information to the Commission within
48 days of the award—
(i)the name and address of the utility;
(ii)the nature of the contract, namely whether it is a supply contract, a service contract
or a works contract and whether it is a framework agreement;
(iii)a clear indication of the nature (for example, by using the Classification of Products
by Activity F24 of the product, work or service provided);
(iv)whether the contract was advertised and, if so, in which newspaper or trade journal
and if not, the tendering procedure used;
(v)the number of tenders received;
(vi)the date of the award of the contract;
(vii) the name and address of the successful supplier or contractor;
(viii) the value of the contract;
(ix)the expected duration of the contract;
(x)any share of the contract which has been, or may be, sub-contracted, to which over
10% of the value of the consideration to be given under the contract is attributable;
(xi)the country of origin of the product or service;
(xii) the main award criteria chosen for identifying the most economically advantageous
tender;
(xiii) whether the contract was awarded to a bidder which submitted a variant from the
utility's initial specifications; and
(c)in respect of a contract it awards whose value (calculated in accordance with regulation 17)
equals or exceeds 400,000 euro but does not exceed 5,000,000 euro—
(i)retain in respect of each contract the information referred to in sub-paragraphs (b)(i)
to (ix) for not less than 4 years from the date on which the contract is awarded; and
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(ii)supply this information, either immediately upon request by the Commission, or not
later than 48 days after the end of the period of 3 months ending on the last day of
March, June, September or December in which the contract was awarded.
F23 OJ No L 156, 13.6.1997, p55.
F24 The Classification of Products by Activity is the official product classification by activity which is
used by the EU for statistical purposes.
SUB-SECTION 5 Activities directly exposed to competition and related procedural provisions
Activities directly exposed to competition
34.—(1)  These Regulations do not apply to contracts or design contests intended to enable an
activity mentioned in regulations 9 to 15 to be carried out where that activity is directly exposed to
competition on markets to which access is not restricted.
(2)  For the purposes of paragraph (1), the activity is directly exposed to competition on markets
to which access is not restricted only if—
(a)the activity is covered by the following Commission Decisions:—
(i)Commission Decision 2006/211/ECF25 (electricity generation in England, Scotland
and Wales);
(ii)Commission Decision 2007/141/ECF26 (supply of electricity and gas in England,
Scotland and Wales); and
(iii)Commission Decision 2010/192/EU F27 (exploration for and exploitation of oil and
gas in England, Scotland and Wales); or
(b)the procedure specified in regulation 35(1) is followed and regulation 35(2) applies.
(3)  The activity referred to in paragraph (1) may form a part of a larger sector or be exercised
only in certain parts of the United Kingdom.
F25 OJ No L 76, 15.3.2006, p6.
F26 OJ No L 62, 1.3.2007, p23.
F27 OJ No L 84, 31.3.2010, p52.
Procedure for establishing whether regulation 34(2)(b) is applicable
35.—(1)  The procedure referred to in regulation 34(2)(b) is as follows—
(a)the Minister for the Cabinet Office or a utility submits a request to the Commission, where
appropriate together with the position adopted by an independent national authority that is
competent in relation to the activity concerned, demonstrating that the activity in question
is directly exposed to competition on markets to which access is not restricted on the basis
of criteria that are in conformity with the provisions on competition of TFEU which may
include—
(i)the characteristics of the products or services concerned;
(ii)the existence of alternative products or services considered to be substitutable on the
supply side or demand side;
(iii)the prices; and
(iv)the actual or potential presence of more than one supplier of the products or provider
of the services in question;
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(b)the request specifies—
(i)all the relevant facts and in particular, any law, regulation, administrative provision
or agreement concerning compliance with the condition that the activity is directly
exposed to competition on markets to which access is not restricted;
(ii)whether the activity concerned is—
(aa)subject to the EU legislation listed in Annex III to the Utilities Contracts
Directive as amended from time to time, and where it is, the relevant
implementing legislation applied in the United Kingdom, or
(bb) if free access to a given market cannot be presumed on the basis of
subparagraph (aa), it must be demonstrated that access to the market in
question is free as a matter of fact and of law;
(2)  This paragraph applies if the Commission has—
(i)adopted an implementing act establishing that the activity is directly exposed to competition
on markets to which access is not restricted within the periods specified in Annex IV to the
Utilities Contracts Directive; or
(ii)subject to paragraph (5), not adopted the implementing act within the period provided for in
Annex IV to the Utilities Contracts Directive
(3)  The request referred to in paragraph (1) may concern activities which are part of a larger
sector or which are exercised in certain parts of the United Kingdom.
(4)  After the submission of a request, the Minister for the Cabinet Office or the utility may, with
the Commission's agreement, substantially modify its request, in particular as regards the activities
or the geographical area concerned.
(5)  Where a request has been modified, a new period for the adoption of the implementing act
shall be calculated in accordance with paragraph 1 of Annex IV to the Utilities Contracts Directive
unless a shorter period is agreed on by the Commission and the Minister for the Cabinet Office or
the utility which has submitted the request.
CHAPTER 4
General Principles
Principles of procurement
36.—(1)  Utilities shall treat economic operators equally and without discrimination and shall act
in a transparent and proportionate manner.
(2)  The design of the procurement shall not be made with the intention of excluding it from the
scope of these Regulations or of artificially narrowing competition.
(3)  For that purpose, competition shall be considered to be artificially narrowed where the
design of the procurement is made with the intention of unduly favouring or disadvantaging certain
economic operators.
Economic operators
37.—(1)  Economic operators that, under the law of the member State in which they are
established, are entitled to provide the relevant service, shall not be rejected solely on the ground
that, under the law of England and Wales or, as the case may be, Northern Ireland, they would be
required to be either natural or legal persons.
(2)  In the case of—
(a)service contracts,
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(b)works contracts, and
(c)supply contracts which cover in addition services or siting and installation operations,
legal persons may be required to indicate, in the tender or the request to participate, the names
and relevant professional qualifications of the staff to be responsible for the performance of the
contract in question.
Groups of economic operators
(3)  Groups of economic operators, including temporary associations, may participate in
procurement procedures and shall not be required by utilities to have a specific legal form in order
to submit a tender or a request to participate.
(4)  Where necessary, utilities may clarify in the procurement documents how groups of economic
operators are to meet the criteria and requirements for qualification and qualitative selection referred
to in regulations 77 to 81 provided that this is justified by objective reasons and is proportionate.
(5)  Any conditions for the performance of a contract by such groups of economic operators
which are different from those imposed on individual participants shall also be justified by objective
reasons and shall be proportionate.
(6)  Utilities may require groups of economic operators to assume a specific legal form once they
have been awarded the contract, to the extent that such a change is necessary for the satisfactory
performance of the contract.
Reserved contracts
38.—(1)  Utilities may—
(a)reserve the right to participate in procurement procedures to sheltered workshops and
economic operators whose main aim is the social and professional integration of disabled
or disadvantaged persons, or
(b)provide for such contracts to be performed in the context of sheltered employment
programmes
provided that at least 30% of the employees of those workshops, economic operators or programmes
are disabled or disadvantaged workers.
(2)  In such cases, the call for competition shall make reference to Article 38 of the Utilities
Contracts Directive.
Confidentiality
39.—(1)  A utility shall not disclose information which has been forwarded to it by an economic
operator and designated by that economic operator as confidential, including, but not limited to,
technical or trade secrets and the confidential aspects of tenders.
(2)  Paragraph (1) is without prejudice to—
(a)any other provision of these Regulations, such as the obligations relating to the advertising
of awarded contracts and to the information to candidates and tenderers set out in
regulations 70 and 75 respectively;
(b)the Freedom of Information Act 2000 F28;
(c)any other requirement, or permission, for the disclosure of information that is applicable
under the law of England and Wales or, as the case may be, Northern Ireland.
(3)  Utilities may impose on economic operators requirements aimed at protecting the confidential
nature of information which the utilities make available throughout the procurement procedure,
including information made available in connection with the operation of a qualification system,
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whether or not this has been the subject of a notice on the existence of a qualification system used
as a means of calling for competition.
F28 2000 c.36 .
Rules applicable to communication
General principles about the use of electronic and non-electronic means of communication
40.—(1)  Subject to paragraphs (3), (5), (8) and (10), all communication and information exchange
under these Regulations, including electronic submission, shall be performed using electronic means
of communication in accordance with the requirements of this regulation.
(2)  Subject to paragraph (13), the tools and devices to be used for communicating by electronic
means, and their technical characteristics, shall be non-discriminatory, generally available and
interoperable with the information and communication technology products in general use and shall
not restrict economic operators' access to the procurement procedure.
(3)  Utilities are not obliged to require electronic means of communication in the submission
process in the following situations—
(a)due to the specialised nature of the procurement, the use of electronic means of
communication would require specific tools, devices or file formats that are not generally
available or supported by generally available applications;
(b)the applications supporting file formats that are suitable for the description of the
tenders use file formats that cannot be handled by any other open or generally available
applications or are under a proprietary licensing scheme and cannot be made available for
downloading or remote use by the utility;
(c)the use of electronic means of communication would require specialised office equipment
that is not generally available to utilities; or
(d)the procurement documents require the submission of physical or scale models which
cannot be transmitted using electronic means.
(4)  Where, in accordance with paragraph (3), electronic means of communication are not used,
communication shall be carried out—
(a)by post or other suitable carrier, or
(b)by a combination of post or other suitable carrier and electronic means.
(5)  Utilities are not obliged to require electronic means of communication in the submission
process to the extent that the use of means of communication other than electronic means is necessary
either—
(a)because of a breach of security of the electronic means of communication, or
(b)for the protection of information of a particularly sensitive nature requiring such a high
level of protection that it cannot be properly ensured by using electronic tools and devices
that are either generally available to economic operators or can be made available to them
by alternative means of access within the meaning of paragraph (14).
(6)  Where utilities require, in accordance with paragraph (3), means of communication other
than electronic means in the submission process, they shall indicate in the documentation referred
to in regulation 99 the reasons for this requirement.
(7)  Where applicable, utilities shall indicate in that documentation the reasons why use of means
of communication other than electronic means has been considered necessary in accordance with
paragraph (5).
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(8)  Oral communication may be used in respect of communications other than those
concerning the essential elements of a procurement procedure, provided that the content of the oral
communication is documented to a sufficient degree.
(9)  For that purpose, the essential elements of the procurement procedure include the procurement
documents, requests to participate, confirmations of interest and tenders.
(10)  In particular, oral communications with tenderers which could have a substantial impact
on the content and assessment of the tenders shall be documented to a sufficient extent and by
appropriate means, such as written or audio records or summaries of the main elements of the
communication.
(11)  In all communication, exchange and storage of information, utilities shall ensure that the
integrity of data and the confidentiality of tenders and requests to participate are preserved.
(12)  Utilities shall examine the content of tenders and requests to participate only after the time
limit for submitting them has expired.
Use of tools and devices not generally available
(13)  Utilities may, where necessary, require the use of tools and devices which are not generally
available, provided that the utilities offer alternative means of access.
(14)  Utilities shall be deemed to offer suitable alternative means of access where they do any
of the following—
(a)offer unrestricted and full direct access free of charge by electronic means to the tools and
devices from the date of publication of the call for competition or from the date on which
the invitation to confirm interest is sent;
(b)ensure that tenderers having no access to the tools and devices concerned, or no possibility
of obtaining them within the relevant time limits, provided that the lack of access is not
attributable to the tenderer concerned, may access the procurement procedure through the
use of provisional tokens made available free of charge online; or
(c)support an alternative channel for electronic submission of tenders.
(15)  For the purposes of paragraph (14)(a)—
(a)“publication of the call for competition” means whichever of the following is relevant (and
where both are relevant, the earliest of them)—
(i)its publication in the Official Journal after being sent in accordance with
regulation 71; or
(ii)its publication on a buyer profile in accordance with regulation 72; and
(b)the text of the call for competition notice or the invitation to confirm interest shall specify
the internet address at which those tools and devices are accessible.
Technical etc. requirements for tools and devices
(16)  Tools and devices for the electronic receipt of tenders, requests to participate, applications
for qualification and, in design contests, plans and projects, must at least guarantee, through technical
means and appropriate procedures, that—
(a)the exact time and date of the receipt of tenders, requests to participate, applications for
qualification and the submission of plans and projects can be determined precisely;
(b)it may be reasonably ensured that, before the time referred to in paragraph (12), no-one
can have access to data transmitted under the requirements in this paragraph;
(c)only authorised persons may set or change the dates for opening data received;
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(d)during the various stages of the qualification procedure, the procurement procedure or
design contest, access to all data submitted, or to part of such data, must be possible only
for authorised persons;
(e)only authorised persons may give access to data transmitted and only after the time referred
to in paragraph (12);
(f)data received and opened in accordance with the requirements in sub-paragraphs (a) to (e)
must remain accessible only to persons authorised to acquaint themselves with the data;
(g)it may be reasonably ensured that any infringement, or attempted infringement, of the
access prohibitions or conditions referred to in sub-paragraphs (b) to (f) are clearly
detectable.
(17)  In addition to those requirements, the following rules shall apply to tools and devices
for the electronic transmission and receipt of tenders and for the electronic receipt of requests to
participate—
(a)information on specifications for the electronic submission of tenders and requests to
participate, including encryption and time-stamping, shall be available to interested
parties;
(b)utilities shall, acting in accordance with paragraphs (18) and (19), specify the level of
security required for the electronic means of communication to be used in various stages
of the specific procurement procedure, and that level shall be proportionate to the risks
attached;
(c)where utilities conclude that the level of risk, assessed in accordance with paragraphs (18)
and (19), is such that advanced electronic signatures as defined by [F29Regulation (EU)
No 910/2014 of the European Parliament and of the Council on electronic identification
and trust services for electronic transactions in the internal market ] as amended from time
to time are required, utilities shall accept advanced electronic signatures supported by a
[F30qualified certificate for electronic signature ], taking into account whether the certificate
is provided by a certificate services provider, which is on a trusted list as provided for
in Commission Decision 2009/767/ECF31 as amended from time to time, created with
or without a secure signature creation device, subject to compliance with the following
conditions—
(i) (aa)the utilities shall establish the required advanced signature format on the
basis of formats established in Commission Decision 2011/130/EU F32 as
amended from time to time and put in place necessary measures to be able
to process those formats technically;
(bb) in case a different format of electronic signature is used, the electronic
signature or the electronic document carrier shall include information on
existing validation possibilities;
(cc)the validation possibilities shall allow the utility to validate online, free
of charge and in a way that is understandable for non-native speakers, the
received electronic signature as an advanced electronic signature supported
by a [F30qualified certificate for electronic signature ];
(ii)where a tender is signed with the support of a [F30qualified certificate for electronic
signature ] that is included on a trusted list, the utility shall not apply additional
requirements that may hinder the use of those signatures by tenderers.
Security requirements
(18)  In deciding the level of security required at each stage of a procurement procedure, and in
concluding whether the level of risk is such that advanced electronic signatures are required, utilities
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shall assess the risks having regard to both the likelihood that particular risks will materialise and
the potential adverse consequences if those risks materialise.
(19)  In doing so, utilities shall, in particular, have regard to such of the following matters as are
relevant—
(a)the risk to the proper functioning and integrity of the specific procurement process,
including risks of breach of these Regulations;
(b)risks to national security;
(c)the risk of inadvertent or unauthorised disclosure of, or access to, any economic operator's
confidential information;
(d)the risk of inadvertent or unauthorised disclosure of, or access to, information held by the
utility including information relating to the specific procurement;
(e)the risk that use of electronic communications could provide opportunity for malicious
attacks on the electronic systems of, or data held by, the authority, any economic operator
or any other person, including introduction of malware or denial of service attacks;
(f)other material risks relating to the procurement procedure in question;
(g)the need for consistency as between similar procurements performed by the same utility;
(h)the need for proportionality between, on the one hand the expected benefits of any
particular security requirements (in terms of eliminating or reducing any of the risks
referred to in sub-paragraphs (a) to (g)), and on the other hand the costs, burdens and
obligations which those requirements may impose on economic operators.
Electronic signatures
(20)  Paragraph (21) applies where—
(a)a competent authority of the United Kingdom located in England and Wales or Northern
Ireland,
(b)another issuing entity so located,
signs and issues a document for use in a procurement procedure within the scope of the Utilities
Contracts Directive, whether the procedure is under these Regulations or under the law of any
member State.
(21)  The competent authority or issuing entity may establish the required advanced signature
format in accordance with the requirements set out in Article 1(2) of Commission Decision 2011/130/
EU, and, where it does so—
(a)it shall put in place the necessary measures to be able to process that format technically
by including the information required for the purpose of processing the signature in the
document concerned; and
(b)the document shall contain in the electronic signature or in the electronic document carrier
information on existing validation possibilities that allow the validation of the received
electronic signature online, free of charge and in a way that is understandable for non-
native speakers.
F29 Words in reg. 40(17)(c) substituted (22.7.2016) by The Electronic Identification and Trust Services for
Electronic Transactions Regulations 2016 (S.I. 2016/696), reg. 1 , Sch. 3 para. 20(3)(a)
F30 Words in reg. 40(17)(c) substituted (22.7.2016) by The Electronic Identification and Trust Services for
Electronic Transactions Regulations 2016 (S.I. 2016/696), reg. 1 , Sch. 3 para. 20(3)(b)
F31 OJ No L 274, 20.10.2009, p36, last amended by Commission Decision 2013/662/EU (OJ No L 306,
16.11.2013, p21).
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F32 OJ No L 53, 26.2.2011, p66, amended by Commission Implementing Decision 2014/148/EU (OJ No L
80, 19.3.2014, p7).
Nomenclatures
41.Any references to nomenclatures in the context of public procurement shall be made using
the CPV.
Conflicts of interest
42.—(1)  Utilities that are contracting authorities shall take appropriate measures to effectively
prevent, identify and remedy conflicts of interest arising in the conduct of procurement procedures
so as to avoid any distortion of competition and to ensure equal treatment of all economic operators.
(2)  For the purposes of paragraph (1), the concept of conflicts of interest shall at least cover any
situation where relevant staff members have, directly or indirectly, a financial, economic or other
personal interest which might be perceived to compromise their impartiality and independence in
the context of the procurement procedure.
(3)  For the purposes of—
(a)paragraph (2), “relevant staff members” means staff members of the contracting authority,
or of a procurement service provider acting on behalf of the contracting authority, who
are involved in the conduct of the procurement procedure or may influence the outcome
of that procedure;
(b)sub-paragraph (a), “procurement service provider” means a public or private body which
offers ancillary purchasing activities on the market.
PART 2
RULES APPLICABLE TO CONTRACTS
CHAPTER 1
Procedures
Conditions relating to the GPA and other international agreements
43.In so far as they are covered by Annexes 3 to 7 to the EU's Appendix I to the GPA and
by the other international agreements by which the EU is bound, utilities within the meaning of
regulation 5(1)(a) shall accord to the works, supplies, services and economic operators of signatories
to those agreements treatment no less favourable than the treatment accorded to the works, supplies,
services and economic operators of the EU.
Choice of Procedures
44.—(1)  When awarding supply, works or service contracts, utilities shall apply procedures that
conform to these Regulations.
(2)  Such contracts may be awarded only if a call for competition has been published in accordance
with these Regulations and the Utilities Contracts Directive, except where regulation 50 permits
utilities to apply a negotiated procedure without prior call for competition.
(3)  Utilities may apply—
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(a)open or restricted procedures or negotiated procedures with prior call for competition as
regulated by these Regulations;
(b)competitive dialogues and innovation partnerships as regulated by these Regulations.
(4)  The call for competition may be made by one of the following means—
(a)a periodic indicative notice in accordance with regulation 67 where the contract is awarded
by restricted or negotiated procedure or competitive dialogue;
(b)a notice on the existence of a qualification system in accordance with regulation 68 where
the contract is awarded by restricted or negotiated procedure or by a competitive dialogue
or an innovation partnership;
(c)a contract notice in accordance with regulation 69.
(5)  For the purposes of paragraph (4)(a), economic operators which have expressed their interest
following the publication of the periodic indicative notice shall subsequently be invited to confirm
their interest in writing by means of an invitation to confirm interest in accordance with regulation 74.
Open Procedure
45.—(1)  In open procedures, any interested economic operator may submit a tender in response
to a call for competition.
(2)  The minimum time limit for the receipt of tenders shall, subject to paragraphs (4) to (6), be
35 days from the date on which the contract notice is sent.
(3)  The tender shall be accompanied by the information for qualitative selection that is requested
by the utility.
(4)  Where utilities have published a periodic indicative notice which was not itself used as a
means of calling for competition, the minimum time limit for receipt of tenders, as laid down in
paragraph (2), may be shortened to 15 days, provided that both of the following conditions are
fulfilled—
(a)the periodic indicative notice included all the information required by Section I and II
of Part A of Annex VI to the Utilities Contracts Directive, insofar as the information in
Section II was available at the time the periodic indicative notice was published;
(b)the periodic indicative notice was sent for publication between 35 days and 12 months
before the date on which the contract notice was sent.
(5)  Where a state of urgency duly substantiated by the utility renders impracticable the time limit
laid down in paragraph (2), it may fix a time limit which shall be not less than 15 days from the date
on which the contract notice is sent.
(6)  The utility may reduce by 5 days the time limit for receipt of tenders set out in paragraph (2)
where it accepts that tenders may be submitted by electronic means in accordance with regulation 40.
Restricted Procedure
46.—(1)  In restricted procedures, any economic operator may submit a request to participate
in response to a call for competition by providing the information for qualitative selection that is
requested by the utility.
(2)  The minimum time limit for the receipt of the requests to participate shall, in general, be
fixed at no less than 30 days—
(a)from the date on which the contract notice is sent; or
(b)where a periodic indicative notice is used as a means of calling for competition, from the
date on which the invitation to confirm interest is sent,
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and shall in any event not be less than 15 days.
(3)  Only those economic operators invited to do so by the utility following its assessment of the
information provided may submit a tender.
(4)  Utilities may limit the number of suitable candidates to be invited to participate in the
procedure in accordance with regulation 78(3) and (4).
(5)  The time limit for the receipt of tenders may be set by mutual agreement between the utility
and the selected candidates, provided that all selected candidates have the same time to prepare and
submit their tenders.
(6)  In the absence of such an agreement on the time limit for receipt of tenders, the time limit
shall be at least 10 days from the date on which the invitation to tender is sent.
Negotiated Procedure with prior call for competition
47.—(1)  In negotiated procedures with prior call for competition, any economic operator may
submit a request to participate in response to a call for competition by providing the information for
qualitative selection that is requested by the utility.
(2)  The minimum time limit for the receipt of requests to participate shall, in general, be fixed
at no less that 30 days—
(a)from the date on which the contract notice is sent; or
(b)where a periodic indicative notice is used as a means of calling for competition, from the
date on which the invitation to confirm interest is sent,
and shall in any event not be less than 15 days.
(3)  Only those economic operators invited by the utility following its assessment of the
information provided may participate in the negotiations.
(4)  Utilities may limit the number of suitable candidates to be invited to participate in the
procedure in accordance with regulation 78(3) and (4).
(5)  The time limit for the receipt of tenders may be set by mutual agreement between the utility
and the selected candidates, provided that they all have the same time to prepare and submit their
tenders.
(6)  In the absence of such an agreement on the time limit for the receipt of tenders, the time limit
shall be at least 10 days from the date on which the invitation to tender is sent.
Competitive dialogue
General and selection of participants
48.—(1)  In competitive dialogues, any economic operator may submit a request to participate in
response to a call for competition in accordance with regulation 44(4) by providing the information
for qualitative selection that is requested by the utility.
(2)  The minimum time limit for receipt of requests to participate shall, in general, be fixed at
no less than 30 days—
(a)from the date on which the contract notice is sent; or
(b)where a periodic indicative notice is used as a means of calling for competition, the date
on which the invitation to confirm interest is sent,
and shall in any event not be less than 15 days.
(3)  Only those economic operators invited by the utility following the assessment of the
information provided may participate in the dialogue.
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(4)  Utilities may limit the number of suitable candidates to be invited to participate in the
procedure in accordance with regulation 78(3) and (4).
(5)  The contract shall be awarded on the sole basis of the award criterion of the tender presenting
the best price-quality ratio in accordance with regulation 82(1) to (4).
(6)  Utilities shall set out and define their needs and requirements in the call for competition, in
a descriptive document or in both.
(7)  At the same time and in the same documents, utilities shall also set out and define the chosen
award criteria and set out an indicative timeframe.
Conduct of the dialogue
(8)  Utilities—
(a)shall open, with the participants selected in accordance with the relevant provisions of
regulations 76 to 81, a dialogue the aim of which shall be to identify and define the means
best suited to satisfying their needs, and
(b)may discuss all aspects of the procurement with the chosen participants during this
dialogue.
(9)  During the dialogue, utilities shall ensure equality of treatment among all participants and,
to that end, they shall not provide information in a discriminatory manner which may give some
participants an advantage over others.
(10)  In accordance with regulation 39, utilities shall not reveal to the other participants solutions
proposed or other confidential information communicated by a participating candidate or tenderer
in the dialogue without its agreement.
(11)  Such agreement shall not take the form of a general waiver but shall be given with reference
to the intended communication of specific information.
(12)  Competitive dialogues may take place in successive stages in order to reduce the number of
solutions to be discussed during the dialogue stage by applying the award criteria laid down in the
call for competition or in the descriptive document.
(13)  In the call for competition or the descriptive document, the utility shall indicate whether it
will use the option described in paragraph (12).
(14)  The utility shall continue the dialogue until it can identify the solution or solutions which
are capable of meeting its needs.
Final tenders
(15)  Having declared that the dialogue is concluded and having so informed the remaining
participants, utilities shall ask them to submit their final tenders on the basis of the solution or
solutions presented and specified during the dialogue.
(16)  Those tenders shall contain all the elements required and necessary for the performance of
the project.
(17)  Those tenders may be clarified, specified and optimised at the request of the utility.
(18)  But such clarification, specification or optimisation or any additional information, may not
involve changes to the essential aspects of the tender or of the procurement, including the needs
and requirements set out in the call for competition or in the descriptive document, where variations
to those aspects, needs and requirements are likely to distort competition or have a discriminatory
effect.
(19)  Utilities shall assess the tenders received on the basis of the award criteria laid down in the
call for competition or in the descriptive document.
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(20)  At the request of the utility, negotiations with the tenderer identified as having submitted
the tender presenting the best price-quality ratio in accordance with regulation 82(1) to (4) may be
carried out to confirm financial commitments or other terms contained in the tender by finalising the
terms of the contract, provided such negotiations—
(a)do not have the effect of materially modifying essential aspects of the tender or of the
procurement, including the needs and requirements set out in the call for competition or
in the descriptive document; and
(b)do not risk distorting competition or causing discrimination.
Prizes and payments
(21)  Utilities may specify prizes or payments to the participants in the dialogue.
Innovation partnership
49.—(1)  In innovation partnerships, any economic operator may submit a request to participate
in response to a call for competition in accordance with regulation 44(4)(b) and (c) by providing the
information for qualitative selection that is requested by the utility.
(2)  In the procurement documents, the utility shall—
(a)identify the need for an innovative product, service or works that cannot be met by
purchasing products, services or works already available on the market, and
(b)indicate which elements of this description define the minimum requirements to be met
by all tenders.
(3)  The information provided under paragraph (2) shall be sufficiently precise to enable economic
operators to identify the nature and scope of the required solution and decide whether to request to
participate in the procedure.
(4)  The utility may decide to set up the innovation partnership with one partner or with several
partners conducting separate research and development activities.
(5)  The minimum time limit for receipt of requests to participate shall, in general, be fixed at
no less than 30 days from the date on which the contract notice is sent and shall in any event not
be less than 15 days.
(6)  Only those economic operators invited by the utility following the assessment of the
information provided may participate in the procedure.
(7)  Utilities may limit the number of suitable candidates to be invited to participate in the
procedure in accordance with regulation 78(3) and (4).
(8)  The contracts shall be awarded on the sole basis of the award criterion of the tender presenting
the best price-quality ratio in accordance with regulation 82(1) to (4).
(9)  The innovation partnership shall aim at the development of an innovative product, service
or works and the subsequent purchase of the resulting supplies, services or works, provided that
they correspond to the performance levels and maximum costs agreed between the utility and the
participants.
(10)  The innovation partnership shall be structured in successive phases following the sequence
of steps in the research and innovation process, which may include the manufacturing of the products,
the provision of services or the completion of the works.
(11)  The innovation partnership shall set intermediate targets to be attained by the partners and
provide for payment of the remuneration in appropriate instalments.
(12)  Based on those targets, the utility may decide after each phase to—
(a)terminate the innovation partnership; or
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(b)in the case of an innovation partnership with several partners, to reduce the number of
partners by terminating individual contracts,
provided that the utility has indicated in the procurement documents those possibilities and the
conditions for their use.
(13)  Subject to the following provisions of this regulation, utilities shall negotiate with tenderers
the initial and all subsequent tenders submitted by them, except for the final tender, to improve their
content.
(14)  The minimum requirements and the award criteria shall not be subject to negotiations.
(15)  During the negotiations, utilities shall ensure the equal treatment of all tenderers and to that
end—
(a)they shall not provide information in a discriminatory manner which may give some
tenderers an advantage over others;
(b)they shall inform all tenderers, whose tenders have not been eliminated under
paragraph (18) in writing, of any changes to the technical specifications or other
procurement documents, other than those setting out the minimum requirements; and
(c)following any such changes, utilities shall provide sufficient time for tenderers to modify
and re-submit amended tenders, as appropriate.
(16)  In accordance with regulation 39, utilities shall not reveal to the other participants
confidential information communicated by a candidate or tenderer participating in the negotiations
without its agreement.
(17)  Such agreement shall not take the form of a general waiver but shall be given with reference
to the intended communication of specific information.
(18)  Negotiations during innovation partnership procedures may take place in successive stages
in order to reduce the number of tenders to be negotiated by applying the award criteria specified in
the call for competition, in the invitation to confirm interest or in another procurement document.
(19)  In the call for competition, the invitation to confirm interest or in another procurement
document, the utility shall indicate whether it will use the option described in paragraph (18).
(20)  In selecting candidates, utilities shall in particular apply criteria concerning the candidates'
capacity in the field of research and development and of developing and implementing innovative
solutions.
(21)  Only those economic operators invited by the utility following its assessment of the requested
information may submit research and innovation projects aimed at meeting the needs identified by
the utility that cannot be met by existing solutions.
(22)  In the procurement documents, the utility shall define the arrangements applicable to
intellectual property rights.
(23)  In the case of an innovation partnership with several partners, the utility shall not, in
accordance with regulation 39, reveal to the other partners solutions proposed or other confidential
information communicated by a partner in the framework of the partnership without that partner's
agreement.
(24)  Such agreement shall not take the form of a general waiver but shall be given with reference
to the intended communication of specific information.
(25)  The utility shall ensure that the structure of the partnership and, in particular, the duration
and value of the different phases reflect the degree of innovation of the proposed solution and the
sequence of the research and innovation activities required for the development of an innovative
solution not yet available on the market.
(26)  The estimated value of supplies, services or works purchased shall not be disproportionate
in relation to the investment for their development.
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Use of the negotiated procedure without prior call for competition
50.—(1)  Utilities may use the negotiated procedure without prior call for competition in the
following cases—
(a)where no tenders, no suitable tenders, no requests to participate or no suitable requests to
participate have been submitted in response to a procedure with a prior call for competition,
provided that the initial conditions of the contract are not substantially altered;
(b)where a contract is purely for the purpose of research, experiment, study or development
and not for the purpose of securing a profit or of recovering research and development
costs, and insofar as the award of such contract does not prejudice the competitive award
of subsequent contracts which do seek, in particular, those ends;
(c)where the works, supplies or services can be supplied only by a particular economic
operator for any of the following reasons—
(i)the aim of the procurement is the creation or acquisition of a unique work of art or
artistic performance;
(ii)competition is absent for technical reasons;
(iii)the protection of exclusive rights, including intellectual property rights,
but only in the case of paragraphs (ii) and (iii), where no reasonable alternative or substitute
exists and the absence of competition is not the result of an artificial narrowing down of
the parameters of the procurement;
(d)insofar as is strictly necessary where, for reasons of extreme urgency brought about by
events unforeseeable by the utility, the time limits laid down for open procedures, restricted
procedures and negotiated procedures with prior call for competition cannot be complied
with;
(e)in the case of supply contracts for additional deliveries by the original supplier which are
intended either as a partial replacement of supplies or installations or as the extension
of existing supplies or installations, where a change of supplier would oblige the utility
to acquire supplies having different technical characteristics which would result in
incompatibility or disproportionate technical difficulties in operation and maintenance;
(f)for new works or services consisting in the repetition of similar works or services assigned
to the contractor to which the same utility awarded an earlier contract, provided that
such works or services conform to a basic project for which a first contract was awarded
following a procedure in accordance with regulation 44(1) and (2);
(g)for supplies quoted and purchased on a commodity market;
(h)for bargain purchases, where it is possible to procure supplies by taking advantage
of a particularly advantageous opportunity available for a very short time at a price
considerably lower than normal market prices;
(i)for purchases of supplies or services under particularly advantageous conditions from
either a supplier which is definitively winding up its business activities or the liquidator
in an insolvency procedure, an arrangement with creditors or a similar procedure under
national laws or regulations;
(j)where the service contract concerned—
(i)follows a design contest organised in accordance with these Regulations, and
(ii)is to be awarded, under the rules provided for in the design contest, to the winner
or to one of the winners of that contest, provided that all the winners are invited to
participate in the negotiations.
(2)  For the purposes of paragraph (1)(a)—
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(a)a tender shall be considered not to be suitable where it is irrelevant to the contract,
being manifestly incapable, without substantial changes, of meeting the utility's needs and
requirements as specified in the procurement documents;
(b)a request for participation shall be considered not to be suitable where the economic
operator concerned—
(i)is to be or may be excluded in accordance with regulation 78(1) or 80(1), or
(ii)does not meet the selection criteria.
(3)  For the purposes of paragraph (1)(d), the circumstances invoked to justify extreme urgency
must not in any event be attributable to the utility.
(4)  For the purposes of paragraph (1)(f)—
(a)the basic project shall indicate the extent of the possible additional works or services and
the conditions under which they will be awarded;
(b)as soon as the first contract is put up for tender, the possible use of the procedure shall be
disclosed and the total estimated cost of subsequent works or services shall be taken into
consideration by the utilities when they apply regulations 16 and 17.
CHAPTER 2
Techniques and instruments for electronic and aggregated procurement
Framework agreements
51.—(1)  Utilities may conclude framework agreements provided that they apply the procedures
provided for in these Regulations.
(2)  In these Regulations “framework agreement” means an agreement between one or more
utilities and one or more economic operators, the purpose of which is to establish the terms
governing contracts to be awarded during a given period, in particular with regard to price and where
appropriate, the quantities envisaged.
(3)  The term of a framework agreement shall not exceed 8 years, save in exceptional cases duly
justified, in particular, by the subject-matter of the framework agreement.
(4)  Contracts based on a framework agreement shall be awarded on the basis of objective rules
and criteria, which may include reopening the competition among those economic operators party
to the framework agreement as concluded.
(5)  For the purposes of paragraph (4)—
(a)the objective rules and criteria shall—
(i)be set out in the procurement documents for the framework agreement;
(ii)ensure equal treatment of the economic operators who are parties to the framework
agreement;
(b)where a reopening of competition is included, utilities shall—
(i)set a time limit which is sufficiently long to allow tenders for each specific contract
to be submitted; and
(ii)award each contract to the tenderer that has submitted the best tender on the basis of
the award criteria set out in the specifications of the framework agreement.
(6)  Utilities shall not use framework agreements improperly or in such a way as to prevent,
restrict or distort competition.
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Dynamic purchasing systems
General features
52.—(1)  Utilities may use a dynamic purchasing system for commonly used purchases, the
characteristics of which, as generally available on the market, meet their requirements.
(2)  The dynamic purchasing system shall be operated as a completely electronic process and
shall be open throughout the period of validity of the purchasing system to any economic operator
that satisfies the selection criteria.
(3)  The dynamic purchasing system may be divided into categories of products, works or services
that are objectively defined on the basis of characteristics of the procurement to be undertaken under
the category concerned.
(4)  Such characteristics may include reference to the maximum allowable size of the subsequent
specific contracts or to a specific geographic area in which subsequent specific contracts will be
performed.
(5)  In order to procure under a dynamic purchasing system, utilities shall follow the rules of the
restricted procedure, subject to the following provisions of this regulation.
(6)  All candidates satisfying the selection criteria shall be admitted to the system, and the number
of candidates to be admitted to the system shall not be limited in accordance with regulations 46(4)
and 78(3) and (4).
(7)  Where utilities have divided the system into categories of products, works or services in
accordance with paragraph (3), they shall specify the applicable selection criteria for each category.
Time limits
(8)  The following provisions about time limits shall apply instead of those provided for in
regulation 46(2), (5) and (6).
(9)  The minimum time limit for receipt of requests to participate shall, in general, be fixed at no
less than 30 days from the date on which—
(a)the contract notice is sent; or
(b)where a periodic indicative notice is used as a means for calling for competition, the date
on which the invitation to confirm interest is sent,
and shall in any event not be less than 15 days.
(10)  No further time limits for receipt of requests to participate shall apply once the invitation to
tender for the first specific procurement under the dynamic purchasing system has been sent.
(11)  The minimum time limit for receipt of tenders shall, subject to paragraph (12), be at least
10 days from the date on which the invitation to tender is sent.
(12)  The time limit for the receipt of tenders may be set by mutual agreement between the utility
and the selected candidates, provided that all selected candidates have the same time to prepare and
submit their tenders.
Requirement to use electronic communication
(13)  All communications in the context of a dynamic purchasing system shall only be made by
electronic means in accordance with regulation 40(1) to (7) and (11) to (20).
The call for competition etc.
(14)  For the purposes of awarding contracts under a dynamic purchasing system, utilities shall—
(a)publish a call for competition making it clear that a dynamic purchasing system is
involved;
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(b)indicate in the procurement documents at least the nature and estimated quantity of
purchases envisaged, as well as all the necessary information concerning the dynamic
purchasing system, including how the dynamic purchasing system operates, the electronic
equipment used and the technical connection arrangements and specifications;
(c)indicate in the procurement documents any division into categories of products, works or
services and the characteristics defining them;
(d)offer unrestricted and full direct access, as long as the system is valid, to the procurement
documents in accordance with regulation 73.
Requests to participate and their evaluation
(15)  Utilities shall give any economic operator, throughout the entire period of validity of the
dynamic purchasing system, the possibility of requesting to participate in the system under the
conditions referred to in paragraphs (5) to (12).
(16)  Utilities shall finalise their evaluation of such requests in accordance with the selection
criteria within 10 working days following their receipt.
(17)  That period may be prolonged to 15 working days in individual cases where justified, in
particular because of the need to examine additional documentation or to otherwise verify whether
the selection criteria are met.
(18)  Despite paragraphs (16) and (17), as long as the invitation to tender for the first specific
procurement under the dynamic purchasing system has not been sent, utilities may extend the
evaluation period provided that no invitation to tender is issued during the extended evaluation
period.
(19)  Where utilities intend to extend the evaluation period in accordance with paragraph (18),
they shall indicate in the procurement documents the length of the extended period that they intend
to apply.
(20)  Utilities shall inform the economic operator concerned at the earliest possible opportunity
of whether or not it has been admitted to the dynamic purchasing system.
Tendering and the award of the contract
(21)  Utilities shall invite all admitted participants to submit a tender for each specific procurement
under the dynamic purchasing system, in accordance with regulation 74.
(22)  Where the dynamic purchasing system has been divided into categories of works, products
or services, utilities shall invite all participants having been admitted to the category corresponding
to the specific procurement concerned to submit a tender.
(23)  Utilities shall award the contract to the tenderer that submitted the best tender on the basis
of the award criteria set out in—
(a)the contract notice for the dynamic purchasing system;
(b)the invitation to confirm interest; or
(c)where the means of calling for competition is a notice on the existence of a qualification
system, in the invitation to tender.
(24)  Where those criteria are set out in accordance with paragraph (23)(a) and (b) they may,
where appropriate, be formulated more precisely in the invitation to tender.
Means of proof
(25)  Utilities which, in accordance with regulation 80, apply exclusion grounds and selection
criteria provided for under the Public Contracts Regulations, may, at any time during the period of
validity of the dynamic purchasing system, require admitted participants to submit a renewed and
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updated self-declaration as provided for in regulation 59(1) to (7) of those Regulations, within 5
working days from the date on which that request is transmitted.
(26)  Regulation 59(8) to (11) of the Public Contracts Regulations shall apply throughout the
entire period of validity of the dynamic purchasing system.
(27)  For the purposes of paragraphs (25) and (26)—
(a)regulations 57-60 and 65 of the Public Contracts Regulations shall have effect as though
a reference to a contracting authority in those regulations were a reference to a utility;
(b)references to regulations 62 and 63 in regulation 59 of the Public Contracts Regulations
shall have effect as though such references are to, respectively, regulations 81 and 79 in
these Regulations;
(c)in regulation 59(9) of the Public Contracts Regulations, the words “where such contracts
are concluded in accordance with regulations 33(7) or 8(a)” shall be replaced with “ with
a single economic operator or where such contracts are concluded without reopening
competition in accordance with regulation 51 of the Utilities Contracts Regulations 2016 ” .
Period of validity of the system
(28)  Utilities shall indicate the period of validity of the dynamic purchasing system in the call
for competition.
(29)  Utilities shall notify the Commission of any change in the period of validity, using the
following standard forms—
(a)where the period of validity is changed without terminating the system, the form used
initially for the call for competition for the dynamic purchasing system;
(b)where the system is terminated, a contract award notice under regulation 70.
Charges
(30)  No charges may be billed prior to or during the period of validity of the dynamic purchasing
system to the economic operators which are interested in or party to the dynamic purchasing system.
Electronic auctions
53.—(1)  Utilities may use electronic auctions in which—
(a)new prices, revised downwards, or
(b)new values concerning certain elements of tenders,
or both, are presented.
(2)  Utilities shall structure the electronic auction as a repetitive electronic process, which occurs
after an initial full evaluation of the tenders, enabling them to be ranked using automatic evaluation
methods.
When electronic auctions may and may not be used
(3)  Service contracts and works contracts which have as their subject-matter intellectual
performances (such as the design of works) which cannot be ranked using automatic evaluation
methods, shall not be the object of electronic auctions.
(4)  In open or restricted procedures or negotiated procedures with a prior call for competition,
utilities may decide that the award of a contract shall be preceded by an electronic auction when the
content of the procurement documents, in particular the technical specifications, can be established
with precision.
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(5)  In procurements where the content of procurement documents, in particular the technical
specifications, can be established with precision, an electronic auction may be held—
(a)on the reopening of competition among the parties to a framework agreement as provided
for in regulation 51(4) to (6); and
(b)on the opening for competition of contracts to be awarded under a dynamic purchasing
system.
(6)  The electronic auction shall be based on one of the following elements of the tenders—
(a)solely on prices where the contract is awarded on the basis of price only;
(b)on prices or on the new values of the features of the tenders indicated in the procurement
documents, or on both, where the contract is awarded—
(i)on the basis of the best price-quality ratio; or
(ii)to the tender with the lowest cost using a cost-effectiveness approach.
Preliminary requirements
(7)  Utilities which decide to hold an electronic auction shall state that fact in the contract notice,
in the invitation to confirm interest or, where a notice on the existence of a qualification system is
used as a means of calling for competition, in the invitation to tender.
(8)  Where utilities have decided to hold an electronic auction, the procurement documents shall
include at least the following details—
(a)the features, the values for which will be the subject of electronic auction, provided that
such features are quantifiable and can be expressed in figures or percentages;
(b)any limits on the values which may be submitted, as they result from the specifications
relating to the subject-matter of the contract;
(c)the information which will be made available to tenderers in the course of the electronic
auction and, where appropriate, when it will be made available to them;
(d)the relevant information concerning the electronic auction process;
(e)the conditions under which the tenderers will be able to bid and, in particular, the minimum
differences which will, where appropriate, be required when bidding;
(f)the relevant information concerning the electronic equipment used and the arrangements
and technical specifications for connection.
Admissibility of tenders
(9)  Before proceeding with the electronic auction, utilities shall make a full initial evaluation of
the tenders in accordance with the award criteria and with the weighting fixed for them.
(10)  A tender shall be considered admissible where—
(a)it has been submitted by a tenderer which has not been excluded under regulation 78(1)
or 80(1), and which meets the selection criteria; and
(b)it is in conformity with the technical specifications without being irregular, unacceptable
or unsuitable.
(11)  In particular, tenders—
(a)which do not comply with the procurement documents;
(b)which were received late;
(c)where there is evidence of collusion or corruption; or
(d)which have been found by the utility to be abnormally low,
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shall be considered irregular for the purposes of paragraph (10)(b).
(12)  In particular—
(a)tenders submitted by tenderers that do not have the required qualifications; and
(b)tenders whose price exceeds the utility's budget as determined and documented prior to
the launching of the procurement procedure,
shall be considered as unacceptable for the purposes of paragraph (10)(b).
(13)  For the purposes of paragraph (10)(b), a tender shall be considered unsuitable where it is
irrelevant to the contract, being manifestly incapable, without substantial changes, of meeting the
utility's needs and requirements as specified in the procurement documents.
Commencement and structure of the auction
(14)  All tenderers that have submitted admissible tenders shall be invited simultaneously by
electronic means to participate in the electronic auction using, as of the date and time specified in
the invitations, the connections in accordance with the instructions set out in the invitation.
(15)  The electronic auction may take place in a number of successive phases.
(16)  The electronic auction shall not start sooner than 2 working days after the date on which
invitations are sent out.
(17)  The invitation shall be accompanied by the outcome of a full evaluation of the relevant
tender carried out in accordance with the weighting provided for in regulation 82(9).
The formula to be used
(18)  The invitation shall also state the mathematical formula to be used in the electronic auction
to determine automatic re-rankings on the basis of the new prices or new values submitted, or both.
(19)  Except where the most economically advantageous offer is identified on the basis of price
alone, that formula shall incorporate the weighting of all the criteria established to determine the
most economically advantageous tender, as indicated in the notice used as a means of calling for
competition or in other procurement documents.
(20)  For the purposes of paragraph (19), any ranges shall, however, be reduced beforehand to
a specified value.
(21)  Where variants are authorised in accordance with regulation 64, a separate formula shall
be provided for each variant.
Communication of information
(22)  Throughout each phase of an electronic auction the utilities shall instantaneously
communicate to all tenderers sufficient information to enable them to ascertain their relative rankings
at any moment.
(23)  Utilities may also communicate other information concerning other prices or values
submitted, provided that this is stated in the specifications.
(24)  Utilities may also at any time announce the number of participants in the current phase of
the auction.
(25)  In no case, however, may utilities disclose the identities of the tenderers during any phase
of an electronic auction.
Closing the auction and awarding the contract
(26)  Utilities shall close an electronic auction in one or more of the following manners—
(a)at the previously indicated date and time;
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(b)when they receive no more new prices or new values which meet the requirements
concerning minimum differences, provided that they have previously stated the time which
they will allow to elapse after receiving the last submission before they close the electronic
auction; or
(c)when the previously indicated number of phases in the auction has been completed.
(27)  Where utilities intend to close an electronic auction in accordance with paragraph (26)(c),
whether or not in combination with paragraph (26)(b), the invitation to take part in the auction shall
indicate the timetable for each phase of the auction.
(28)  After closing an electronic auction, the utility shall award the contract in accordance with
regulation 82 on the basis of the results of the electronic auction.
Electronic catalogues
Generally
54.—(1)  Where the use of electronic means of communication is required, utilities may require
tenders to be presented in the format of an electronic catalogue or to include an electronic catalogue.
(2)  Tenders presented in the form of an electronic catalogue may be accompanied by other
documents, completing the tender.
(3)  Electronic catalogues shall be established by the candidates or tenderers with a view to
participating in a given procurement procedure in accordance with the technical specifications and
format established by the utility.
(4)  Electronic catalogues shall also comply with the requirements for electronic communication
tools set out in regulation 40 as well as with any additional requirements set by the utility in
accordance with that regulation.
(5)  Where the presentation of tenders in the form of electronic catalogues is accepted or required,
utilities shall—
(a)state so in the contract notice, in the invitation to confirm interest, or, where the means
of calling for competition is a notice on the existence of a qualification system, in the
invitation to tender or negotiate; and
(b)indicate in the procurement documents all the necessary information relating to the matters
covered by regulation 40(16) to (20) so far as they concern the format, the electronic
equipment used and the technical connection arrangements and specifications for the
catalogue.
Framework agreements
(6)  Where a framework agreement has been concluded with more than one economic operator
following the submission of tenders in the form of electronic catalogues, utilities may provide that
the reopening of competition for specific contracts is to take place on the basis of updated catalogues.
(7)  In such a case, utilities shall use one of the following methods—
(a)invite tenderers to resubmit their electronic catalogues, adapted to the requirements of the
contract in question; or
(b)notify tenderers that they intend to collect from the electronic catalogues which have
already been submitted the information needed to constitute tenders adapted to the
requirements of the contract in question, provided that the use of that method has been
indicated in the procurement documents for the framework agreement.
(8)  Where utilities reopen competition for specific contracts in accordance with paragraph (7)
(b), they shall—
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(a)notify the tenderers of the date and time at which they intend to collect the information
needed to constitute tenders adapted to the requirements of the specific contract in
question, and
(b)give tenderers the possibility to refuse such collection of information.
(9)  Utilities shall allow for an adequate period between the notification and the actual collection
of information.
(10)  Before awarding the contract, utilities shall present the collected information to the tenderer
concerned so as to give it the opportunity to contest or confirm that the tender thus constituted does
not contain any material errors.
Dynamic purchasing systems
(11)  Utilities may award contracts based on a dynamic purchasing system by requiring that offers
for a specific contract are to be presented in the format of an electronic catalogue.
(12)  Utilities may also award contracts based on a dynamic purchasing system in accordance with
paragraphs (7)(b) and (8) to (10) provided that the request to participate in the dynamic purchasing
system is accompanied by an electronic catalogue in accordance with the technical specifications
and format established by the utility.
(13)  For the purposes of paragraph (12), the catalogue shall be completed subsequently by the
candidates, when they are informed of the utility's intention to constitute tenders by means of the
procedure set out in paragraph (7)(b).
Centralised purchasing activities and central purchasing bodies
55.—(1)  Utilities may acquire works, supplies and services, or any one or more of them, from a
central purchasing body offering the centralised purchasing activity referred to in paragraph (10)(a).
(2)  Utilities may acquire works, supplies and services, or any one or more of them, by using—
(a)contracts awarded by a central purchasing body,
(b)dynamic purchasing systems operated by a central purchasing body or,
(c)a framework agreement concluded by a central purchasing body offering the centralised
purchasing activity referred to in paragraph (10)(b).
(3)  Where a dynamic purchasing system which is operated by a central purchasing body may be
used by other utilities, this shall be mentioned in the call for competition setting up that dynamic
purchasing system.
(4)  A utility fulfils its obligations under these Regulations when it acquires supplies or
services from a central purchasing body offering the centralised purchasing activity referred to in
paragraph (10)(a).
(5)  A utility also fulfils its obligations under these Regulations where it acquires works, supplies
or services by using—
(a)contracts awarded by the central purchasing body;
(b)dynamic purchasing systems operated by the central purchasing body or;
(c)a framework agreement concluded by the central purchasing body offering the centralised
purchasing activity referred to in paragraph (10)(b).
(6)  However, the utility concerned shall be responsible for fulfilling the obligations imposed by
these Regulations in respect of any parts of the procedure that it conducts itself, such as—
(a)awarding a contract under a dynamic purchasing system which is operated by a central
purchasing body; or
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(b)conducting a reopening of competition under a framework agreement that has been
concluded by a central purchasing body.
(7)  All procurement procedures conducted by a central purchasing body shall be performed using
electronic means of communication, in accordance with the requirements set out in regulation 40.
(8)  Utilities may, without applying the procedures provided for in these Regulations, award a
service contract for the provision of centralised purchasing activities to a central purchasing body.
(9)  Such service contracts may also include the provision of ancillary purchasing activities.
(10)  In these Regulations, “centralised purchasing activities” means activities conducted on a
permanent basis in one of the following forms—
(a)the acquisition of supplies or services, or both, intended for utilities;
(b)the award of contracts or the conclusion of framework agreements for works, supplies or
services intended for utilities.
(11)  Procurement carried out by a central purchasing body in order to perform centralised
purchasing activities shall be deemed to be procurement for the pursuit of an activity referred to in
regulations 9 to 15.
Occasional joint procurement
56.—(1)  Two or more utilities may agree to perform certain specific procurements jointly.
(2)  Where the conduct of the procurement procedure in its entirety is carried out jointly in the
name and on behalf of all the utilities concerned, they shall be jointly responsible for fulfilling their
obligations under these Regulations.
(3)  Such joint responsibility applies also in cases where one utility manages the procurement
procedure, acting on its own behalf and on the behalf of the other utilities concerned.
(4)  Where the conduct of a procurement procedure is not in its entirety carried out in the name
and on behalf of the utility concerned—
(a)they shall be jointly responsible only for those parts carried out jointly, and
(b)each utility shall have sole responsibility for fulfilling its obligations under these
Regulations in respect of the parts it conducts in its own name and on its own behalf.
Procurement involving utilities from other member States
57.—(1)  Without prejudice to regulations 28 to 31, utilities may act jointly with utilities from
other member States in the award of contracts by using one of the means provided for in this
regulation.
(2)  Utilities shall not use the means provided for in this regulation for the purpose of avoiding
the application of mandatory public law provisions in the law of the jurisdiction to which they are
subject, where those provisions are in conformity with EU law.
Centralised purchasing
(3)  Utilities shall be free to use centralised purchasing activities offered by central purchasing
bodies located in another member State.
(4)  The provision of centralised purchasing activities by a central purchasing body located in
another member State shall be conducted in accordance with the national provisions of the member
State where the central purchasing body is located.
(5)  The national provisions of the member State where the central purchasing body is located
shall also apply to the following—
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(a)the award of a contract under a dynamic purchasing system;
(b)the conduct of a reopening of competition under a framework agreement.
Joint procurement
(6)  In the circumstances set out in paragraph (7), utilities may—
(a)award a contract, conclude a framework agreement or operate a dynamic purchasing
system jointly with utilities from other member States; and
(b)award contracts based on the framework agreement or on the dynamic purchasing system.
(7)  The circumstances are that—
(a)there is an agreement that determines—
(i)the responsibilities of the parties and the relevant applicable national provisions, and
(ii)the internal organisation of the procurement procedure, including the management
of the procedure, the distribution of the works, supplies or services to be procured,
and the conclusion of contracts; and
(b)the allocation of responsibilities and the applicable national law were referred to in the
procurement documents.
(8)  For the purposes of paragraph (7)(a)—
(a)the agreement may be—
(i)an agreement made between the participating utilities, or
(ii)an international agreement concluded between the member States concerned; and
(b)the agreement may have allocated specific responsibilities among the participating utilities
and determined the applicable provisions of the national laws of any of their respective
member States.
(9)  In procurements under paragraph (6)—
(a)the other provisions of these Regulations apply only where they are the applicable national
provisions determined by an agreement referred to in paragraph (7)(a); and
(b)where the provisions of these Regulations do apply, a utility fulfils its obligations under
these Regulations when it purchases works, supplies or services from a utility which is
responsible for the procurement procedure
Joint entities
(10)  Utilities may, with utilities from other member States, set up joint entities for the purposes
of paragraph (1), subject to compliance with paragraph (11).
(11)  This paragraph is complied with if, before undertaking any given procurement, the
participating utilities, by a decision of the competent body of the joint entity, have agreed on the
applicable national procurement rules of one of the following member States—
(a)the member State where the joint entity has its registered office;
(b)the member State where the joint entity is carrying out its activities.
(12)  The agreement may either apply for an undetermined period, when fixed in the constitutive
act of the joint entity, or may be limited to a certain period of time, certain types of contracts or to
one or more individual contract awards.
(13)  The other provisions of these Regulations apply to procurement by the joint entity only
where they are the national provisions applicable in accordance with paragraphs (11) and (12).
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(14)  In this regulation, “joint entity”, includes European Groupings of territorial cooperation
under Regulation (EC) no. 1082/2006 of the European Parliament and the Council F33 and other
entities established under EU law.
Meaning of certain expressions in relation to other member States
(15)  In this regulation—
“central purchasing body located in another member State” means any person which is a central
purchasing body for the purpose of the Utilities Contracts Directive in the member State in
which it is located;
“utilities from another member State” means any person which is a utility for the purposes
of the Utilities Contracts Directive in a member State other than the United Kingdom; and
references to “participating utilities” shall, to the extent that they are from another member
State, be interpreted accordingly.
F33 OJ No L 210, 31.7.2006, p19, amended by Regulation (EU) No 1302/2013 of the European Parliament
and of the Council (OJ No L 347, 20.12.2013, p303).
CHAPTER 3
Conduct of the procedure
SECTION 1
Preparation
Preliminary market consultations
58.—(1)  Before commencing a procurement procedure, utilities may conduct market
consultations with a view to preparing the procurement and informing economic operators of their
procurement plans and requirements.
(2)  For this purpose, utilities may for example seek or accept advice from independent experts
or authorities or from market participants.
(3)  Such advice may be used in the planning and conduct of the procurement procedure, provided
that it does not have the effect of distorting competition and does not result in a violation of the
principles of non-discrimination and transparency.
Prior involvement of candidates or tenderers
59.—(1)  Where a candidate or tenderer, or an undertaking related to a candidate or tenderer—
(a)has advised the utility, whether in the context of regulation 58 or not; or
(b)has otherwise been involved in the preparation of the procurement procedure,
the utility shall take appropriate measures to ensure that competition is not distorted by the
participation of that candidate or tenderer.
(2)  Such measures shall include—
(a)the communication to the other candidates and tenderers of relevant information
exchanged in the context of or resulting from the involvement of the candidate or tenderer
in the preparation of the procurement procedure; and
(b)the fixing of adequate time limits for the receipt of tenders.
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(3)  The candidate or tenderer concerned shall only be excluded from the procedure where there
are no other means to ensure compliance with the duty to treat economic operators equally in
accordance with regulation 36(1).
(4)  Prior to any such exclusion, candidates or tenderers shall be given the opportunity to prove that
their involvement in preparing the procurement procedure is not capable of distorting competition.
(5)  The measures taken under this regulation shall be documented in accordance with
regulation 99.
Technical specifications
60.—(1)  The technical specifications shall be set out in the procurement documents.
Scope of the technical specifications
(2)  The technical specifications shall lay down the characteristics required of works, services
or supplies.
(3)  In these Regulations, “technical specification” means—
(a)in the case of works contracts, the totality of the technical prescriptions contained in the
procurement documents, defining the characteristics required of a material, product or a
supply, which permits a material, a product or a supply to be described in a manner such
that it fulfils the use for which it is intended by the utility;
(b)in the case of service or supply contracts, a specification in a document defining the
required characteristics of a product or a service, such as quality levels, environmental
and climate performance levels, design for all requirements (including accessibility for
disabled persons) and conformity assessment, performance, use of the product, safety or
dimensions, including requirements relevant to the product as regards the name under
which the product is sold, terminology, symbols, testing and test methods, packaging,
marking and labelling, user instructions, production processes and methods at any stage
of the life cycle of the supply or service and conformity assessment procedures.
(4)  The characteristics referred to in paragraph (3)(a) may include—
(a)levels of environmental and climate performance, design for all requirements (including
accessibility for disabled persons) and conformity assessment, performance, safety or
dimensions, including the procedures concerning quality assurance, terminology, symbols,
testing and test methods, packaging, marking and labelling, user instructions, and
production processes and methods at any stage of the life cycle of the works;
(b)rules relating to design and costing, the test, inspection and acceptance conditions for
works and methods or techniques of construction and all other technical conditions which
the utility is in a position to prescribe, under general or specific regulations, in relation to
the finished works and to the materials or parts which they involve.
(5)  For the purposes of paragraph (3), the required characteristics may also refer to—
(a)the specific process or method of production or provision of the requested works, supplies
or services; or
(b)a specific process for another stage of its life cycle,
even where such factors do not form part of their material substance, provided that they are linked
to the subject-matter of the contract and proportionate to its value and its objectives.
(6)  The technical specifications may also specify whether the transfer of intellectual property
rights will be required.
Formulating the technical specifications
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(7)  For all procurement which is intended for use by natural persons, whether the general public
or staff of the utility, the technical specifications shall, except in duly justified cases, be drawn up
so as to take into account accessibility criteria for persons with disabilities or design for all users.
(8)  Where mandatory accessibility requirements are adopted by a legal act of the EU, technical
specifications shall, as far as accessibility criteria for persons with disabilities or design for all users
are concerned, be defined by reference thereto.
(9)  Technical specifications shall afford equal access of economic operators to the procurement
procedure and shall not have the effect of creating unjustified obstacles to the opening up of public
procurement to competition.
(10)  Without prejudice to mandatory national technical rules, to the extent that they are
compatible with EU law, the technical specifications shall be formulated in one of the following
ways—
(a)in terms of performance or functional requirements, including environmental
characteristics, provided that the parameters are sufficiently precise to allow tenderers to
determine the subject-matter of the contract and to allow utilities to award the contract;
(b)by reference to technical specifications and, in order of preference, to—
(i)national standards transposing European standards;
(ii)European Technical Assessments;
(iii)common technical specifications;
(iv)international standards;
(v)other technical reference systems established by the European standardisation
bodies; or
(vi)when none of the above exist, national standards, national technical approvals or
national technical specifications relating to the design, calculation and execution of
the works and use of the supplies,
but each reference shall be accompanied by the words “or equivalent”;
(c)in terms of performance or functional requirements referred to in sub-paragraph (a), with
reference to the technical specifications referred to in sub-paragraph (b) as a means of
presuming conformity with such performance or functional requirements;
(d)by reference to the technical specifications referred to in sub-paragraph (b) for certain
characteristics, and by reference to the performance or functional requirements referred to
in sub-paragraph (a) for other characteristics .
(11)  Unless justified by the subject-matter of the contract, technical specifications shall not refer
to a specific make or source, or to a particular process which characterises the products or services
provided by a specific economic operator, or to trade marks, patents, types or a specific origin or
production with the effect of favouring or eliminating certain undertakings or certain products.
(12)  But such reference shall be permitted on an exceptional basis, where a sufficiently precise
and intelligible description of the subject-matter of the contract in accordance with paragraph (10)
is not possible, in which case the reference shall be accompanied by the words “or equivalent”.
Applying the technical specifications
(13)  Where a utility uses the option of referring to the technical specifications referred to in
paragraph (10)(b), it shall not reject a tender on the ground that the works, supplies or services
tendered for do not comply with the technical specifications to which it has referred, once the
tenderer proves in its tender, by any appropriate means, including the means of proof referred to in
regulation 62, that the solutions proposed satisfy in an equivalent manner the requirements defined
by the technical specifications.
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(14)  Where a utility uses the option provided for in paragraph (10)(a) to formulate technical
specifications in terms of performance or functional requirements, it shall not reject a tender for
works, supplies or services which comply with a national standard transposing a European standard,
a European technical approval, a common technical specification, an international standard or a
technical reference system established by a European standardisation body, where those address the
performance or functional requirements which it has laid down.
(15)  In its tender, the tenderer shall prove by any appropriate means including those referred to in
regulation 62, that the work, supply or service in compliance with the standard meets the performance
or functional requirements of the utility.
(16)  In this regulation—
“common technical specification” means a technical specification in the field of information
and communication technology laid down in accordance with Articles 13 and 14 of Regulation
(EU) 1025/2012 of the European Parliament and of the Council F34 as amended from time to
time;
“European Technical Assessment” means the documented assessment of the performance
of a construction product, in relation to its essential characteristics, in accordance with the
respective European Assessment Document as defined in point 12 of Article 2 of Regulation
(EU) No 305/2011 of the European Parliament and the Council F35 as amended from time to
time;
“technical reference” means any deliverable produced by European standardisation bodies,
other than European standards, according to procedures adapted to the development of market
needs.
F34 OJ No L 316, 14.11.2012, p12.
F35 OJ No L 88, 4.4.2011,p5, last amended by Directive 2014/68/EU of the European Parliament and of
the Council (OJ No L 189, 27.6.2014,p164).
Labels
61.—(1)  Where utilities intend to purchase works, supplies or services with specific
environmental, social or other characteristics they may, in the technical specifications, the award
criteria or the contract performance conditions, require a specific label as means of proof that
the works, supplies or services correspond to the required characteristics, provided that all of the
following conditions are fulfilled—
(a)the label requirements only concern criteria which are linked to the subject-matter of the
contract and are appropriate to define the characteristics of the works, supplies or services
that are the subject-matter of the contract;
(b)the label requirements are based on objectively verifiable and non-discriminatory criteria;
(c)the labels are established in an open and transparent procedure in which all relevant
stakeholders, including government bodies, consumers, social partners, manufacturers,
distributors and non-governmental organisations, may participate;
(d)the labels are accessible to all interested parties;
(e)the label requirements are set by a third party over which the economic operator applying
for the label cannot exercise a decisive influence.
(2)  Where utilities do not require the works, supplies or services to meet all of the label
requirements, they shall indicate which label requirements are required.
(3)  Utilities requiring a specific label shall accept all labels that confirm that the works, supplies
or services meet equivalent label requirements.
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(4)  Where an economic operator had demonstrably no possibility of obtaining the specific label
indicated by the utility, or an equivalent label, within the relevant time limits for reasons that are
not attributable to that economic operator, the utility shall accept other appropriate means of proof,
which may include a technical dossier of the manufacturer, provided that the economic operator
concerned proves that the works, supplies or services to be provided by it fulfil the requirements of
the specific label or the specific requirements indicated by the utility.
(5)  Where a label fulfils the conditions mentioned in paragraph (1)(b), (c), (d) and (e) but also sets
out requirements not linked to the subject-matter of the contract, utilities shall not require the label
as such but may define the technical specification by reference to those of the detailed specifications
of that label, or, where necessary, parts of it, that are linked to the subject-matter of the contract and
are appropriate to define characteristics of that subject-matter.
Test reports, certification and other means of proof
62.—(1)  Utilities may require that economic operators provide a test report from a conformity
assessment body or a certificate issued by such a body as means of proof of conformity with
requirements or criteria set out in the technical specifications, the award criteria or the contract
performance conditions.
(2)  Where utilities require the submission of certificates drawn up by a specific conformity
assessment body, certificates from equivalent other conformity assessment bodies shall also be
accepted by the utilities.
(3)  In paragraphs (1) and (2), a “conformity assessment body” means a body that
performs conformity assessment activities including calibration, testing, certification and inspection
accredited in accordance with Regulation (EC) No. 765/2008  of the European Parliament and the
Council F36.
(4)  Utilities shall accept appropriate means of proof other than those referred to in paragraphs
(1) and (2), such as a technical dossier of the manufacturer, where the economic operator concerned
had no access to the certificates or test reports referred to in paragraphs (1) and (2), or no possibility
of obtaining them within the relevant time limits, provided that—
(a)the lack of access is not attributable to the economic operator concerned, and
(b)the economic operator concerned thereby proves that the works, supplies or services meet
the requirements or criteria set out in the technical specifications, the award criteria or the
contract performance conditions.
F36 OJ No. L 218, 13.8.2008, p30.
Communication of technical specifications
63.—(1)  On request from economic operators interested in obtaining a contract, utilities shall
make available—
(a)the technical specifications regularly referred to in their supply, works or service contracts;
or
(b)the technical specifications which they intend to apply to contracts for which the call for
competition is a periodic indicative notice.
(2)  Subject to paragraph (3), the technical specifications referred to in paragraph (1) shall be
made available by electronic means of communication through unrestricted and full direct access
free of charge.
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(3)  Technical specifications shall be transmitted by means other than electronic means where
unrestricted and full direct access free of charge by electronic means to certain procurement
documents cannot be offered—
(a)for one of the reasons set out in regulation 40(3), or
(b)because the utilities intend to apply regulation 39(3).
(4)  Where the technical specifications are based on documents available by electronic means
through unrestricted and full direct access free of charge to interested economic operators, the
inclusion of a reference to those documents shall be sufficient.
Variants
64.—(1)  Utilities may authorise or require tenderers to submit variants which meet the minimum
requirements specified by those utilities.
(2)  Utilities shall indicate in the procurement documents whether or not they authorise or require
variants.
(3)  Utilities authorising or requiring variants shall indicate in the procurement documents the
minimum requirements to be met by the variants and any specific requirements for their presentation,
in particular whether variants may be submitted only where a tender, which is not a variant, has also
been submitted.
(4)  Utilities shall ensure that the chosen award criteria can be applied to variants meeting those
minimum requirements as well as to conforming tenders which are not variants.
(5)  In procedures for awarding supply or service contracts, utilities that have authorised or
required variants shall not reject a variant on the sole ground that it would, where successful, lead
either to a service contract rather than a supply contract or to a supply contract rather than a service
contract.
Division of contracts into lots
65.—(1)  Utilities may decide to award a contract in the form of separate lots and may determine
the size and subject-matter of such lots.
(2)  Utilities shall indicate—
(a)in the contract notice;
(b)in the invitation to confirm interest; or
(c)where the means of calling for competition is a notice on the existence of a qualification
system, in the invitation to tender or to negotiate,
whether tenders may be submitted for one, for several or for all of the lots.
(3)  Utilities may, even where tenders may be submitted for several or all lots, limit the number
of lots that may be awarded to one tenderer provided that the maximum number of lots per tenderer
is stated in—
(a)the contract notice; or
(b)the invitation to confirm interest, to tender or to negotiate.
(4)  Utilities shall indicate in the procurement documents the objective and non-discriminatory
criteria or rules they intend to apply for determining which lots will be awarded where the application
of the award criteria would result in one tenderer being awarded more lots than the maximum number.
(5)  Where more than one lot may be awarded to the same tenderer, utilities may award a contract
combining several or all lots where they have specified in the—
(a)contract notice; or
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(b)in the invitation to confirm interest, to tender or to negotiate,
that they reserve the possibility of doing so and indicate the lots or groups of lots that may be
combined.
Setting time limits
66.—(1)  When fixing the time limits for requests to participate and the receipt of tenders, utilities
shall take particular account of the complexity of the contract and the time required for drawing up
tenders, without prejudice to the minimum time limits set out in regulations 45 to 49.
(2)  Where tenders can be made only after a visit to the site or after on-the-spot inspection of
documents supporting the procurement documents, the time limits for the receipt of tenders, which
shall be longer than the minimum time limits set out in regulations 45 to 49, shall be fixed so that
all economic operators concerned may be aware of all the information needed to produce tenders.
(3)  Utilities shall extend the time limits for the receipt of tenders so that all economic operators
concerned may be aware of all the information needed to produce tenders in the following cases—
(a)where, for whatever reason, additional information, although requested by the economic
operator in good time, is not supplied at the latest 6 days before the time limit fixed for
receipt of tenders;
(b)where significant changes are made to the procurement documents.
(4)  The length of the extension shall be proportionate to the importance of the information or
change.
(5)  In the case of an accelerated open procedure, the period mentioned in paragraph (3)(a) shall
be 4 days.
(6)  Where additional information has either not been requested in good time or its importance
with a view to preparing responsive tenders is insignificant, utilities are not required to extend the
time limits.
SECTION 2
Publication and transparency
Periodic indicative notices
67.—(1)  Utilities may make known their intentions of planned procurements through the
publication of a periodic indicative notice.
(2)  Such notices shall contain the information set out in part A, section I of Annex VI to the
Utilities Contracts Directive.
(3)  A utility wishing to publish a periodic indicative notice shall—
(a)send it for publication in accordance with regulation 71; or
(b)publish it on the utility's buyer profile in accordance with regulation 72.
(4)  Where the periodic indicative notice is published by the utility on its buyer profile the utility
shall send for publication, in accordance with regulation 71, a notice containing the information set
out in Part B of Annex VI to the Utilities Contracts Directive.
(5)  When a call for competition is made by means of a periodic indicative notice in respect
of restricted procedures and negotiated procedures with prior call for competition and competitive
dialogue, the notice shall meet all the following requirements—
(a)it refers specifically to the supplies, works or services that will be the subject of the contract
to be awarded;
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(b)it indicates that the contract will be awarded by restricted or negotiated procedure or
competitive dialogue without further publication of a call for competition and invites
interested economic operators to express their interest;
(c)it contains, in addition to the information set out in section I of Part A of Annex VI to the
Utilities Contracts Directive, the information set out section II of Part A;
(d)it has been sent for publication between 35 days and 12 months prior to the date on which
the invitation to confirm interest is sent for the purposes of regulation 74(1) or (2).
(6)  Where paragraph (5) applies, paragraph (3)(b) shall not apply to the notice, but additional
publication at national level under regulation 52, if any, may be made on a buyer profile.
(7)  The period covered by the periodic indicative notice shall be a maximum of 12 months from
the date on which the notice is transmitted for publication.
(8)  In the case of contracts for social and other specific services, the periodic indicative notice
referred to in regulation 91(1)(b) may cover a period which is longer than 12 months.
Notices on the existence of a qualification system
68.—(1)  Where utilities choose to set up a qualification system in accordance with regulation 77,
the system shall be the subject of a notice which shall include the information set out in Annex X to
the Utilities Contracts Directive, indicating the purpose of the qualification system and how to have
access to the rules concerning its operation.
(2)  Utilities shall indicate the period of validity of the qualification system in the notice on the
existence of the system.
(3)  Utilities shall notify the EU Publications Office of any change in the period of validity, using
the following standard forms—
(a)where the period of validity is changed without terminating the system, the form for notices
on the existence of qualification systems;
(b)where the system is terminated, a contract award notice referred to in regulation 70.
Contract notices
69.Contract notices shall contain the information set out in the relevant part of Annex XI to the
Utilities Contracts Directive and shall be sent for publication in accordance with regulation 71.
Contract award notices
70.—(1)  Not later than 30 days after the award of a contract or the conclusion of a framework
agreement, following the decision to award or conclude it, utilities shall send for publication a
contract award notice on the results of the procurement procedure.
(2)  Such notices shall contain the information set out in Annex XII to the Utilities Contracts
Directive and shall be sent for publication in accordance with regulation 71.
(3)  Where the call for competition for the contract concerned has been made in the form of a
periodic indicative notice and the utility has decided that it will not award further contracts during
the period covered by the periodic indicative notice, the contract award notice shall contain a specific
indication to that effect.
(4)  In the case of framework agreements, utilities shall not be bound to send a notice of the results
of the procurement procedure for each contract based on such an agreement.
(5)  In the case of dynamic purchasing systems, utilities shall either—
(a)send a contract award notice within 30 days after the award of each contract based on a
dynamic purchasing system; or
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(b)group such notices on a quarterly basis, in which case they shall send the grouped notices
within 30 days of the end of each quarter.
(6)  Certain information on the contract award or the conclusion of the framework agreement may
be withheld from publication where its release—
(a)would impede law enforcement or would otherwise be contrary to the public interest;
(b)would prejudice the legitimate commercial interests of a particular economic operator,
whether public or private; or
(c)might prejudice fair competition between economic operators.
(7)  In the case of contracts for research and development services, the information concerning
the nature and quantity of the services may be limited to:—
(a)the indication “R & D services” where the contract has been awarded by a negotiated
procedure without a call for competition in accordance regulation 50(1)(b);
(b)information as least as detailed as was indicated in the notice that was used as a means
of calling for competition.
Form and manner of sending notices for publication at EU level
71.—(1)  The notices required by regulations 67 to 70, 88, 91 and 95 to be sent for publication
in accordance with this regulation shall be sent by electronic means to the EU Publications Office
for publication.
(2)  Utilities shall ensure that they are able to supply proof of the dates on which notices are sent
to the EU Publications Office for publication.
(3)  Where the EU Publications Office has given the utility confirmation of the receipt of the
notice and of the publication of the information sent, indicating the date of that publication, that
confirmation shall constitute proof of publication.
(4)  Utilities may send notices in respect of works, supply or service contracts to the EU
Publications Office for publication even where they are not required by these Regulations to do so,
provided that the notices are sent by electronic means.
(5)  The notices referred to in paragraphs (1) and (4), shall be in the format of the relevant standard
forms set out in Commission Implementing Regulation (EU) 2015/1986 F37 as amended from time
to time.
F37 OJ No L 296, 12.11.2015, p1.
Publication at national level
Publication on buyer profiles
72.—(1)  In addition to the publication of the notices referred to in regulations 67 to 70, 91 and
95 by the EU Publications Office, utilities may publish the information contained in them on the
internet on a buyer profile.
(2)  A buyer profile may also include (in addition to the periodic indicative notices referred to
in regulation 67(3)(b))—
(a)information on ongoing invitations to tender, scheduled purchases, contracts concluded,
procedures cancelled; and
(b)any useful general information, such as a contact point, a telephone and a facsimile number,
a postal address and an e-mail address.
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Timing and content of publication at national level
(3)  The notices referred to in regulations 67 to 70, 91 and 95, and the information contained in
them shall not be published at national level before they are published by the EU Publications Office.
(4)  But publication may in any event take place at the national level where utilities have not been
notified of the publication by the EU Publications Office within 48 hours after confirmation of the
receipt of the notice in accordance with Article 71(5) of the Utilities Contracts Directive.
(5)  Notices published at national level shall not contain information other than that contained in
the notices sent to the EU Publications Office or published on a buyer profile, but shall indicate the
date of sending of the notice to the EU Publications Office or its publication on the buyer profile.
(6)  Where a periodic indicative notice is to be published on a buyer profile for the purposes of
regulation 67(3)(b)—
(a)the periodic indicative notice may not be so published before the notice referred to in
regulation 67(4) is sent to the EU Publications Office; and
(b)the periodic indicative notice shall indicate the date of that sending.
Electronic availability of procurement documents
73.—(1)  Utilities shall, by means of the internet, offer unrestricted and full direct access free of
charge to the procurement documents from the date of publication in the Official Journal of a notice
in accordance with regulation 71 or the date on which an invitation to confirm interest is sent.
(2)  But where the means of calling for competition is a notice on the existence of a qualification
system, the access referred to in paragraph (1) shall be offered as soon as possible and at the latest
when the invitation to tender or to negotiate is sent.
(3)  The text of the notice or of the invitation shall specify the internet address at which the
procurement documents are accessible.
(4)  Where unrestricted and full direct access free of charge to certain procurement documents
cannot be offered by means of the internet for one of the reasons set out in regulation 40(3), utilities
may indicate in the notice or the invitation to confirm interest that the procurement documents
concerned will be transmitted by means other than the internet in accordance with paragraphs (7)
and (8).
(5)  Where unrestricted and full direct access free of charge to certain procurement documents
cannot be offered by means of the internet because utilities intend to apply regulation 39(3), utilities
shall indicate in—
(a)the notice;
(b)the invitation to confirm interest; or
(c)where the means of calling for competition is a notice on the existence of a qualification
system, the procurement documents,
which measures aimed at protecting the confidential nature of the information they require and how
access can be obtained to the documents concerned.
(6)  In the cases referred to in paragraphs (4) and (5), the time limit for the submission of tenders
shall be prolonged by 5 days, except—
(a)in the cases of duly substantiated urgency referred to in regulation 45(5), and
(b)where the time limit is set by mutual agreements in accordance with regulations 46(5) or
47(5).
(7)  Provided that it has been requested in good time, utilities shall supply to all tenderers taking
part in the procurement procedure additional information relating to the specifications and any
supporting documents no later than 6 days before the time limit fixed for the receipt of tenders.
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(8)  In the case of an accelerated open procedure, the period mentioned in paragraph (7) shall
be 4 days.
Invitations to candidates
74.—(1)  In restricted procedures, competitive dialogue procedures, innovation partnerships and
negotiated procedures with prior call for competition, utilities shall simultaneously and in writing
invite the selected candidates to submit their tenders, to take part in the dialogue or to negotiate.
(2)  Where a periodic indicative notice is used as a call for competition in accordance with
regulation 44(4)(a), utilities shall simultaneously and in writing invite the economic operators which
have expressed their interest to confirm their continuing interest.
(3)  The invitations required by paragraphs (1) and (2) shall—
(a)include a reference to the electronic address at which the procurement documents have
been made directly available by electronic means, and
(b)be accompanied by the procurement documents, where those documents have not been
the subject of unrestricted and full direct access, free of charge, for the reasons referred to
in regulation 73(4) or (5) and have not been made otherwise available.
(4)  The invitations required by paragraph (1) shall also contain at least the following
information—
(a)the final date for receipt of tenders, the address to which they are to be sent and the language
or languages in which they are to be drawn up;
(b)in the case of competitive dialogue, the date and the address set for the start of consultation
and the language or languages to be used;
(c)a reference to any published call for competition;
(d)an indication of any documents to be attached;
(e)the criteria for the award of the contract, where they are not indicated in the notice on the
existence of a qualification system used as a means of calling for competition;
(f)the relative weighting of the contract award criteria or, where appropriate, the order of
importance of such criteria, if this information is not given in the contract notice, the notice
on the existence of a qualification system or the specifications.
(5)  But in the case of contracts awarded through a competitive dialogue or an innovation
partnership, the information referred to in paragraph (4)(a) shall not appear in the invitation to
negotiate but it shall appear in the invitation to submit a tender.
(6)  The invitations required by paragraph (2) shall also contain at least the following
information—
(a)nature and quantity, including all options concerning complementary contracts and, where
possible, the estimated time available for exercising those options for renewable contracts,
the nature and quantity and, where possible, the estimated publication dates of future
notices of competition for works, supplies or services to be put out to tender;
(b)type of procedure, namely restricted procedure or negotiated procedure or competitive
dialogue;
(c)where applicable, the date on which the delivery of supplies or the execution of works or
services is to commence or terminate;
(d)where electronic access cannot be offered, the address and closing date for the submission
of requests for procurement documents and the language or languages in which they are
to be drawn up;
(e)the address of the utility;
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(f)economic and technical conditions, financial guarantees and information required from
economic operators;
(g)the form of the contract which is the subject of the invitation to tender, namely, purchase,
lease, hire or hire-purchase, or any combination of those; and
(h)the contract award criteria and their weighting or, where appropriate, the order of
importance of such criteria, where this information is not given in the indicative notice or
the specifications or in the invitation to tender or to negotiate.
Informing applicants for qualification, candidates and tenderers
75.—(1)  Utilities shall as soon as possible inform each candidate and tenderer of decisions
reached concerning the conclusion of a framework agreement, the award of a contract, or admittance
to a dynamic purchasing system, including the grounds for any decision—
(a)not to conclude a framework agreement;
(b)not to award a contract for which there has been a call for competition;
(c)to recommence the procedure; or
(d)not to implement a dynamic purchasing system.
(2)  On request from the candidate or tenderer concerned, a utility shall, as soon as possible, and
in any event within 15 days from receipt of a written request, inform—
(a)any unsuccessful candidate of the reasons for the rejection of its request to participate;
(b)any unsuccessful tenderer of the reasons for the rejection of its tender, including, for
the cases referred to in regulation 60(14) and (15), the reasons for its decision of
non-equivalence or their decision that the works, supplies or services do not meet the
performance or functional requirements;
(c)any tenderer that has made an admissible tender of the characteristics and relative
advantages of the tender selected, as well as the name of the successful tenderer or the
parties to the framework agreement;
(d)any tenderer that has made an admissible tender of the conduct and progress of negotiations
and dialogue with tenderers.
(3)  Utilities may decide to withhold certain information referred to in paragraphs (1) and (2)
where the release of such information—
(a)would impede law enforcement or would otherwise be contrary to the public interest;
(b)would prejudice the legitimate commercial interests of a particular economic operator,
public or private; or
(c)might prejudice fair competition between economic operators.
Qualification systems
(4)  Utilities which establish and operate a system of qualification shall inform applicants of their
decision as to qualification within a period of 6 months.
(5)  If the decision will take longer than 4 months from the presentation of an application, the
utility shall inform the applicant, within 2 months of the application, of the reasons justifying the
longer period and of the date by which his application will be accepted or refused.
(6)  Applicants whose qualification is refused shall be informed of the refusal decision and the
reasons for that decision as soon as possible and no more than 15 days later than the date of the
refusal decision.
(7)  The reasons shall be based on the criteria for qualification referred to in regulation 77(4).
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(8)  Utilities which establish and operate a system of qualification may bring the qualification of
an economic operator to an end only for reasons based on the criteria for qualification referred to
in regulation 77(3) to (6).
(9)  Any intention to bring the qualification to an end shall be notified in writing to the economic
operator at least 15 days before the date on which the qualification is due to end, together with the
reason or reasons justifying the proposed action.
SECTION 3
Choice of participants and award of contracts
General principles
76.—(1)  For the purpose of selecting participants in their procurement procedures, the following
rules shall apply—
(a)utilities which have provided rules and criteria for the exclusion of tenderers or candidates
in accordance with regulations 78(1) or 80(1), shall exclude economic operators identified
in accordance with such rules and fulfilling such criteria;
(b)utilities shall select tenderers and candidates in accordance with the objective rules and
criteria mentioned in regulations 78 and 80;
(c)utilities shall, where appropriate and in accordance with regulation 78(3) and (4), reduce
the number of candidates selected in accordance with paragraphs (a) and (b) in:—
(i)restricted procedures;
(ii)negotiated procedures with a call for competition;
(iii)competitive dialogues; and
(iv)innovation partnerships.
(2)  When a call for competition is made by means of a notice on the existence of a qualification
system and for the purpose of selecting participants in procurement procedures for the specific
contracts which are the subject of the call for competition, utilities shall—
(a)qualify economic operators in accordance with regulation 77;
(b)apply to such qualified economic operators those provisions of paragraph (1) that are
relevant to restricted or negotiated procedures, to competitive dialogues or to innovation
partnerships.
(3)  When selecting participants for a restricted or negotiated procedure, a competitive dialogue
or an innovation partnership, in reaching their decision as to qualification or when the criteria and
rules are being updated, utilities shall not—
(a)impose administrative, technical or financial conditions on certain economic operators
which would not be imposed on others;
(b)require tests or evidence which would duplicate objective evidence already available.
(4)  Where information or documentation to be submitted by economic operators is or appears
to be incomplete or erroneous, or where specific documents are missing, utilities may request the
economic operators concerned to submit, supplement, clarify or complete the relevant information
or documentation within an appropriate time limit, provided that such requests are made in full
compliance with the principles of equal treatment and transparency.
(5)  Utilities shall verify that the tenders submitted by the selected tenderers comply with the rules
and requirements applicable to tenders and award the contract on the basis of the criteria laid down
in regulations 82 and 84, taking into account regulation 64.
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(6)  Utilities may decide not to award a contract to the tenderer submitting the best tender where
they have established that the tender does not comply with applicable obligations in the fields of
environmental, social and labour law established by EU law, national law, collective agreements
or by the international environmental, social and labour law provisions listed in Annex XIV to the
Utilities Contracts Directive as amended from time to time.
(7)  In open procedures, utilities may decide to examine tenders before verifying the suitability
of tenderers, provided that the relevant provisions of this regulation and regulations 77 to 84 are
observed.
SUB-SECTION 1 Qualification and qualitative selection
Qualification systems
77.—(1)  Utilities may establish and operate a system of qualification of economic operators.
(2)  Utilities which establish or operate a system of qualification shall ensure that economic
operators are at all times able to request qualification.
(3)  The system under paragraph (1) may involve different qualification stages.
(4)  Utilities shall establish objective rules and criteria for—
(a)the exclusion and selection of economic operators requesting qualification; and
(b)the operation of the qualification system, covering matters such as—
(i)inscription in the system;
(ii)periodic updating of the qualifications, if any; and
(iii)the duration of the system.
(5)  Where the rules and criteria referred to in paragraph (4) include technical specifications,
regulations 60 to 62 shall apply.
(6)  The rules and criteria referred to in paragraph (4)—
(a)shall be made available to economic operators upon request;
(b)may be updated as required and if so, shall be communicated to interested economic
operators
(7)  Where a utility considers that the qualification system of certain other utilities or other bodies
meets its requirements, it shall communicate the names of those utilities and bodies to interested
economic operators.
(8)  A written record of qualified economic operators shall be kept and may be divided into
categories according to type of contract for which the qualification is valid.
(9)  When a call for competition is made by means of a notice on the existence of a qualification
system, specific contracts for the works, supplies or services covered by the qualification system
shall be awarded by restricted or negotiated procedure or by a competitive dialogue or innovation
partnership, in which all tenderers and participants are selected among the candidates already
qualified in accordance with such a system.
(10)  Any charges that are billed in connection with requests for qualification or with updating or
conserving an already obtained qualification in accordance with the system shall be proportionate
to the generated costs.
Criteria for qualitative selection
78.—(1)  Utilities may establish objective rules and criteria for the exclusion and selection of
tenderers or candidates.
(2)  Those rules and criteria shall be available to interested economic operators.
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(3)  Where utilities need to ensure an appropriate balance between the particular characteristics
of the procurement procedure and the resources required to conduct it, they may, in restricted and
negotiated procedures, in competitive dialogues or in innovation partnerships, establish objective
rules and criteria that reflect that need and enable utilities to reduce the number of candidates that
will be invited to tender or to negotiate.
(4)  Utilities shall take account of the need to ensure adequate competition when selecting the
number of candidates.
Reliance on the capacities of other entities
79.—(1)  Where the objective rules and criteria for the exclusion and selection of—
(a)economic operators requesting qualification in a qualification system; or
(b)candidates and tenderers in open, restricted or negotiated procedures, in competitive
dialogues or in innovation partnerships,
include requirements relating to the economic and financial capacity of the economic operator,
or its technical and professional abilities, the economic operator may, where necessary, rely on
the capacities of other entities, regardless of the legal nature of the links which it has with them,
subject to the following provisions of this regulation.
(2)  With regard to criteria relating to the educational and professional qualifications of the service
provider or contractor or those of the undertaking's managerial staff or to relevant professional
experience, economic operators may however only rely on the capacities of other entities where the
latter will perform the works or services for which these capacities are required.
(3)  Where an economic operator wants to rely on the capacities of other entities, it shall prove to
the utility that the necessary resources will be available to it, for example by producing a commitment
by those entities to that effect.
(4)  For the purposes of paragraph (3), an economic operator requesting qualification in a
qualification system shall prove that the necessary resources will be available to it throughout the
period of validity of the qualification system.
(5)  Where, in accordance with regulation 80, utilities have referred to exclusion or selection
criteria provided for under the Public Contracts Regulations, utilities shall verify, in accordance with
regulation 80(4), whether the other entities on whose capacity the economic operator intends to rely
fulfil the relevant selection criteria or whether there are grounds for exclusion, to which the utilities
have referred, under regulation 57 of the Public Contracts Regulations and,
(a)the utility shall require that the economic operator replaces an entity in respect of which
there are compulsory grounds for exclusion to which the utility has referred; and
(b)the utility may require that the economic operator replaces an entity in respect of which
there are non-compulsory grounds for exclusion to which the utility has referred.
(6)  Where an economic operator relies on the capacities of other entities with regard to criteria
relating to economic and financial standing, the utility may require that the economic operator and
those entities be jointly liable for the execution of the contract.
(7)  A group of economic operators within the meaning of regulation 37(3) may rely on the
capacities of participants in the group or of other entities, and paragraphs (1) to (6) apply in relation
to such a group in the same way that they apply in relation to an economic operator.
(8)  In the case of works contracts, service contracts and siting or installation operations in the
context of a supply contract, utilities may require that certain critical tasks be performed directly
by the tenderer itself or, where the tender is submitted by a group of economic operators within the
meaning of regulation 37(3), by a participant in that group.
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Use of exclusion grounds and selection criteria provided for under the Public Contracts
Regulations
80.—(1)  The objective rules and criteria for the exclusion and selection of—
(a)economic operators requesting qualification in a qualification system; and
(b)candidates and tenderers in open, restricted or negotiated procedures, in competitive
dialogues or in innovation partnerships,
may include the exclusion grounds listed in regulation 57 of the Public Contracts Regulations on the
terms and conditions set out in those Regulations.
(2)  Where the utility is a contracting authority, the criteria and rules referred to in paragraph (1)
shall include the exclusion grounds listed in regulation 57(1) to (5) of the Public Contracts
Regulations on the terms and conditions set out in that regulation.
(3)  The criteria and rules referred to in paragraph (1) may include the selection criteria set out
in regulation 58 of the Public Contracts Regulations on the terms and conditions set out in that
regulation, notably as regards the limits to requirements concerning yearly turnovers, as provided
for under regulation 58(9) of those Regulations.
(4)  For the purposes of applying paragraphs (1), (2) and (3)—
(a)regulations 59 to 61 of the Public Contracts Regulations apply.
(b)regulations 57 to 61 and 65 of the Public Contracts Regulations shall have effect as though
a reference to a contracting authority in those regulations were a reference to a utility;
(c)references to regulations 56(2), 24 and 41 in regulation 57(8) of the Public
Contracts Regulations shall have effect as though such references are to, respectively,
regulations 76(6), 42 and 59 in these Regulations;
(d)references to regulations 62 and 63 in regulations 59 and 60 of the Public Contracts
Regulations shall have effect as though such references are to, respectively, regulations 81
and 79 in these Regulations;
(e)in regulation 59(9) of the Public Contracts Regulations, the words “where such contracts
are concluded in accordance with regulations 33(7) or 8(a)” shall be replaced with “ with
a single economic operator or where such contracts are concluded without reopening
competition in accordance with regulations 51 of the Utilities Contracts Regulations 2016.
”;
(f)in regulation 58(9) of the Public Contracts Regulations, the words “in the report referred
to in regulation 84(1).” shall be replaced with “ in the information and documentation
referred to in regulation 99 of the Utilities Contracts Regulations 2016. ” .
Quality assurance standards and environmental management standards
81.—(1)  Utilities shall, where they require the production of certificates drawn up by independent
bodies attesting that the economic operator complies with certain quality assurance standards,
including on accessibility for disabled persons, refer to quality assurance systems based on the
relevant European standards series certified by accredited bodies.
(2)  Utilities shall recognise equivalent certificates from bodies established in other member
States.
(3)  Utilities shall also accept other evidence of equivalent quality assurance measures where the
economic operator concerned had no possibility of obtaining such certificates within the relevant
time limits for reasons that are not attributable to that economic operator, provided that the economic
operator proves that the proposed quality assurance measures comply with the required quality
assurance standards.
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(4)  Where utilities require the production of certificates drawn up by independent bodies attesting
that the economic operator complies with certain environmental management systems or standards,
they shall refer to—
(a)the Eco-Management and Audit Scheme of the EU,
(b)other environmental management systems as recognised in accordance with Article 45 of
Regulation (EC) No 1221/2009  of the European Parliament and of the Council F38, or
(c)other environmental management standards based on the relevant European or
international standards by accredited bodies,
and shall recognise equivalent certificates from bodies established in other member States.
(5)  Where an economic operator had demonstrably no access to the certificates referred to
in paragraph (4), or no possibility of obtaining them within the relevant time limits for reasons
that are not attributable to that economic operator, the utility shall accept other evidence of
environmental management measures, provided that the economic operator proves that these
measures are equivalent to those required under the applicable environmental management system
or standard.
F38 OJ No L 342, 22.12.2009, p1, amended by Council Regulation 517/2013 (OJ No L 158, 10.6.2013,
p1).
SUB-SECTION 2 Award of the Contract
Contract award criteria
82.—(1)  Utilities shall base the award of contracts on the most economically advantageous tender
assessed from the point of view of the utility.
(2)  That tender shall be identified on the basis of the price or cost, using a cost-effectiveness
approach, such as life-cycle costing in accordance with regulation 83, and may include the best
price-quality ratio, which shall be assessed on the basis of criteria linked to the subject-matter of the
contract in question, such as any one or more of the following—
(a)qualitative aspects,
(b)environmental aspects, and
(c)social aspects.
(3)  Such criteria may comprise, for example:—
(a)quality, including technical merit, aesthetic and functional characteristics, accessibility,
design for all users, social, environmental and innovative characteristics and trading and
its conditions;
(b)organisation, qualification and experience of staff assigned to performing the contract,
where the quality of the staff assigned can have a significant impact on the level of
performance of the contract; or
(c)after-sales service and technical assistance, delivery conditions such as delivery date,
delivery process and delivery period or period of completion, commitments with regard
to parts and security of supply.
(4)  The cost element may also take the form of a fixed price or cost on the basis of which economic
operators will compete on quality criteria only.
(5)  Award criteria shall be considered to be linked to the subject-matter of the contract where
they relate to the works, supplies or services to be provided under that contract in any respect and
at any stage of their life-cycle, including factors involved in—
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(a)the specific process of production, provision or trading of those works, supplies or
services; or
(b)a specific process for another stage of their life-cycle,
even where such factors do not form part of their material substance.
(6)  Award criteria shall not have the effect of conferring an unrestricted freedom of choice on
the utility.
(7)  Award criteria shall—
(a)ensure the possibility of effective competition; and
(b)be accompanied by specifications that allow the information provided by the tenderers to
be effectively verified in order to assess how well the tenders meet the award criteria.
(8)  In case of doubt, utilities shall verify effectively the accuracy of the information and proof
provided by the tenderers.
Weighting
(9)  The utility shall specify in the procurement documents, the relative weighting which it gives
to each of the criteria chosen to determine the most economically advantageous tender, except where
this is identified on the basis of price alone.
(10)  Those weightings may be expressed by providing for a range with an appropriate maximum
spread.
(11)  Where weighting is not possible for objective reasons, the utility shall indicate the criteria
in descending order of importance.
Life-cycle costing
83.—(1)  Life-cycle costing shall, to the extent relevant, cover part or all of the following costs
over the life cycle of a product, service or works—
(a)costs, borne by the utility or other users, such as—
(i)costs relating to acquisition;
(ii)costs of use, such as consumption of energy and other resources;
(iii)maintenance costs;
(iv)end of life costs, such as collection and recycling costs;
(b)costs imputed to environmental externalities linked to the product, service or works during
its life cycle, provided their monetary value can be determined and verified.
(2)  The costs mentioned in paragraph (1)(b) may include the cost of emissions of greenhouse
gases and of other pollutant emissions and other climate change mitigation costs.
(3)  The method used for the assessment of costs imputed to environmental externalities shall
fulfil all of the following conditions—
(a)it is based on objectively verifiable and non-discriminatory criteria and, in particular,
where it has not been established for repeated or continuous application, it shall not unduly
favour or disadvantage certain economic operators;
(b)it is accessible to all interested parties;
(c)the data required can be provided with reasonable effort by normally diligent economic
operators, including economic operators from third countries party to the GPA or other
international agreements by which the EU is bound.
(4)  Where utilities assess the costs using a life-cycle costing approach, they shall indicate in the
procurement documents—
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(a)the data to be provided by the tenderers; and
(b)the method which the utility will use to determine the life-cycle costs on the basis of those
data.
(5)  Whenever a common method for the calculation of life-cycle costs has been made mandatory
by a legislative act of the EU, that common method shall be applied for the assessment of life-cycle
costs.
(6)  A list of such legislative acts, and where necessary the delegated acts supplementing them,
is set out in Annex XV to the Utilities Contracts Directive as amended from time to time.
Abnormally low tenders
84.—(1)  Utilities shall require economic operators to explain the price or costs proposed in the
tender where tenders appear to be abnormally low in relation to the works, supplies or services.
(2)  The explanations given in accordance with paragraph (1) may in particular relate to—
(a)the economics of the manufacturing process, of the services provided or of the construction
method;
(b)the technical solutions chosen or any exceptionally favourable conditions available to the
tenderer for the supply of the products or services or for the execution of the work;
(c)the originality of the work, supplies or services proposed by the tenderer;
(d)compliance with the applicable obligations referred to in regulation 76(6);
(e)compliance with obligations referred to in regulation 87;
(f)the possibility of the tenderer obtaining State aid.
(3)  The utility shall assess the information provided by consulting the tenderer.
(4)  The utility may only reject the tender where the evidence supplied does not satisfactorily
account for the low level of price or costs proposed, taking into account the elements referred to
in paragraph (2).
(5)  The utility shall reject the tender where it has established that the tender is abnormally low
because it does not comply with applicable obligations referred to in regulation 76(6).
(6)  Where the utility establishes that a tender is abnormally low because the tenderer has obtained
State aid, the tender may be rejected on that ground alone only—
(a)after consultation with the tenderer; and
(b)where the latter is unable to prove, within a sufficient time limit fixed by the utility, that
the aid in question was compatible with the internal market within the meaning of Article
107 of TFEU.
(7)  Where the utility rejects a tender in the circumstances referred to in paragraph (6), it shall
inform the Commission.
SECTION 4
Tenders comprising products originating in third countries and relations with those countries
Tenders comprising products originating in third countries
85.—(1)  This regulation applies to tenders covering products originating in third countries
with which the EU has not concluded, whether multilaterally or bilaterally, an agreement ensuring
comparable and effective access for EU undertakings to the markets of those third countries.
(2)  For the purposes of this regulation—
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(a)the origin of products shall be determined in accordance with Council Regulation (EEC)
No 2913/92  of 12 October 1992 establishing the Community Customs Code F39 as amended
from time to time;
(b)software used in telecommunications network equipment shall be regarded as products;
and
(c)those third countries to which the benefits of the Utilities Contracts Directive has been
extended by a Decision of the Council of the EU, shall not be taken into account by utilities
for determining the proportion, referred to in paragraph (3), of products originating in third
countries.
(3)  Utilities may reject any tender submitted for the award of a supply contract where the
proportion of the products originating in third countries exceeds 50% of the total value of the
products constituting the tender.
(4)  Where two or more tenders are equivalent in the light of the contract award criteria defined in
regulation 82, utilities shall give preference to those tenders which may not be rejected in accordance
with paragraph (3).
(5)  However, a tender shall not be preferred to another where acceptance would oblige the utility
to acquire equipment having technical characteristics different from those of existing equipment,
resulting in—
(i)incompatibility;
(ii)technical difficulties in operation and maintenance; or
(iii)disproportionate costs.
(6)  For the purposes of paragraph (4), tenders shall be considered equivalent if the price difference
between those tenders does not exceed 3%.
F39 OJ No L 302, 19.10.1992, p1, last amended by Regulation (EU) of the European Parliament and of the
Council No 952/2013 of 9 October 2013 (OJ No L 269, 10.10.2013, p1).
CHAPTER 4
Contract performance
Conditions for performance of contracts
86.—(1)  Utilities may lay down special conditions relating to the performance of a contract,
provided that they are—
(a)linked to the subject-matter of the contract within the meaning of regulation 82(5); and
(b)indicated in the call for competition or in the procurement documents.
(2)  Those conditions may include economic, innovation-related, environmental, social or
employment-related considerations.
Subcontracting
Giving information to utilities
87.—(1)  In the procurement documents, the utility may ask the tenderer to indicate in its
tender any share of the contract that it may intend to subcontract to third parties and any proposed
subcontractors.
(2)  Paragraph (1) is without prejudice to the question of the main contractor's liability.
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(3)  In the case of works contracts and in respect of services to be provided at a facility under the
direct oversight of the utility, after the award of the contract and at the latest when the performance of
the contract commences, the utility shall require the main contractor to notify to the utility the name,
contact details and legal representatives of its subcontractors, involved in such works or services,
insofar as known at the time.
(4)  The utility shall require the main contractor to notify the utility of—
(a)any changes to the information notified under paragraph (3) during the course of the
contract; and
(b)the name, contact details and legal representatives of any new subcontractors which the
main contractor subsequently involves in such works or services.
(5)  Where necessary for the purposes of paragraph (8), the required information shall be
accompanied by ESPDs (within the meaning of regulation 59 of the Public Contracts Regulations)
in respect of subcontractors.
(6)  Paragraphs (3) and (4) do not apply to suppliers.
(7)  Utilities may extend the obligations provided for in paragraphs (3) and (4) to, for example—
(a)supply contracts, service contracts (other than those concerning services to be provided
at the facilities under the direct oversight of the utility) or suppliers involved in works or
services contracts;
(b)subcontractors of the main contractor's subcontractors or subcontractors further down the
subcontracting chain.
Excluding subcontractors
(8)  Utilities that are contracting authorities may verify whether there are grounds for exclusion
of subcontractors under regulation 57 of the Public Contracts Regulations.
(9)  In such cases, the utility—
(a)shall require that the economic operator replaces a subcontractor in respect of which the
verification has shown that there are compulsory grounds for exclusion; and
(b)may require that the economic operator replaces a subcontractor in respect of which the
verification has shown that there are non-compulsory grounds for exclusion.
(10)  For the purposes of paragraph (8) and (9)—
(a)regulations 59 to 61 of the Public Contracts Regulations apply;
(b)references to regulations 56(2), 24 and 41 in regulation 57(8) of the Public
Contracts Regulations shall have effect as though such references are to, respectively,
regulations 76(6), 42 and 59 in these Regulations;
(c)references to regulations 62 and 63 in regulations 59 and 60 of the Public Contracts
Regulations shall have effect as though such reference are to, respectively, regulations 81
and 79 in these Regulations;
(d)in regulation 59(9) of the Public Contracts Regulations, the words “where such contracts
are concluded in accordance with regulations 33(7) or 8(a)” shall be replaced with “ with
a single economic operator or where such contracts are concluded without reopening
competition in accordance with regulation 51 of the Utilities Contracts Regulations 2016.
”;
(e)in regulation 58(9) of the Public Contracts Regulations, the words “in the report referred
to in regulation 84(1).” shall be replaced with “ in the information and documentation
referred to in regulation 99 of the Utilities Contracts Regulations 2016. ” .
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(11)  For the purposes of paragraph (5), regulation 59 of the Public Contracts Regulations shall
have effect as though a reference to a contracting authority in that regulation were a reference to
a utility.
Modification of contracts during their term
88.—(1)  Contracts and framework agreements may be modified without a new procurement
procedure in accordance with these Regulations in any of the following cases—
(a)where the modifications, irrespective of their monetary value, have been provided for in
the initial procurement documents in clear, precise and unequivocal review clauses, which
may include price revision clauses, or options, provided that such clauses—
(i)state the scope and nature of possible modifications or options as well as the
conditions under which they may be used; and
(ii)do not provide for modifications or options that would alter the overall nature of the
contract or the framework agreement;
(b)for additional works, services or supplies by the original contractor, irrespective of their
value, that have become necessary and were not included in the initial procurement where
a change of contractor—
(i)cannot be made for economic or technical reasons such as requirements of
interchangeability or interoperability with existing equipment, software, services or
installations procured under the initial procurement; and
(ii)would cause significant inconvenience or substantial duplication of costs for the
utility;
(c)where both of the following conditions are fulfilled—
(i)the need for modification has been brought about by circumstances which a diligent
utility could not have foreseen;
(ii)the modification does not alter the overall nature of the contract;
(d)where a new contractor replaces the one to which the utility had initially awarded the
contract as a consequence of—
(i)an unequivocal review clause or option in conformity with sub-paragraph (a); or
(ii)universal or partial succession into the position of the initial contractor, following
corporate restructuring, including takeover, merger, acquisition or insolvency, of
another economic operator that fulfils the criteria for qualitative selection initially
established, provided that this does not entail other substantial modifications to the
contract and is not aimed at circumventing the application of these Regulations;
(e)where the modifications, irrespective of their value, are not substantial within the meaning
of paragraph (7); or
(f)where paragraph (4) applies.
(2)  Utilities which have modified a contract in either of the cases described in paragraph (1)(b)
and (c) shall send a notice to that effect, in accordance with regulation 71, for publication.
(3)  Such a notice shall contain the information set out in Annex XVI to the Utilities Contracts
Directive.
(4)  This paragraph applies where the value of the modification is below both of the following
values—
(a)the relevant threshold mentioned in regulation 16; and
(b)10% of the initial contract value for service and supply contracts and 15% of the initial
contract value for works contracts,
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provided that the modification does not alter the overall nature of the contract or framework
agreement.
(5)  For the purposes of paragraph (4), where several successive modifications are made, the value
shall be assessed on the basis of the net cumulative value of the successive modifications.
(6)  For the purpose of the calculation of the values referred to in paragraph (4)(b), the updated
figure shall be the reference figure when the contract includes an indexation clause.
(7)  A modification of a contract or a framework agreement during its term shall be considered to
be substantial within the meaning of paragraph (1)(e) where one or more of the following conditions
is met—
(a)the modification renders the contract or the framework agreement materially different in
character from the one initially concluded;
(b)the modification introduces conditions which, had they been part of the initial procurement
procedure, would have—
(i)allowed for the admission of other candidates than those initially selected;
(ii)allowed for the acceptance of a tender other than that originally accepted; or
(iii)attracted additional participants in the procurement procedure;
(c)the modification changes the economic balance of the contract or the framework
agreement in favour of the contractor in a manner which was not provided for in the initial
contract or framework agreement;
(d)the modification extends the scope of the contract or framework agreement considerably;
(e)a new contractor replaces the one to which the utility had initially awarded the contract in
cases other than those provided for in paragraph (1)(d).
(8)  A new procurement procedure in accordance with these Regulations shall be required for
modifications of the provisions of a contract or a framework agreement during its term other than
those provided for in this regulation.
Termination of contracts
89.—(1)  Utilities shall ensure that every contract which they award contains provisions enabling
the utility to terminate the contract where—
(a)the contract has been subject to a substantial modification which would have required a
new procurement procedure in accordance with regulation 88(8).
(b)the contractor has, at the time of contract award, been in one of the situations referred to
in regulation 57(1) of the Public Contracts Regulations and should therefore have been
excluded from the procurement procedure in accordance with regulation 80(2) of these
Regulations.
(c)the contract should not have been awarded to the contractor in view of a serious
infringement of the obligations under the Treaties and the Utilities Contracts Directive that
has been declared by the European Court in a procedure under Article 258 of TFEU.
(2)  Those provisions may address the basis on which the power is to be exercisable in those
circumstances, for example by providing for notice of termination to be given and by addressing
consequential matters that will or might arise from the termination.
(3)  To the extent that a contract does not contain provisions enabling the utility to terminate the
contract on any of the grounds mentioned in paragraph (1), a power for the utility to do so on giving
reasonable notice to the contractor shall be an implied term of that contract.
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PART 3
PARTICULAR PROCUREMENT REGIMES
CHAPTER 1
Social and other specific services
Award of contracts for social and other specific services
90.Contracts for social and other specific services listed in Schedule 2 shall be awarded in
accordance with this Chapter.
Publication of notices
91.—(1)  Utilities intending to award a contract for the services referred to in regulation 90 shall
make known their intention by any of the following means—
(a)a contract notice;
(b)a periodic indicative notice, which shall—
(i)be published continuously;
(ii)refer specifically to the types of services that will be the subject-matter of the
contracts to be awarded; and
(iii)indicate that the contracts will be awarded without further publication and invite
interested economic operators to express their interest in writing; or
(c)a notice on the existence of a qualification system, which shall be published continuously.
(2)  Paragraph (1) shall not apply where a negotiated procedure without prior call for competition
could have been used, in accordance with regulation 50, for the award of a service contract.
(3)  Utilities that have awarded a contract for the services referred to in regulation 90 shall make
known the results by mean of a contract award notice.
(4)  Utilities may, however, group contract award notices on a quarterly basis, in which case they
shall send the grouped notices within 30 days of the end of each quarter.
(5)  The notices referred to in paragraphs (1), (3) and (4) shall contain the information referred to
in the relevant part of Annex XVIII to the Utilities Contracts Directive.
(6)  Utilities shall send the notices referred to in this regulation for publication in accordance with
regulation 71.
Principles of awarding contracts
92.—(1)  Utilities shall determine the procedures that are to be applied in connection with the
award of contracts subject to this Chapter, and may take into account the specificities of the services
in question.
(2)  Those procedures shall be at least sufficient to ensure compliance with the principles of
transparency and equal treatment of economic operators.
(3)  In particular, where, in accordance with regulation 91, a contract notice, periodic indicative
notice or notice on the existence of a qualification system has been published in relation to a given
procurement, the utility shall, except in the circumstances mentioned in paragraph (4), conduct the
procurement, and award any resulting contract, in conformity with the information contained in the
notice about—
(a)conditions for participation;
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(b)time limits for contacting the utility; and
(c)the award procedure to be applied.
(4)  The utility may, however, conduct the procurement, and award any resulting contract, in a way
which is not in conformity with that information, but only if all the following conditions are met:—
(a)the failure to conform does not, in the particular circumstances, amount to a breach of the
principles of transparency and equal treatment of economic operators;
(b)the utility has, before proceeding in reliance on sub-paragraph (a)—
(i)given due consideration to the matter,
(ii)concluded that sub-paragraph (a) is applicable,
(iii)documented that conclusion and the reasons for it in accordance with
regulation 99(4) and (5); and
(iv)informed the participants of the respects in which the utility intends to proceed in a
way which is not in conformity with the information contained in the notice.
(5)  In paragraph (4)(b)(iv), “participants” means any economic operators which have responded
to the notice and have not been informed by the utility that they are no longer under consideration
for qualification or the award of a contract within the scope of the procurement concerned.
(6)  All time limits imposed on economic operators for the purposes of this regulation, whether
for responding to a contract notice or a notice on the existence of a qualification system or taking
any other steps in the relevant procedure, shall be reasonable and proportionate.
(7)  Without prejudice to the generality of paragraph (1) and subject to the other requirements of
this Part, utilities may apply procedures for the purposes of this regulation which correspond (with
or without variations) to procedures, techniques or other features provided for in Part 2, as well as
procedures which do not.
(8)  In relation to the award of contracts subject to this Chapter, utilities may take into account
any relevant considerations, including—
(a)the need to ensure quality, continuity, accessibility, affordability, availability and
comprehensiveness of the services;
(b)the specific needs of different categories of users, including disadvantaged and vulnerable
groups;
(c)the involvement and empowerment of users; and
(d)innovation;
Reserved contracts for certain services
93.—(1)  Utilities that are contracting authorities may reserve to qualifying organisations the right
to participate in procedures for the award of reservable public contracts.
(2)  For that purpose, a contract is a reservable public contract only if it is exclusively
for one or more of those health, social and cultural services which are covered by CPV
codes 75121000-0, 75122000-7, 75123000-4, 79622000-0, 79624000-4, 79625000-1, 80110000-8,
80300000-7, 80420000-4, 80430000-7, 80511000-9, 80520000-5, 80590000-6, from 85000000-9
to 85323000-9, 92500000-6, 92600000-7, 98133000-4 and 98133110-8.
(3)  In this regulation, “qualifying organisation” means an organisation which fulfils all of the
following conditions—
(a)its objective is the pursuit of a public service mission linked to the delivery of services
referred to in paragraph (2);
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(b)profits are reinvested with a view to achieving the organisation's objective, and any
distribution of profits is based on participatory considerations;
(c)the structures of management or ownership of the organisation are (or will be, if and when
it performs the contract)—
(i)based on employee ownership or participatory principles; or
(ii)require the active participation of employees, users or stakeholders; and
(d)the organisation has not been awarded, pursuant to this regulation, a contract for the
services concerned by the contracting authority concerned within the past 3 years.
(4)  The maximum duration of the contract awarded under this regulation shall not be longer than
3 years.
(5)  Where a contracting authority exercises the power of reservation conferred by paragraph (1),
the call for competition shall make reference to Article 94 of the Utilities Contracts Directive.
CHAPTER 2
Rules governing design contests
Scope of Chapter 2
94.This Chapter applies to—
(a)design contests organised as part of a procurement procedure for a service contract,
provided that the estimated value of the contract (net of VAT) and including any possible
prizes or payments to participants is equal to or greater than the threshold mentioned in
regulation 16(1)(a);
(b)design contests where the total amount of contest prizes and payments to participants
including the value (net of VAT) of the service contract, which might subsequently
be concluded following a negotiated procedure without prior call for competition in
accordance with regulation 50(1)(j) if the utility does not exclude such an award in the
contest notice, is equal to or greater than the threshold mentioned in regulation 16(1)(a).
Notices
95.—(1)  Utilities that intend to organise a design contest shall call for competition by means of
a contest notice.
(2)  Contest notices shall—
(a)include the information set out in Annex XIX to the Utilities Contracts Directive; and
(b)be sent for publication in accordance with regulation 71.
(3)  Utilities that have held a design contest shall make the results known by means of a notice,
which shall be sent for publication—
(a)in accordance with regulation 71, and
(b)within 30 days of the closure of the design contest.
(4)  A notice of the results of the contest shall include the information set out in Annex XX to
the Utilities Contracts Directive.
(5)  But where the release of the information on the outcome of the contest—
(a)would impede law enforcement or would otherwise be contrary to the public interest;
(b)would prejudice the legitimate commercial interests of a particular economic operator;
whether public or private; or
(c)might prejudice fair competition between economic operators,
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such information may be withheld from publication.
Rules on the organisation of design contests and the selection of participants and the jury
96.—(1)  When organising design contests, utilities shall apply procedures which are adapted to
the provisions of Part I and this Chapter.
(2)  The admission of participants to design contests shall not be limited—
(a)by reference to the territory or part of the territory of a member State;
(b)on the grounds that under the law of the member State in which the contest is organised
they would be required to be either natural or legal persons.
(3)  Where design contests are restricted to a limited number of participants, utilities shall establish
clear and non-discriminatory selection criteria.
(4)  In any event, the number of candidates invited to participate shall be sufficient to ensure
genuine competition.
(5)  The jury shall be composed exclusively of natural persons who are independent of participants
in the contest.
(6)  Where a particular professional qualification is required of participants in a contest, at least
a third of the members of the jury shall have that qualification or an equivalent qualification.
Decisions of the jury
97.—(1)  The jury shall be autonomous in its decisions and opinions.
(2)  The jury shall examine the plans and projects submitted by the candidates anonymously and
solely on the basis of the criteria indicated in the contest notice.
(3)  The jury shall record its ranking of projects in a report, signed by its members, made according
to the merits of each project, together with its remarks and any points that may need clarification.
(4)  Anonymity shall be observed until the jury has reached its opinion or decision.
(5)  Candidates may be invited, if need be, to answer questions that the jury has recorded in the
minutes to clarify any aspects of the projects.
(6)  Complete minutes shall be drawn up of the dialogue between jury members and candidates.
PART 4
INFORMATION AND DOCUMENTATION
Retention of contract copies
98.—(1)  Utilities that are contracting authorities shall, at least for the duration of the contract,
keep copies of all concluded contracts with a value equal to or greater than—
(a)1 000 000 EUR in the case of supply contracts or service contracts;
(b)10 000 000 EUR in the case of works contracts.
(2)  Contracting authorities shall grant access to those contracts, but access to specific documents
or items of information may be denied to the extent and on the conditions provided for in the
applicable EU or national rules on access to documents and data protection.
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Information and documentation requirements
Keeping of information
99.—(1)  Utilities shall keep appropriate information on each contract or framework agreement
covered by these Regulations and each time a dynamic purchasing system is established.
(2)  The information referred to in paragraph (1) shall be sufficient to permit utilities at a later
date to justify decisions taken in connection with—
(a)the qualification and selection of economic operators and the award of contracts;
(b)the use of negotiated procedures without a call for competition in accordance with
regulation 50;
(c)the derogations provided for in Chapters 2 and 3 of Part 1 to these Regulations relating to
Chapters 2 to 4 of Part 2 to these Regulations;
(d)where necessary, the reasons why means of communication other than electronic means
have been used for the submission of tenders.
(3)  To the extent that the contract award notice drawn up in accordance with regulation 70 or
91(3) contains the information required in this paragraph, utilities may refer to that notice.
Documentation of progress and decisions
(4)  Utilities shall document the progress of all procurement procedures, whether or not the
procedures are conducted by electronic means.
(5)  To that end, utilities shall ensure that they keep sufficient documentation to justify decisions
taken in all stages of the procurement procedure, such as documentation on—
(a)communications with economic operators;
(b)internal deliberations;
(c)preparation of the procurement documents;
(d)dialogue or negotiation, if any;
(e)selection and award of the contract.
(6)  The documentation shall be kept for at least 3 years from the date of award of the contract.
Communication of information and documentation
(7)  Where the Commission so requests, utilities shall communicate the information and
documentation referred to in paragraphs (1) to (5), or its main elements, to the Commission.
(8)  Where the Minister for the Cabinet Office so requests, utilities shall communicate the
information and documentation referred to in paragraphs (1) to (6), or its main elements to the
Minister or to such other body as the Minister may direct in connection with any functions which
that body exercises for the purpose of Article 99 of the Utilities Contracts Directive.
Information required by the Minister for the Cabinet Office
(9)  Utilities shall send to the Minister for the Cabinet Office such other information and
documentation as the Minister may request from time to time in respect of procurements—
(a)within the scope of these Regulations, or
(b)which would have been within the scope of these Regulations if their value had exceeded
the relevant threshold set out in regulation 16,
for the purpose of enabling the Minister to provide the Commission with information.
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PART 5
REMEDIES
CHAPTER 1
FACILITATION OF REMEDIES
Scope of Chapter 1
100. This Chapter applies to contracts and framework agreements falling within the scope of
Parts 1 to 4.
Notices of decisions to award a contract or conclude a framework agreement
101.—(1)  Subject to paragraphs (5) and (6), a utility shall send to each candidate and tenderer a
notice communicating its decision to award the contract or conclude a framework agreement.
Content of notices
(2)  Where it is to be sent to a tenderer, the notice referred to in paragraph (1) shall include—
(a)the criteria for the award of the contract;
(b)the reasons for the decision, including the characteristics and relative advantages of the
successful tender, the score (if any) obtained by—
(i)the tenderer which is to receive the notice, and
(ii)the tenderer—
(aa)to be awarded the contract, or
(bb) to become a party to the framework agreement,
and anything required by paragraph (3);
(c)the name of the tenderer—
(i)to be awarded the contract, or
(ii)to become a party to the framework agreement; and
(d)a precise statement of either—
(i)when, in accordance with regulation 102, the standstill period is expected to end and,
if relevant, how the timing of its ending might be affected by any and, if so what,
contingencies; or
(ii)the date before which the utility will not, in conformity with regulation 102, enter
into the contract or conclude the framework agreement.
(3)  The reasons referred to in paragraph (2)(b) shall include the reason for any decision by the
utility that the economic operator did not meet the technical specifications—
(a)in an equivalent manner as mentioned in regulation 60(13); or
(b)because compliance with a standard, approval, specification or system mentioned in
regulation 60(14) does not address the performance or functional requirements laid down
by the utility.
(4)  Where it is to be sent to a candidate, the notice referred to in paragraph (1) shall include—
(a)the reasons why the candidate was unsuccessful; and
(b)the information mentioned in paragraph (2), but as if the words “and relative advantages”
were omitted from sub-paragraph (b).
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Exemptions
(5)  A utility need not comply with paragraph (1) in any of the following cases—
(a)where the contract or framework agreement is permitted by these Regulations to be
awarded without a call for competition;
(b)where the only tenderer is the one who is to be awarded the contract or who is to become
a party to the framework agreement, and there are no candidates;
(c)where a utility awards a contract under a framework agreement or a dynamic purchasing
system.
(6)  A utility may withhold any information to be provided in accordance with the preceding
requirements of this regulation where the release of such information—
(a)would impede law enforcement or would otherwise be contrary to the public interest;
(b)would prejudice the legitimate commercial interests of any economic operator; or
(c)might prejudice fair competition between economic operators.
Meaning of “candidate” and “tenderer”
(7)  In this regulation—
(a)“candidate” means a candidate, as defined in regulation 2(1), which—
(i)is not a tenderer, and
(ii)has not been informed of the rejection of its application and the reasons for it;
(b)“tenderer” means a tenderer, as defined in regulation 2(1), which has not been definitively
excluded.
(8)  For the purposes of paragraph (7)(b), an exclusion is definitive if, and only if, the tenderer
has been notified of the exclusion and either—
(a)the exclusion has been held to be lawful in proceedings under Chapter 2 of this Part; or
(b)the time limit for starting such proceedings has expired even on the assumption that the
Court would have granted the maximum extension permitted by regulation 107(4) and (5).
Standstill period
102.—(1)  Where regulation 101(1) applies, the utility must not enter into the contract or conclude
the framework agreement before the end of the standstill period.
(2)  Where the utility sends a regulation 101 notice to all relevant economic operators by facsimile
or electronic means, the standstill period ends at midnight at the end of the 10th day after the relevant
sending date.
(3)  Where the utility sends a regulation 101 notice to all relevant economic operators only by
other means, the standstill period ends at whichever of the following occurs first—
(a)midnight at the end of the 15th day after the relevant sending date;
(b)midnight at the end of the 10th day after the date on which the last of the economic
operators to receive such a notice receives it.
(4)  In paragraphs (2) and (3), “the relevant sending date” means the date on which the
regulation 101 notices are sent to the relevant economic operators, and if the notices are sent to
different relevant economic operators on different dates, the relevant sending date is the date on
which the last of the notices is sent.
(5)  Where the utility sends a regulation 101 notice to one or more of the relevant economic
operators by facsimile or electronic means and to others by other means, the standstill period ends
at whichever of the following two times occurs latest—
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(a)midnight at the end of the 10th day after the date on which the last notice is sent by
facsimile or electronic means;
(b)the time when whichever of the following occurs first:—
(i)midnight at the end of the 15th day after the date on which the last notice is sent
by other means;
(ii)midnight at the end of the 10th day after the date on which the last of the economic
operators to receive a notice sent by any such other means receives it.
(6)  In this regulation—
(a)“regulation 101 notice” means a notice given in accordance with regulation 101; and
(b)“relevant economic operators” means economic operators to which regulation 101 requires
a notice to be sent.
CHAPTER 2
APPLICATIONS TO THE COURT
Interpretation of Chapter 2
103.—(1)  In this Chapter—
“claim form” includes, in Northern Ireland, the originating process by which the proceedings
are commenced;
“contract”, except in regulation 118, includes a framework agreement;
“declaration of ineffectiveness” means a declaration made under regulation 113(2)(a) or
118(3);
“economic operator” has the meanings given by paragraph (2);
“grounds for ineffectiveness” has the meaning given to it by regulation 114;
“proceedings” means court proceedings taken for the purposes of regulation 106; and
“standstill period”, and references to its end, have the same meaning as in regulation 102.
(2)  In regulations 104 and 105, “economic operator” has its usual meaning (in accordance with
regulation 2(1)), but in the other provisions of this Chapter “economic operator” has the narrower
meaning of an economic operator (as defined by regulation 2(1)) to which a duty is owed in
accordance with regulation 104 or 105.
Duty owed to economic operators from EEA States
104.—(1)  This regulation applies to the obligation on a utility to comply with—
(a)the provisions of these Regulations; and
(b)any enforceable EU obligation in the field of procurement in respect of a contract or design
contest falling within the scope of these Regulations.
(2)  That obligation is a duty owed to an economic operator from the United Kingdom or from
another EEA State.
Duty owed to economic operators from certain other States
105.—(1)  The duty owed in accordance with regulation 104 is a duty also owed to—
(a)an economic operator from a GPA State, but only where the GPA applies to the
procurement concerned; and
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(b)an economic operator which is not from an EEA State or a GPA State, but only if a relevant
bilateral agreement applies.
(2)  For the purposes of paragraph (1)(a), the GPA applies to a procurement if—
(a)the procurement may result in the award of a contract of any description; and
(b)at the relevant time—
(i)a GPA State has agreed with the EU that the GPA shall apply to a contract of that
description; and
(ii)the economic operator is from that GPA State.
(3)  For the purpose of paragraph (1)(b), a relevant bilateral agreement applies if—
(a)there is an international agreement, other than the GPA, by which the EU is bound; and
(b)in accordance with that agreement, the economic operator is, in respect of the procurement
concerned, to be accorded remedies no less favourable than those accorded to economic
operators from the EU in respect of matters falling within the scope of the duty owed in
accordance with regulation 104.
(4)  In this regulation—
“GPA State” means any country, other than an EEA State, which at the relevant time is a
signatory to the GPA; and
“relevant time” means—
(a) if the utility selects economic operators to tender for or to negotiate the contract in
accordance with a qualification system established in accordance with regulation 77, the
date on which the selection commences;
(b) if the utility satisfies the requirement that there be a call for competition by indicating
the intention to award the contract in a periodic indicative notice in accordance with
regulations 67 or 91(1)(b), the date on which the notice is sent to the EU Publications
Office; or
(c) in any other case, the date on which the utility sent a contract notice (or design contest
notice) to the EU Publications Office or would have done so if the requirement that there
be a call for competition applied and the utility decided to satisfy that requirement by
sending such a notice.
Enforcement of duties through the Court
106.—(1)  A breach of the duty owed in accordance with regulation 104 or 105 is actionable by
any economic operator which, in consequence, suffers, or risks suffering, loss or damage.
(2)  Proceedings for that purpose must be started in the High Court, and regulations 107 to 119
apply to such proceedings.
General time limits for starting proceedings
107.—(1)  This regulation limits the time within which proceedings may be started where the
proceedings do not seek a declaration of ineffectiveness.
(2)  Subject to paragraphs (3) to (5), such proceedings must be started within 30 days beginning
with the date when the economic operator first knew or ought to have known that grounds for starting
the proceedings had arisen.
(3)  Paragraph (2) does not require proceedings to be started before the end of any of the following
periods—
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(a)where the proceedings relate to a decision which is sent to the economic operator by
facsimile or electronic means, 10 days beginning with—
(i)the day after the date on which the decision is sent, if the decision is accompanied
by a summary of the reasons for the decision;
(ii)if the decision is not so accompanied, the day after the date on which the economic
operator is informed of a summary of those reasons;
(b)where the proceedings relate to a decision which is sent to the economic operator by other
means, whichever of the following periods ends first—
(i)15 days beginning with the day after the date on which the decision is sent, if the
decision is accompanied by a summary of the reasons for the decision;
(ii)10 days beginning with—
(aa)the day after the date on which the decision is received, if the decision is
accompanied by a summary of the reasons for the decision; or
(bb) if the decision is not so accompanied, the day after the date on which the
economic operator is informed of a summary of those reasons;
(c)where sub-paragraphs (a) and (b) do not apply but the decision is published, 10 days
beginning with the day on which the decision is published.
(4)  Subject to paragraph (5), the Court may extend the time limit imposed by this regulation
(but not any of the limits imposed by regulation 108) where the Court considers that there is good
reason for doing so.
(5)  The Court must not exercise its power under paragraph (4) so as to permit proceedings to be
started more than 3 months after the date when the economic operator first knew or ought to have
known that grounds for starting the proceedings had arisen.
(6)  For the purposes of this regulation, proceedings are to be regarded as started when the claim
form is issued.
Special time limits for seeking a declaration of ineffectiveness
108.—(1)  This regulation limits the time within which proceedings may be started where the
proceedings seek a declaration of ineffectiveness.
(2)  Such proceedings must be started—
(a)where paragraph (3) or (5) applies, within 30 days beginning with the relevant date
mentioned in that paragraph;
(b)in any event, within 6 months beginning with the day after the date on which the contract
was entered into.
(3)  This paragraph applies where a relevant contract award notice has been published in the
Official Journal, in which case the relevant date is the day after the date on which the notice was
published.
(4)  For that purpose, a contract award notice is relevant if, and only if—
(a)the contract was awarded without prior publication of a notice in the Official Journal; and
(b)the contract award notice includes justification of the decision of the utility to award the
contract without such prior publication of a notice.
(5)  This paragraph applies where the utility has informed the economic operator of—
(a)the conclusion of the contract; and
(b)a summary of the relevant reasons,
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in which case the relevant date is the day after the date on which the economic operator was
informed of the conclusion or, if later, was informed of a summary of the relevant reasons.
(6)  In paragraph (5), “the relevant reasons” means the reasons which the economic operator
would have been entitled to receive in response to a request under regulation 75(2).
(7)  For the purposes of this regulation, proceedings are to be regarded as started when the claim
form is issued.
Starting proceedings
109.—(1)  Where proceedings are started, the economic operator must serve the claim form on
the utility within 7 days after the date of issue.
(2)  Paragraph (3) applies where proceedings are started—
(a)seeking a declaration of ineffectiveness; or
(b)alleging a breach of regulations 102, 110 or 111(1)(b) where the contract has not been
fully performed.
(3)  In those circumstances, the economic operator must, as soon as practicable, send a copy of
the claim form to each person, other than the utility, who is a party to the contract in question.
(4)  The utility must, as soon as practicable, comply with any request from the economic operator
for any information that the economic operator may reasonably require for the purpose of complying
with paragraph (3).
(5)  In this regulation, “serve” means service in accordance with rules of court, and for the
purposes of this regulation a claim form is deemed to be served on the day on which it is deemed
by rules of court to be served.
Contract-making suspended by challenge to award decision
110.—(1)  Where—
(a)a claim form has been issued in respect of a utility's decision to award the contract;
(b)the utility has become aware that the claim form has been issued and that it relates to that
decision; and
(c)the contract has not been entered into,
the utility is required to refrain from entering into the contract.
(2)  The requirement continues until any of the following occurs—
(a)the Court brings the requirement to an end by interim order under regulation 111(1)(a);
(b)the proceedings at first instance are determined, discontinued or otherwise disposed of and
no order has been made continuing the requirement (for example in connection with an
appeal or the possibility of an appeal).
(3)  This regulation does not affect the obligations imposed by regulation 102.
Interim orders
111.—(1)  In proceedings, the Court may, where relevant, make an interim order—
(a)bringing to an end the requirement imposed by regulation 110(1);
(b)restoring or modifying that requirement;
(c)suspending the procedure leading to—
(i)the award of the contract; or
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(ii)the determination of the design contest,
in relation to which the breach of the duty owed in accordance with regulation 104 or 105
is alleged;
(d)suspending the implementation of any decision or action taken by the utility in the course
of following such a procedure.
(2)  When deciding whether to make an order under paragraph (1)(a)—
(a)the Court must consider whether, if regulation 110(1) were not applicable, it would be
appropriate to make an interim order requiring the utility to refrain from entering into the
contract; and
(b)only if the Court considers that it would not be appropriate to make such an interim order
may it make an order under paragraph (1)(a).
(3)  If the Court considers that it would not be appropriate to make an interim order of the kind
mentioned in paragraph (2)(a) in the absence of undertakings or conditions, it may require or impose
such undertakings or conditions in relation to the requirement in regulation 110(1).
(4)  The Court may not make an order under paragraph (1)(a) or (b) or (3) before the end of the
standstill period.
(5)  This regulation does not prejudice any other powers of the Court.
Remedies where the contract has not been entered into
112.—(1)  This regulation applies where—
(a)the Court is satisfied that a decision or action taken by a utility was in breach of the duty
owed in accordance with regulation 104 or 105; and
(b)the contract has not yet been entered into.
(2)  In those circumstances, the Court may do one or more of the following—
(a)order the setting aside of the decision or action concerned;
(b)order the utility to amend any document;
(c)award damages to an economic operator which has suffered loss or damage as a
consequence of the breach.
(3)  Where the Court is satisfied that an economic operator would have had a real chance of being
awarded the contract if that chance had not been affected by the breach mentioned in paragraph (1)
(a), the economic operator is entitled to damages amounting to its costs in preparing its tender and
in participating in the procedure leading to the award of the contract.
(4)  Paragraph (3)—
(a)does not affect a claim by an economic operator that it has suffered other loss or damage
or that it is entitled to relief other than damages; and
(b)is without prejudice to the matters on which an economic operator may be required to
satisfy the Court in respect of any such other claim.
(5)  This regulation does not prejudice any other powers of the Court.
Remedies where the contract has been entered into
113.—(1)  Paragraph (2) applies if—
(a)the Court is satisfied that a decision or action taken by a utility was in breach of the duty
owed in accordance with regulation 104 or 105; and
(b)the contract has already been entered into.
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(2)  In those circumstances, the Court—
(a)must, if it is satisfied that any of the grounds for ineffectiveness applies, make a declaration
of ineffectiveness in respect of the contract unless regulation 115 requires the Court not
to do so;
(b)must, where required by regulation 117, impose penalties in accordance with that
regulation;
(c)may award damages to an economic operator which has suffered loss or damage as a
consequence of the breach, regardless of whether the Court also acts as described in sub-
paragraphs (a) and (b);
(d)must not order any other remedies.
(3)  Paragraph (2)(d) is subject to regulation 118(3) and (9) and does not prejudice any power of
the Court under regulation 116(3) or 117(10).
(4)  Regulation 112(3) and (4) apply for the purposes of this regulation.
Grounds for ineffectiveness
114.—(1)  There are three grounds for ineffectiveness.
The first ground
(2)  Subject to paragraph (3), the first ground applies where the contract has been awarded without
prior publication of a notice in the Official Journal in any case in which these Regulations required
the prior publication of such a notice.
(3)  The first ground does not apply if all of the following apply—
(a)the utility considered the award of the contract without prior publication of such a notice
to be permitted by these Regulations;
(b)the utility has had published in the Official Journal a voluntary transparency notice
expressing its intention to enter into the contract; and
(c)the contract has not been entered into before the end of a period of at least 10 days
beginning with the day after the date on which the voluntary transparency notice was
published in the Official Journal.
(4)  In paragraph (3), “voluntary transparency notice” means a notice which is in the standard
form set out in Annex XII to Commission Implementing Regulation (EU) 2015/1986 F40 as amended
from time to time, and which contains the following information—
(a)the name and contact details of the utility;
(b)a description of the object of the contract;
(c)a justification of the decision of the utility to award the contract without prior publication
of a notice in the Official Journal;
(d)the name and contact details of the economic operator to be awarded the contract; and
(e)where appropriate, any other information which the utility considers it useful to include.
The second ground
(5)  The second ground applies where all of the following apply—
(a)the contract has been entered into in breach of any requirement imposed by—
(i)regulation 102;
(ii)regulation 110; or
(iii)regulation 111(1)(b);
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(b)there has also been a breach of the duty owed to the economic operator in accordance with
regulation 104 or 105 in respect of obligations other than those imposed by regulation 102
and this Chapter;
(c)the breach mentioned in sub-paragraph (a) has deprived the economic operator of the
possibility of starting proceedings in respect of the breach mentioned in sub-paragraph (b),
or pursuing them to a proper conclusion, before the contract was entered into; and
(d)the breach mentioned in sub-paragraph (b) has affected the chances of the economic
operator obtaining the contract.
The third ground
(6)  Subject to paragraph (7), the third ground applies where all of the following apply—
(a)the contract was awarded under a dynamic purchasing system;
(b)the contract was awarded in breach of any requirement imposed by regulation 52(21) to
(24); and
(c)the estimated value of the contract is equal to or greater than the relevant threshold
mentioned in regulation 16.
(7)  The third ground does not apply if all of the following apply—
(a)the utility considered the award of the contract to be in accordance with regulation 52(21)
to (24);
(b)the utility has, despite regulation 101(5)(c),voluntarily complied with the requirements set
out in regulation 101(1) to (4); and
(c)the contract has not been entered into before the end of the standstill period.
F40 OJ No L 296, 12.11.2015, p1.
General interest grounds for not making a declaration of ineffectiveness
115.—(1)  Where the Court is satisfied that any of the grounds for ineffectiveness applies, the
Court must not make a declaration of ineffectiveness if—
(a)the utility or another party to the proceedings raises an issue under this regulation; and
(b)the Court is satisfied that overriding reasons relating to a general interest require that the
effects of the contract should be maintained.
(2)  For that purpose, economic interests in the effectiveness of the contract may be
considered as overriding reasons only if in exceptional circumstances ineffectiveness would lead to
disproportionate consequences.
(3)  However, economic interests directly linked to the contract cannot constitute overriding
reasons relating to a general interest.
(4)  For that purpose, economic interests directly linked to the contract include—
(a)the costs resulting from the delay in the execution of the contract;
(b)the costs resulting from the commencement of a new procurement procedure;
(c)the costs resulting from change of the economic operator performing the contract; and
(d)the costs of legal obligations resulting from the ineffectiveness.
(5)  For the purposes of paragraph (1)(b), overriding reasons may be taken to require that the
effects of the contract should be maintained even if they do not require the Court to refrain from
shortening the duration of the contract by an order under regulation 117(3)(a).
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The consequences of ineffectiveness
116.—(1)  Where a declaration of ineffectiveness is made, the contract is to be considered to be
prospectively, but not retrospectively, ineffective as from the time when the declaration is made and,
accordingly, those obligations under the contract which at that time have yet to be performed are
not to be performed.
(2)  Paragraph (1) does not prevent the exercise of any power under which the orders or decision
of the Court may be stayed, but at the end of any period during which a declaration of ineffectiveness
is stayed, the contract is then to be considered to have been ineffective as from the time when the
declaration had been made.
(3)  When making a declaration of ineffectiveness, or at any time after doing so, the Court may
make any order that it thinks appropriate for addressing—
(a)the implications of paragraph (1) or (2) for the particular circumstances of the case;
(b)any consequential matters arising from the ineffectiveness.
(4)  Such an order may, for example, address issues of restitution and compensation as between
those parties to the contract who are parties to the proceedings so as to achieve an outcome which
the Court considers to be just in all the circumstances.
(5)  Paragraph (6) applies where the parties to the contract have, at any time before the declaration
of ineffectiveness is made, agreed by contract any provisions for the purpose of regulating their
mutual rights and obligations in the event of such a declaration being made.
(6)  In those circumstances, the Court must not exercise its power to make an order under
paragraph (3) in any way which is inconsistent with those provisions, unless and to the extent that the
Court considers that those provisions are incompatible with the requirement in paragraph (1) or (2).
Penalties in addition to, or instead of, ineffectiveness
117.—(1)  Where the Court makes a declaration of ineffectiveness, it must also order that the
utility pay a civil financial penalty of the amount specified in the order.
(2)  Paragraph (3) applies where—
(a)in proceedings for a declaration of ineffectiveness, the Court is satisfied that any of the
grounds for ineffectiveness applies but does not make a declaration of ineffectiveness
because regulation 115 requires it not to do so; or
(b)in any proceedings, the Court is satisfied that the contract has been entered into in breach
of any requirement imposed by regulation 102, 110 or 111(1)(b), and does not make a
declaration of ineffectiveness (whether because none was sought or because the Court is
not satisfied that any of the grounds for ineffectiveness applies).
(3)  In those circumstances, the Court must order at least one, and may order both, of the following
penalties—
(a)that the duration of the contract be shortened to the extent specified in the order;
(b)that the utility pay a civil financial penalty of the amount specified in the order.
(4)  When the Court is considering what order to make under paragraph (1) or (3), the overriding
consideration is that the penalties must be effective, proportionate and dissuasive.
(5)  In determining the appropriate order, the Court must take account of all the relevant factors,
including—
(a)the seriousness of the relevant breach of duty owed in accordance with regulation 104 or
105;
(b)the behaviour of the utility;
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(c)where the order is to be made under paragraph (3), the extent to which the contract remains
in force.
(6)  Where more than one economic operator starts proceedings in relation to the same contract,
paragraph (4) applies to the totality of penalties imposed in respect of the contract.
Civil financial penalties
(7)  Where a utility is ordered by the High Court of England and Wales to pay a civil financial
penalty under this regulation—
(a)the Court's order must state that the penalty is payable to the Minister for the Cabinet
Office;
(b)the Court must send a copy of the order to the Minister;
(c)the utility must pay the penalty to the Minister; and
(d)the Minister must, on receipt of the penalty, pay it into the Consolidated Fund.
(8)  Where a utility is ordered by the High Court of Northern Ireland to pay a civil financial
penalty under this regulation—
(a)the Court's order must state that the penalty is payable to the Department of Finance and
Personnel;
(b)the Court must send a copy of the order to the Department;
(c)the utility must pay the penalty to the Department; and
(d)the Department must, when it receives the penalty, pay it into the Consolidated Fund of
Northern Ireland.
(9)  Where a utility is a non-Crown body—
(a)any payment due under paragraph (7) may be enforced by the Minister for the Cabinet
Office as a judgment debt due to the Minister, and
(b)any payment due under paragraph (8) may be enforced by the Department of Finance and
Personnel as a judgment debt due to it.
Contract shortening
(10)  When making an order under paragraph (3)(a), or at any time after doing so, the Court may
make an order that it thinks appropriate for addressing the consequences of the shortening of the
duration of the contract.
(11)  Such an order may, for example, address issues of restitution and compensation as between
those parties to the contract who are parties to the proceedings so as to achieve an outcome which
the Court considers to be just in all the circumstances.
(12)  Paragraph (13) applies where the parties to the contract have, at any time before the order
under paragraph (3)(a) is made, agreed by contract any provisions for the purpose of regulating their
mutual rights and obligations in the event of such an order being made.
(13)  In those circumstances, the Court must not exercise its power to make an order under
paragraph (10) in any way which is inconsistent with those provisions, unless and to the extent that
the Court considers that those provisions are incompatible with the primary order that is being made,
or has been made, under paragraph 3(a).
(14)  In paragraph (3)(a), “duration of the contract” refers only to its prospective duration as from
the time when the Court makes the order.
Ineffectiveness etc. in relation to specific contracts based on a framework agreement
118.—(1)  In this regulation, “specific contract” means a contract which—
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(a)is based on a framework agreement; and
(b)was entered into before a declaration of ineffectiveness (if any) was made in respect of
the framework agreement.
(2)  A specific contract is not to be considered to be ineffective merely because a declaration of
ineffectiveness has been made in respect of the framework agreement.
(3)  Where a declaration of ineffectiveness has been made in respect of the framework agreement,
the Court must, subject to paragraph (5), make a separate declaration of ineffectiveness in respect
of each relevant specific contract.
(4)  For that purpose, a specific contract is relevant only if a claim for a declaration of
ineffectiveness in respect of that specific contract has been made—
(a)within the time limits mentioned in regulation 108 as applicable to the circumstances of
the specific contract;
(b)regardless of whether the claim was made at the same time as any claim for a declaration
of ineffectiveness in respect of the framework agreement.
(5)  Regulation 115 applies for the purposes of paragraph (3), insofar as the overriding reasons
relate specifically to the circumstances of the specific contract.
(6)  This regulation does not prejudice the making of a declaration of ineffectiveness in relation
to a specific contract in accordance with other provisions of these Regulations on the basis of the
second ground of ineffectiveness set out in regulation 114(5), where—
(a)the relevant breach of the kind mentioned in regulation 114(5)(a) is entering into the
specific contract in breach of regulation 110 or 111(1)(b); and
(b)the relevant breach of the kind mentioned in regulation 114(5)(b) relates specifically to
the award of the specific contract and the procedure relating to that award, rather than to
the award of the framework agreement and the procedure relating to it.
(7)  A declaration of ineffectiveness must not be made in respect of a specific contract otherwise
than in accordance with paragraph (3) or on the basis mentioned in paragraph (6).
(8)  Where a declaration of ineffectiveness is made in respect of a specific contract in accordance
with paragraph (3)—
(a)regulation 116 applies;
(b)regulation 117(1) does not apply.
(9)  Where the Court refrains, by virtue of paragraph (5), from making a declaration of
ineffectiveness which would otherwise have been required by paragraph (3), the Court must, subject
to paragraph (10), order that the duration of the specific contract be shortened to the extent specified
in the order.
(10)  The extent by which the duration of the specific contract is to be shortened under
paragraph (9) is the maximum extent, if any, which the Court considers to be possible having regard
to what is required by the overriding reasons mentioned in paragraph (5).
(11)  In paragraphs (9) and (10), “duration of the contract” refers only to its prospective duration
as from the time when the Court makes the order.
Injunctions against the Crown
119.In proceedings against the Crown, the Court has power to grant an injunction despite
section 21 of the Crown Proceedings Act 1947 F41.
F41 1947. C.44.
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[F42PART A6
PROCESSING OF INVOICES SUBMITTED ELECTRONICALLY
F42 Pt. A6  inserted (18.4.2020) by The Public Procurement (Electronic Invoices etc.) Regulations 2019
(S.I. 2019/624) , regs. 1(3) , 5(2)
Contractual provisions relating to the processing of electronic invoices
A120 .—(1)  This regulation applies in respect of any contract which has been awarded, or which
is to be awarded, in accordance with Parts 1 to 4.
(2)  A utility must ensure that every contract which it awards contains a provision requiring the
utility to accept and process an electronic invoice submitted for payment by or on behalf of the
contractor where the conditions in paragraph (3) are met.
(3)  The conditions are that—
(a)the invoice is undisputed; and
(b)the invoice complies with the standard on electronic invoicing.
(4)  A failure to comply with paragraph (2) does not, of itself, affect the validity of a contract
that has been entered into.
(5)  To the extent that a contract which has been awarded does not contain express provision
requiring the utility to accept and process an electronic invoice where the conditions in paragraph (3)
are met, a term to that effect is to be implied into the contract.
(6)  For the purposes of this regulation, an electronic invoice complies with the standard on
electronic invoicing where it complies with—
(a)the European standard, and
(b)any of the syntaxes,
published in Commission Implementing Decision ( EU) 2017/1870 as amended from time to time.
(7)  In this regulation, “electronic invoice” means an invoice which has been issued, transmitted
and received in a structured electronic format which allows for its automatic and electronic
processing. ]
PART 6
REVOCATION, MODIFICATION, SAVINGS
AND TRANSITIONAL PROVISIONS
Interpretation of Part 6
120. In this Part, “the 2006 Regulations” means the Utilities Contracts Regulations 2006 F43.
F43 S.I. 2006/6 , amended by S.I. 2007/2157 , 3542, 2008/2256, 2848, 2009/3100, 2011/1043, 1441, 2053,
1848, 2012/1659, 2013/610, 2015/102.
Revocations
121. The following instruments are revoked—
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(a)subject to regulations 122 and 123, the 2006 Regulations; and
(b)the Utilities Contracts (Amendment) Regulations 2009 F44.
F44 S.I. 2009/3100 .
Transitional provisions and savings where procurement procedure commenced before 18th
April 2016
122.—(1)  Nothing in these Regulations affects any contract award procedure or design contest
commenced before 18th April 2016.
(2)  For that purpose, a contract award procedure or design contest has been commenced before
18th April 2016 if, before that date—
(a)the utility has sent a notice to the Official Journal in accordance with the 2006 Regulations
in order to invite tenders or requests to be selected to tender for or to negotiate in respect
of a proposed contract, framework agreement or dynamic purchasing system;
(b)the utility has had published any form of advertisement seeking offers or expressions of
interest in a proposed contract, framework or dynamic purchasing system;
(c)the utility has contacted any economic operator in order to—
(i)seek expressions of interest or offers in respect of a proposed contract, framework
agreement or dynamic purchasing system; or
(ii)respond to an unsolicited expression of interest or offer received from that economic
operator in relation to a proposed contract, framework agreement or dynamic
purchasing system; or
(d)the utility has sent a notice to the Official Journal in accordance with the 2006 Regulations
in order to publicise its intention to hold a design contest.
(3)  Nothing in these Regulations affects the award of a specific contract based on a framework
agreement where the framework agreement was concluded—
(a)before 18th April 2016; or
(b)on or after that date following a contract award procedure which, by virtue of
paragraph (1), was not affected by these Regulations.
(4)  Nothing in these Regulations affects the award of a specific contract under a dynamic
purchasing system where the system was established—
(a)before 18th April 2016; or
(b)on or after that date following a contract award procedure which, by virtue of
paragraph (1), was not affected by these Regulations.
(5)  Paragraphs (6) to (9) apply in the case of a contract awarded—
(a)before 18th April 2016; or
(b)after that date but where the award itself was not, by virtue of paragraphs (1) to (4), affected
by these Regulations.
(6)  Except in the case of a contract referred to in paragraph (7) to the extent referred to in
paragraph (8), nothing in these Regulations affects a contract to which paragraph (5) applies.
(7)  This paragraph refers to a contract which was awarded under the 2006 Regulations.
(8)  A contract referred to in paragraph (7) is subject to regulations 88 and 89(3) and Chapter 2
of Part 5 (so far as that Chapter applies to regulations 88 and 89(3)).
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(9)  For the purposes of paragraph (8), any reference in regulations 88 or 89(3) or Chapter 2 of
Part 5 to a contract includes a contract to which paragraph (7) applies.
(10)  In this regulation, “dynamic purchasing system”, “framework agreement”, “contract”,
“notice”, “design contest” and “utility” have the same meanings as in the 2006 Regulations.
Time limits and the 2006 Regulations: modification of the existing saving of the original
provisions
123.—(1)  This regulation applies where, as a result of regulation 122, regulation 45E(4) of the
2006 Regulations continues to apply on or after 18th April 2016.
(2)  In those circumstances, regulation 45E(4) of the 2006 Regulations applies as though any
reference to a “contract notice” were a reference to a “notice”.
Transitory provision prior to commencement of regulation 40(1) to (7)
124.—(1)  This regulation applies during the period beginning on the date mentioned in
regulation 1(2) and ending immediately before the date mentioned in regulation 1(3)(c).
(2)  During that period, utilities may choose between the following means of communication for
the purposes mentioned in paragraph (3)—
(a)electronic means in accordance with regulation 40;
(b)post or other suitable carrier;
(c)facsimile;
(d)a combination of those means.
(3)  That choice is available for all communication and information exchange in respect of which
both the following criteria are met:—
(a)the use of electronic means would, in accordance with regulation 40(1) to (7), have been
required if those provisions had been in force;
(b)the use of electronic means is not required by any other provision of these Regulations
that is in force.
PART 7
REVIEW
Review of these Regulations
125.—(1)  The Minister for the Cabinet Office must from time to time—
(a)carry out a review of these Regulations;
(b)set out the conclusions of the review in a report; and
(c)publish the report.
(2)  In carrying out the review, the Minister for the Cabinet Office must, so far as is reasonable,
have regard to how the Utilities Contracts Directive is implemented in other member States.
(3)  The report must in particular—
(a)set out the objectives intended to be achieved by the regulatory system established by these
Regulations;
(b)assess the extent to which those objectives are achieved; and
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(c)assess whether those objectives remain appropriate and, if so, the extent to which they
could be achieved with a system that imposes less regulation.
(4)  The first report under this regulation must be published before the end of the period of 5 years
beginning on 18th April 2016.
(5)  Reports under this regulation are afterwards to be published at intervals not exceeding 5 years.
Matthew Hancock
Minister for the Cabinet Office
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SCHEDULE 1 Regulation 2(1)
ACTIVITIES CONSTITUTING WORKS
In this Schedule, ‘NACE’ has the same meaning as in Council Regulation (EEC) No 3037/90  on the
classification of economic activities in the European Community F45, and numerical references in the
columns relating to the NACE relate to the Annex to that Regulation. In the event of any difference
of interpretation between the CPV and the NACE, the CPV nomenclature shall apply.
NACE
SECTION F CONSTRUCTION
Division Group Class Subject NotesCPV Code
45 Construction This division includes:
construction of new
buildings and works,
restoring and common
repairs.45000000
45.1 Site preparation 45100000
45.11 Demolition and
wrecking of
buildings; earth
movingThis class includes:
—demolition of
buildings and other
structures,
—clearing of building
sites,
—earth moving:
excavation, landfill,
levelling and grading of
construction sites, trench
digging, rock removal,
blasting, etc
—site preparation for
mining:
—overburden removal
and other development
and preparation of
mineral properties and
sites.
This class also includes:
—building site drainage.
—drainage of
agricultural or forestry
land.45110000
45.12 Test drilling and
boringThis class includes:
—test drilling, test boring
and core sampling for
construction,
geophysical, geological
or similar purposes.
This class excludes:45120000
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—drilling of production
oil or gas wells, see
11.20.
—water well drilling, see
45.25,
—shaft sinking, see
45.25,
—oil and gas field
exploration, geophysical,
geological and seismic
surveying, see 74.20.
45.2 Building of
complete
constructions or
parts thereof;
civil
engineering45200000
45.21 General
construction of
buildings and
civil
engineering
worksThis class includes:
—construction of all
types of buildings
construction of civil
engineering
constructions,
—bridges, including
those for elevated
highways, viaducts,
tunnels and subways,
—long-distance
pipelines,
communication and
power lines,
—urban pipelines, urban
communication and
power lines,
—ancillary urban works,
—assembly and erection
of prefabricated
constructions on the site.
This class excludes:
—service activities
incidental to oil and gas
extraction, see 11.20,
—erection of complete
prefabricated
constructions from self-
manufactured parts not
of concrete, see divisions
20, 26 and 28,
—construction work,
other than buildings,
for stadiums, swimming
pools, gymnasiums,45210000
Except:
—45213316
45220000
45231000
45232000
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tennis courts, golf
courses and other sports
installations, see 45.23,
—building installation,
see 45.3,
—building completion,
see 45.4,
—architectural and
engineering activities,
see 74.20,
—project management
for construction, see
74.20.
45.22 Erection of roof
covering and
framesThis class includes:
—erection of roofs,
—roof covering,
—waterproofing.45261000
45.23 Construction of
highways,
roads, airfields
and sport
facilitiesThis class includes:
—construction of
highways, streets, roads,
other vehicular and
pedestrian ways,
—construction of
railways,
—construction of airfield
runways,
—construction work,
other than buildings,
for stadiums, swimming
pools, gymnasiums,
tennis courts, golf
courses and other sports
installations,
—painting of markings
on road surfaces and car
parks.
This class excludes:
—preliminary earth
moving, see 45.11.45212212 and
DA03
45230000
except:
—45231000
—45232000
—45234115
45.24 Construction of
water projectsThis class includes
—construction of:
—waterways, harbour
and river works, pleasure
ports (marinas), locks
etc.;
—dams and dykes,
—dredging,
—subsurface work.45240000
45.25 Other
constructionThis class includes:
—construction activities
specialising in one aspect45250000
45262000
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work involving
special tradescommon to different
kinds of structures,
requiring specialised skill
or equipment,
—construction of
foundations, including
pile driving,
—water well drilling
and construction, shaft
sinking,
—erection of non-
self-manufactured steel
elements,
—steel bending,
—bricklaying and stone
setting,
—scaffolds and work
platform erecting and
dismantling, including
renting of scaffolds and
work platforms,
—erection of chimneys
and industrial ovens.
This class excludes:
—renting of scaffolds
without erection and
dismantling, see 71.32
45.3 Building
installation45300000
45.31 Installation of
electrical wiring
and fittingsThis class includes:
installation in buildings
or other construction
projects of:
—electrical wiring and
fittings,
—telecommunications
systems,
—electrical heating
systems,
—residential antennas
and aerials,
—fire alarms,
—burglar alarm systems,
—lifts and escalators,
—lightning conductors,
etc45213316
45310000
Except:
—45316000
45.32 Insulation work
activitiesThis class includes:
—installation in
buildings or other
construction projects of45320000
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thermal, sound or
vibration insulation.
This class excludes:
—waterproofing, see
45.22.
45.33 Plumbing This class includes:
—installation in
buildings or other
construction projects of:
—plumbing and sanitary
equipment,
—gas fittings,
—heating, ventilation,
refrigeration or air-
conditioning equipment
and ducts,
—sprinkler systems
This class excludes:
—installation of
electrical heating
systems, see 45.31.45330000
45.34 Other building
installationThis class includes:
—installation of
illumination and
signalling systems for
roads, railways, airports
and harbours,
—installation in
buildings or other
construction projects of
fittings and fixtures n.e.c.45234115
45316000
45340000
45.4 Building
completion45400000
45.41 Plastering This class includes:
—application in
buildings or other
construction projects of
interior and exterior
plaster or stucco,
including related lathing
materials.45410000
45.42 Joinery
installationThis class includes:
—installation of not
self-manufactured doors,
windows, door and
window frames, fitted
kitchens, staircases, shop
fittings and the like, of
wood or other materials,45420000
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—interior completion
such as ceilings, wooden
wall coverings, movable
partitions, etc.
This class excludes:
—laying of parquet
and other wood floor
coverings, see 45.43.
45.43 Floor and wall
coveringThis class includes:
—laying, tiling, hanging
or fitting in buildings
or other construction
projects of:
—ceramic, concrete or
cut stone wall or floor
tiles,
—parquet and other
wood floor coverings
carpets and linoleum
floor coverings,
—including of rubber or
plastic,
—terrazzo, marble,
granite or slate floor or
wall coverings,
—wallpaper.45430000
45.44 Painting and
glazingThis class includes:
—interior and exterior
painting of buildings,
—painting of civil
engineering structures,
—installation of glass,
mirrors, etc
This class excludes:
—installation of
windows, see 45.42,45440000
45.45 Other building
completionThis class includes:
—installation of private
swimming pools,
—steam cleaning, sand
blasting and similar
activities for building
exteriors,
—other building
completion and finishing
work n.e.c.
This class excludes:
—interior cleaning of
buildings and other
structures see 74.70.45212212 and
DA04
45450000
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45.5 Renting of
construction or
demolition
equipment with
operator45500000
45.50 Renting of
construction or
demolition
equipment with
operatorThis class excludes:
—renting of construction
or demolition machinery
and equipment without
operators, see 71.32.45500000
F45 OJ No L 293, 24.10.1990, p.1; last amended by Regulation (EC) No 1893/2006 of the European
Parliament and of the Council (OJ No L. 393, 30.12.2006, p1).
F45 OJ No L 293, 24.10.1990, p.1; last amended by Regulation (EC) No 1893/2006 of the European
Parliament and of the Council (OJ No L. 393, 30.12.2006, p1).
SCHEDULE 2 Regulations 16(1)(c) and 90
SOCIAL AND OTHER SPECIFIC SERVICES
CPV Code Description
75200000-8; 75231200-6; 75231240-8;
79611000-0; 79622000-0 (Supply services of
domestic help personnel); 79624000-4 (Supply
services of nursing personnel) and 79625000-1
(Supply services of medical personnel) from
85000000-9 to 85323000-9; 98133100-5,
98133000-4; 98200000-5, and 98500000-8
(Private households with employed persons)
and 98513000-2 to 98514000-9 (Manpower
services for households, Agency staff services
for households, Clerical staff services for
households, Temporary staff for households,
Home-help services and Domestic services)Health and social and related services
85321000-5 and 85322000-2, 75000000-6
(Administration, defence and social
security services), 75121000-0, 75122000-7,
75124000-1; from 79995000-5 to 79995200-7;
from 80000000-4 Education and training
services to 80660000-8; from 92000000-1 to
92700000-8; 79950000-8 (Exhibition, fair and
congress organisation services), 79951000-5
(Seminar organisation services), 79952000-2
(Event services), 79952100-3 (Cultural event
organisation services), 79953000-9 (Festival
organisation services), 79954000-6 (PartyAdministrative social, educational, healthcare
and cultural services
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organisation services), 79955000-3 (Fashion
shows organisation services), 79956000-0 (Fair
and exhibition organisation services)
75300000-9 Compulsory social security services
75310000-2, 75311000-9, 75312000-6,
75313000-3, 75313100-4, 75314000-0,
75320000-5, 75330000-8, 75340000-1Benefit services
98000000-3; 98120000-0; 98132000-7;
98133110-8 and 98130000-3Other community, social and personal services
including services furnished by trade unions,
political organisations, youth associations and
other membership organisation services
98131000-0 Religious services
55100000-1 to 55410000-7; 55521000-8 to
55521200-0 (55521000-8 Catering services
for private households, 55521100-9 Meals-on-
wheels services, 55521200-0 Meal delivery
service) 55510000-8 (Canteen services),
55511000-5 (Canteen and other restricted-
clientele cafeteria services), 55512000-2
(Canteen management services), 55523100-3
(School-meal services), 55520000-1 (Catering
services), 55522000-5 (Catering services for
transport enterprises), 55523000-2 (Catering
services for other enterprises or other
institutions), 55524000-9 (School catering
services)Hotel and restaurant services
79100000-5 to 79140000-7; 75231100-5; Legal services, to the extent not excluded
pursuant to Regulation 21(1)(c)
75100000-7 to 75120000-3; 75123000-4;
75125000-8 to 75131000-3Other administrative services and government
services
75200000-8 to 75231000-4 Provision of services to the community
75231210-9 to 75231230-5; 75240000-0 to
75252000-7; 794300000-7; 98113100-9Prison related services, public security and
rescue services to the extent not excluded
pursuant to Regulation 21(1)(h)
79700000-1 to 79721000-4 (Investigation
and security services, Security services,
Alarm-monitoring services, Guard services,
Surveillance services, Tracing system
services, Absconder-tracing services, Patrol
services, Identification badge release services,
Investigation services and Detective agency
services) 79722000-1(Graphology services),
79723000-8 (Waste analysis services)Investigation and security services
98900000-2 (Services provided by extra-
territorial organisations and bodies) and
98910000-5 (Services specific to international
organisations and bodies)International services
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64000000-6 (Postal and telecommunications
services), 64100000-7 (Post and courier
services), 64110000-0 (Postal services),
64111000-7 (Postal services related to
newspapers and periodicals), 64112000-4
(Postal services related to letters), 64113000-1
(Postal services related to parcels), 64114000-8
(Post office counter services), 64115000-5
(Mailbox rental), 64116000-2 (Post-restante
services), 64122000-7 (Internal office mail and
messenger services)Postal services
50116510-9 (Tyre-remoulding services),
71550000-8 (Blacksmith services)Miscellaneous services
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations revoke and replace the Utilities Contracts Regulation 2006 (“the 2006
Regulations”).
Parts 1 to 4 implement, for England and Wales and Northern Ireland, Directive 2014/25/EU of the
European Parliament and of the Council of 26 February 2014 on procurement by entities operating
in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC
(OJ L 94, 28.3.2014, p.243). These Parts impose obligations on utilities in relation to how they
award contracts for the execution of works, the supply of products or the provision of services. In
particular—
(a) Part 1 sets out the scope of the Regulations (including by reference to thresholds based on
the estimated value of the procurement) and lays down some general rules and principles that
apply to a procurement within the scope of the Regulations;
(b) Part 2 sets out detailed rules to be followed in relation to a procurement (except where Part
3 applies);
(c) Part 3 establishes particular procurement regimes for the procurement of social and other
specific services and the use of design contests: these regimes impose less detailed
requirements and allow greater flexibilities than under Part 2;
(d) Part 4 imposes certain requirements on utilities in relation to recording and reporting
information, including requirements about retaining copies of contracts above a certain value,
documenting the progress of a procurement and sending information about a procurement to
the Minister for the Cabinet Office and the European Commission on request.
Part 5 contains provisions about remedies (and their facilitation) in relation to procurements within
the scope of Parts 1 to 4. These provisions consolidate, with amendments, part 9 (and some other
relevant provisions) of the 2006 Regulations. In so doing, they implement, for England and Wales
and Northern Ireland, Council Directive 92/13/EEC  on coordinating the laws, regulations and
administrative provisions relating to the application of Community rules on the procurement
procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ
L 76, 23.3.1992, p14) as amended.
99Document Generated: 2021-12-14
Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team
to The Utilities Contracts Regulations 2016. Any changes that have already been made by the team appear in
the content and are referenced with annotations. (See end of Document for details) View outstanding changes
Part 6 contains provisions which—
(e) revoke the 2006 Regulations and modifies those Regulations to the extent that they are not
affected by these Regulations by virtue of regulation 122;
(f) make transitional provision and savings, including provision for pending procurements, and
the procedures for their award, not to be effected by these Regulations.
A transposition note and full impact assessment of the effect that this instrument will have on
the costs of business and the voluntary is available at www.gov.uk. It is also annexed to the
Explanatory Memorandum which is available alongside the instrument at www.legislation.gov.uk.
100Changes to legislation: 
There are outstanding changes not yet made by the legislation.gov.uk editorial team to The
Utilities Contracts Regulations 2016. Any changes that have already been made by the team
appear in the content and are referenced with annotations.
View outstanding changes
Changes and effects yet to be applied to :
– reg. 19 heading words substituted by S.I. 2019/560  reg. 9(10)(a)  (This amendment
not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 19 heading words substituted by S.I. 2020/1319  reg. 10(10)(a)
– reg. 71 heading substituted by S.I. 2019/560  reg. 9(42)(a)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 71 heading substituted by S.I. 2020/1319  reg. 10(42)(a)
– reg. 72 heading words substituted by S.I. 2019/560  reg. 9(43)(a)  (This amendment
not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 72 heading words substituted by S.I. 2020/1319  reg. 10(43)(a)
– Sch. 1 words inserted by S.I. 2019/489  reg. 7
– Sch. 1 words substituted by S.I. 2021/1300  reg. 6
– reg. 2(1) words inserted by S.I. 2019/560  reg. 9(2)(b)  (This amendment not applied
to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319,
regs. 1(3), 2(a))
– reg. 2(1) words inserted by S.I. 2019/560  reg. 9(2)(c)  (This amendment not applied
to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319,
regs. 1(3), 2(a))
– reg. 2(1) words inserted by S.I. 2019/560  reg. 9(2)(e)  (This amendment not applied
to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319,
regs. 1(3), 2(a))
– reg. 2(1) words inserted by S.I. 2019/560  reg. 9(2)(g)  (This amendment not applied
to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319,
regs. 1(3), 2(a))
– reg. 2(1) words inserted by S.I. 2019/560  reg. 9(2)(i)  (This amendment not applied
to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319,
regs. 1(3), 2(a))
– reg. 2(1) words inserted by S.I. 2020/1319  reg. 10(2)(b)
– reg. 2(1) words inserted by S.I. 2020/1319  reg. 10(2)(c)
– reg. 2(1) words inserted by S.I. 2020/1319  reg. 10(2)(e)
– reg. 2(1) words inserted by S.I. 2020/1319  reg. 10(2)(h)
– reg. 2(1) words inserted by S.I. 2020/1319  reg. 10(2)(j)
– reg. 2(1) words inserted by S.I. 2021/573  reg. 4(2)(b)
– reg. 2(1) words omitted by S.I. 2019/560  reg. 9(2)(a)  (This amendment not applied
to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319,
regs. 1(3), 2(a))
– reg. 2(1) words omitted by S.I. 2019/560  reg. 9(2)(d)  (This amendment not applied
to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319,
regs. 1(3), 2(a))
– reg. 2(1) words omitted by S.I. 2019/560  reg. 9(2)(f)  (This amendment not applied
to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319,
regs. 1(3), 2(a))
– reg. 2(1) words omitted by S.I. 2019/560  reg. 9(2)(h)  (This amendment not applied
to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319,
regs. 1(3), 2(a))
– reg. 2(1) words omitted by S.I. 2020/1319  reg. 10(2)(a)
– reg. 2(1) words omitted by S.I. 2020/1319  reg. 10(2)(d)
– reg. 2(1) words omitted by S.I. 2020/1319  reg. 10(2)(f)– reg. 2(1) words omitted by S.I. 2020/1319  reg. 10(2)(g)
– reg. 2(1) words omitted by S.I. 2020/1319  reg. 10(2)(i)
– reg. 2(1) words substituted by S.I. 2021/573  reg. 4(2)(a)
– reg. 2(1) words substituted by S.I. 2021/872  reg. 4(2)
– reg. 6(3) words substituted by S.I. 2019/560  reg. 9(4)  (This amendment not applied
to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319,
regs. 1(3), 2(a))
– reg. 6(3) words substituted by S.I. 2020/1319  reg. 10(4)
– reg. 7(4) words substituted by S.I. 2019/560  reg. 9(5)  (This amendment not applied
to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319,
regs. 1(3), 2(a))
– reg. 7(4) words substituted by S.I. 2020/1319  reg. 10(5)
– reg. 16(1) word substituted by S.I. 2021/1221  reg. 5(3)(a)
– reg. 16(1)(a) sum substituted by S.I. 2019/560  reg. 9(6)(a)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 16(1)(a) sum substituted by S.I. 2020/1319  reg. 10(6)(a)
– reg. 16(1)(a) sum substituted by S.I. 2021/1221  reg. 5(2)(a)
– reg. 16(1)(b) sum substituted by S.I. 2019/560  reg. 9(6)(b)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 16(1)(b) sum substituted by S.I. 2020/1319  reg. 10(6)(b)
– reg. 16(1)(b) sum substituted by S.I. 2021/1221  reg. 5(2)(b)
– reg. 16(1)(c) sum substituted by S.I. 2019/560  reg. 9(6)(c)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 16(1)(c) sum substituted by S.I. 2020/1319  reg. 10(6)(c)
– reg. 16(3)(4) omitted by S.I. 2019/560  reg. 9(6)(d)  (This amendment not applied to
legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319,
regs. 1(3), 2(a))
– reg. 16(3)(4) omitted by S.I. 2020/1319  reg. 10(6)(d)
– reg. 17(1) word substituted by S.I. 2021/1221  reg. 5(3)(b)(i)
– reg. 17(7) word substituted by S.I. 2019/560  reg. 9(8)(a)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 17(7) word substituted by S.I. 2020/1319  reg. 10(8)(a)
– reg. 17(8) word substituted by S.I. 2021/1221  reg. 5(3)(b)(ii)
– reg. 17(9) word substituted by S.I. 2021/1221  reg. 5(3)(b)(iii)
– reg. 17(14) word substituted by S.I. 2021/1221  reg. 5(3)(b)(iv)
– reg. 17(14)(a) sum substituted by S.I. 2019/560  reg. 9(8)(b)(i)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 17(14)(a) sum substituted by S.I. 2020/1319  reg. 10(8)(b)(i)
– reg. 17(14)(b) sum substituted by S.I. 2019/560  reg. 9(8)(b)(ii)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 17(14)(b) sum substituted by S.I. 2020/1319  reg. 10(8)(b)(ii)
– reg. 18(2) omitted by S.I. 2019/560  reg. 9(9)  (This amendment not applied to
legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319,
regs. 1(3), 2(a))
– reg. 18(2) omitted by S.I. 2020/1319  reg. 10(9)
– reg. 19(1)(b) words substituted by S.I. 2019/560  reg. 9(10)(b)(i)  (This amendment
not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 19(1)(b) words substituted by S.I. 2019/560  reg. 9(10)(b)(ii)  (This amendment
not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 19(1)(b) words substituted by S.I. 2020/1319  reg. 10(10)(b)(i)– reg. 19(1)(b) words substituted by S.I. 2020/1319  reg. 10(10)(b)(ii)
– reg. 19(2) omitted by S.I. 2019/560  reg. 9(10)(c)  (This amendment not applied to
legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319,
regs. 1(3), 2(a))
– reg. 19(2) omitted by S.I. 2020/1319  reg. 10(10)(c)
– reg. 20(1)(a) word inserted by S.I. 2019/560  reg. 9(11)(a) (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 20(1)(a) word inserted by S.I. 2020/1319  reg. 10(11)(a)
– reg. 20(1)(a) words substituted by S.I. 2019/560  reg. 9(11)(b) (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 20(1)(a) words substituted by S.I. 2020/1319  reg. 10(11)(b)
– reg. 21(1)(c)(i) words omitted by S.I. 2020/1319  reg. 10(12)(a)(i)(aa)
– reg. 21(1)(c)(v) words substituted by S.I. 2019/560  reg. 9(12)(b)  (This amendment
not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 21(1)(c)(v) words substituted by S.I. 2020/1319  reg. 10(12)(a)(iii)
– reg. 21(1)(c)(ii) words omitted by S.I. 2020/1319  reg. 10(12)(a)(ii)
– reg. 21(1)(c)(iv) words substituted by S.I. 2019/560  reg. 9(12)(b)  (This amendment
not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 21(1)(c)(iv) words substituted by S.I. 2020/1319  reg. 10(12)(a)(iii)
– reg. 22 words substituted by S.I. 2019/560  reg. 9(13)  (This amendment not applied
to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319,
regs. 1(3), 2(a))
– reg. 22 words substituted by S.I. 2020/1319  reg. 10(13)
– reg. 24(2)(a) words omitted by S.I. 2019/560  reg. 9(14)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 24(2)(a) words omitted by S.I. 2020/1319  reg. 10(14)
– reg. 25(1) words substituted by S.I. 2019/560  reg. 9(15)(a)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 25(1) words substituted by S.I. 2020/1319  reg. 10(15)(a)
– reg. 25(5)(a) words substituted by S.I. 2019/560  reg. 9(15)(a)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 25(5)(a) words substituted by S.I. 2020/1319  reg. 10(15)(a)
– reg. 25(8) words substituted by S.I. 2019/560  reg. 9(15)(b)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 25(8) words substituted by S.I. 2020/1319  reg. 10(15)(b)
– reg. 26(5)(b) words substituted by S.I. 2019/560  reg. 9(16)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 26(5)(b) words substituted by S.I. 2020/1319  reg. 10(16)
– reg. 26(7) words substituted by S.I. 2019/560  reg. 9(16)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 26(7) words substituted by S.I. 2020/1319  reg. 10(16)
– reg. 27(1)(a) word inserted by S.I. 2019/560  reg. 9(17)(a)(i)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 27(1)(a) word inserted by S.I. 2020/1319  reg. 10(17)(a)(i)
– reg. 27(1)(a) word substituted by S.I. 2019/560  reg. 9(17)(a)(iii)  (This amendment
not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))– reg. 27(1)(a) word substituted by S.I. 2020/1319  reg. 10(17)(a)(iii)
– reg. 27(1)(a) words substituted by S.I. 2019/560  reg. 9(17)(a)(ii)  (This amendment
not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 27(1)(a) words substituted by S.I. 2020/1319  reg. 10(17)(a)(ii)
– reg. 27(1)(b) words substituted by S.I. 2019/560  reg. 9(17)(b)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 27(1)(b) words substituted by S.I. 2020/1319  reg. 10(17)(b)
– reg. 28(1)(c) word inserted by S.I. 2019/560  reg. 9(18)  (This amendment not applied
to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319,
regs. 1(3), 2(a))
– reg. 28(1)(c) word inserted by S.I. 2020/1319  reg. 10(18)
– reg. 28(2) word inserted by S.I. 2019/560  reg. 9(18)  (This amendment not applied to
legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319,
regs. 1(3), 2(a))
– reg. 28(2) word inserted by S.I. 2020/1319  reg. 10(18)
– reg. 28(4)(c) word inserted by S.I. 2019/560  reg. 9(18)  (This amendment not applied
to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319,
regs. 1(3), 2(a))
– reg. 28(4)(c) word inserted by S.I. 2020/1319  reg. 10(18)
– reg. 29(5)(a) words substituted by S.I. 2019/560  reg. 9(19)(a)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 29(5)(a) words substituted by S.I. 2020/1319  reg. 10(19)(a)
– reg. 29(5)(b) word substituted by S.I. 2019/560  reg. 9(19)(b)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 29(5)(b) word substituted by S.I. 2020/1319  reg. 10(19)(b)
– reg. 31 omitted by S.I. 2019/560  reg. 9(20)  (This amendment not applied to
legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319,
regs. 1(3), 2(a))
– reg. 31 omitted by S.I. 2020/1319  reg. 10(20)
– reg. 33(b) words substituted by S.I. 2019/560  reg. 9(21)(a)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 33(b) words substituted by S.I. 2020/1319  reg. 10(21)
– reg. 33(c) sum substituted by S.I. 2019/560  reg. 9(21)(b)(i)(aa)  (This amendment
not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 33(c) sum substituted by S.I. 2019/560  reg. 9(21)(b)(i)(bb)  (This amendment
not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 33(c) sum substituted by S.I. 2020/1319  reg. 10(21)(b)(i)(aa)
– reg. 33(c) sum substituted by S.I. 2020/1319  reg. 10(21)(b)(i)(bb)
– reg. 33(c)(i) words substituted by S.I. 2019/560  reg. 9(21)(b)(ii)  (This amendment
not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 33(c)(i) words substituted by S.I. 2020/1319  reg. 10(21)(b)(ii)
– reg. 33(c)(ii) word omitted by S.I. 2019/560  reg. 9(21)(b)(iii)(aa)  (This amendment
not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 33(c)(ii) word omitted by S.I. 2020/1319  reg. 10(21)(b)(iii)(aa)
– reg. 33(c)(ii) words substituted by S.I. 2019/560  reg. 9(21)(b)(iii)(bb)  (This
amendment not applied to legislation.gov.uk. Affecting Regulations revoked
(20.11.2020) by S.I. 2020/1319, regs. 1(3), 2(a))
– reg. 33(c)(ii) words substituted by S.I. 2020/1319  reg. 10(21)(b)(iii)(bb)– reg. 34(2)(b) and word omitted by S.I. 2019/560  reg. 9(22)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 34(2)(b) and word omitted by S.I. 2020/1319  reg. 10(22)
– reg. 35 omitted by S.I. 2019/560  reg. 9(23)  (This amendment not applied to
legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319,
regs. 1(3), 2(a))
– reg. 35 omitted by S.I. 2020/1319  reg. 10(23)
– reg. 37(1) omitted by S.I. 2019/560  reg. 9(24)  (This amendment not applied to
legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319,
regs. 1(3), 2(a))
– reg. 37(1) omitted by S.I. 2020/1319  reg. 10(24)
– reg. 38(2) words substituted by S.I. 2019/560  reg. 9(25)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 38(2) words substituted by S.I. 2020/1319  reg. 10(25)
– reg. 40(15)(a)(i) word substituted by S.I. 2019/560  reg. 9(26)(a)(ii)  (This amendment
not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 40(15)(a)(i) word substituted by S.I. 2020/1319  reg. 10(26)(a)(ii)
– reg. 40(15)(a)(i) words substituted by S.I. 2019/560  reg. 9(26)(a)(i)  (This
amendment not applied to legislation.gov.uk. Affecting Regulations revoked
(20.11.2020) by S.I. 2020/1319, regs. 1(3), 2(a))
– reg. 40(15)(a)(i) words substituted by S.I. 2020/1319  reg. 10(26)(a)(i)
– reg. 40(17)(c) words substituted by S.I. 2020/1319  reg. 10(26)(b)
– reg. 40(20) words substituted by S.I. 2019/560  reg. 9(26)(b)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 40(20) words substituted by S.I. 2020/1319  reg. 10(26)(d)
– reg. 40(21) words substituted by S.I. 2020/1319  reg. 10(26)(c)(i)
– reg. 40(21)(b) words substituted by S.I. 2020/1319  reg. 10(26)(c)(ii)
– reg. 43 omitted by S.I. 2019/560  reg. 10(2)  (This amendment not applied to
legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319,
regs. 1(3), 2(a))
– reg. 43 omitted by S.I. 2020/1319  reg. 11(2)
– reg. 43 heading words omitted by S.I. 2019/560  reg. 9(28)(a)  (This amendment
not applied to legislation.gov.uk. Reg. 9(28)(a) omitted immediately before IP
completion day by virtue of S.I. 2019/623, reg. 2(7)(a)(i))
– reg. 43 heading words substituted by S.I. 2021/573  reg. 4(3)(a)
– reg. 44(2) words omitted by S.I. 2019/560  reg. 9(29)  (This amendment not applied
to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319,
regs. 1(3), 2(a))
– reg. 44(2) words omitted by S.I. 2020/1319  reg. 10(29)
– reg. 45(2) word substituted by S.I. 2019/560  reg. 9(30)(a)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 45(2) word substituted by S.I. 2020/1319  reg. 10(30)(a)
– reg. 45(4)(a) words substituted by S.I. 2019/560  reg. 9(30)(b)(i)  (This amendment
not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 45(4)(a) words substituted by S.I. 2020/1319  reg. 10(30)(b)(i)
– reg. 45(4)(b) word substituted by S.I. 2019/560  reg. 9(30)(b)(ii)  (This amendment
not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 45(4)(b) word substituted by S.I. 2020/1319  reg. 10(30)(b)(ii)
– reg. 45(5) word substituted by S.I. 2019/560  reg. 9(30)(c)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))– reg. 45(5) word substituted by S.I. 2020/1319  reg. 10(30)(c)
– reg. 46(2)(a) word substituted by S.I. 2019/560  reg. 9(31)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 46(2)(a) word substituted by S.I. 2020/1319  reg. 10(31)
– reg. 47(2)(a) word substituted by S.I. 2019/560  reg. 9(32)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 47(2)(a) word substituted by S.I. 2020/1319  reg. 10(32)
– reg. 48(2)(a) word substituted by S.I. 2019/560  reg. 9(33)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 48(2)(a) word substituted by S.I. 2020/1319  reg. 10(33)
– reg. 49(5) word substituted by S.I. 2019/560  reg. 9(34)  (This amendment not applied
to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319,
regs. 1(3), 2(a))
– reg. 49(5) word substituted by S.I. 2020/1319  reg. 10(34)
– reg. 52(9)(a) word substituted by S.I. 2019/560  reg. 9(35)(a)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 52(9)(a) word substituted by S.I. 2020/1319  reg. 10(35)(a)
– reg. 57 omitted by S.I. 2019/560  reg. 9(36)  (This amendment not applied to
legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319,
regs. 1(3), 2(a))
– reg. 57 omitted by S.I. 2020/1319  reg. 10(36)
– reg. 60(8) words substituted by S.I. 2019/560  reg. 9(37)(a)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 60(8) words substituted by S.I. 2020/1319  reg. 10(37)(a)
– reg. 60(10) word inserted by S.I. 2020/1319  reg. 10(37)(b)
– reg. 60(10) words omitted by S.I. 2019/560  reg. 9(37)(b)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 60(16) words inserted by S.I. 2020/1319  reg. 10(37)(c)
– reg. 67(2) words inserted by S.I. 2019/560  reg. 38(a)  (This amendment not applied
to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319,
regs. 1(3), 2(a))
– reg. 67(2) words inserted by S.I. 2020/1319  reg. 10(38)(a)
– reg. 67(3)(a) word substituted by S.I. 2019/560  reg. 9(38)(b)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 67(3)(a) word substituted by S.I. 2020/1319  reg. 10(38)(b)
– reg. 67(4) word substituted by S.I. 2019/560  reg. 9(38)(c)(i)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 67(4) word substituted by S.I. 2020/1319  reg. 10(38)(c)(i)
– reg. 67(4) words inserted by S.I. 2019/560  reg. 9(38)(c)(ii)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 67(4) words inserted by S.I. 2020/1319  reg. 10(38)(c)(ii)
– reg. 67(5)(c) words inserted by S.I. 2019/560  reg. 9(38)(d)(i)(bb)  (This amendment
not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 67(5)(c) words inserted by S.I. 2020/1319  reg. 10(38)(d)(i)(bb)
– reg. 67(5)(c) words substituted by S.I. 2019/560  reg. 9(38)(d)(i)(aa)  (This
amendment not applied to legislation.gov.uk. Affecting Regulations revoked
(20.11.2020) by S.I. 2020/1319, regs. 1(3), 2(a))
– reg. 67(5)(c) words substituted by S.I. 2020/1319  reg. 10(38)(d)(i)(aa)– reg. 67(5)(d) words substituted by S.I. 2019/560  reg. 9(38)(d)(ii)  (This amendment
not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 67(5)(d) words substituted by S.I. 2020/1319  reg. 10(38)(d)(ii)
– reg. 68(1) words omitted by S.I. 2019/560  reg. 9(39)(a)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 68(1) words omitted by S.I. 2020/1319  reg. 10(39)(a)
– reg. 68(3) words substituted by S.I. 2019/560  reg. 9(39)(c)(i)(aa)  (This amendment
not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 68(3) words substituted by S.I. 2019/560  reg. 9(39)(c)(i)(bb)  (This amendment
not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 68(3) words substituted by S.I. 2020/1319  reg. 10(39)(c)(i)(aa)
– reg. 68(3) words substituted by S.I. 2020/1319  reg. 10(39)(c)(i)(bb)
– reg. 68(3)(a) words substituted by S.I. 2019/560  reg. 9(39)(c)(ii)  (This amendment
not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 68(3)(a) words substituted by S.I. 2020/1319  reg. 10(39)(c)(ii)
– reg. 69 substituted by S.I. 2019/560  reg. 9(40)  (This amendment not applied to
legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319,
regs. 1(3), 2(a))
– reg. 69 substituted by S.I. 2020/1319  reg. 10(40)
– reg. 70(1) word substituted by S.I. 2019/560  reg. 9(41)(a)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 70(1) word substituted by S.I. 2020/1319  reg. 10(41)(a)
– reg. 70(2) substituted by S.I. 2019/560  reg. 9(41)(b)  (This amendment not applied to
legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319,
regs. 1(3), 2(a))
– reg. 70(2) substituted by S.I. 2020/1319  reg. 10(41)(b)
– reg. 70(4) word substituted by S.I. 2019/560  reg. 9(41)(c)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 70(4) word substituted by S.I. 2020/1319  reg. 10(41)(c)
– reg. 70(5)(a) word substituted by S.I. 2019/560  reg. 9(41)(c)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 70(5)(a) word substituted by S.I. 2020/1319  reg. 10(41)(c)
– reg. 70(5)(b) word substituted by S.I. 2019/560  reg. 9(41)(c)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 70(5)(b) word substituted by S.I. 2020/1319  reg. 10(41)(c)
– reg. 71(1) word inserted by S.I. 2019/560  reg. 9(42)(b)(i)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 71(1) word inserted by S.I. 2020/1319  reg. 10(42)(b)(i)
– reg. 71(1) word substituted by S.I. 2019/560  reg. 9(42)(b)(ii)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 71(1) word substituted by S.I. 2020/1319  reg. 10(42)(b)(ii)
– reg. 71(1) words substituted by S.I. 2019/560  reg. 9(42)(b)(iii)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 71(1) words substituted by S.I. 2020/1319  reg. 10(42)(b)(iii)– reg. 71(2) words substituted by S.I. 2019/560  reg. 9(42)(c)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 71(2) words substituted by S.I. 2020/1319  reg. 10(42)(c)
– reg. 71(3) words omitted by S.I. 2019/560  reg. 9(42)(d)(ii)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 71(3) words omitted by S.I. 2020/1319  reg. 10(42)(d)(ii)
– reg. 71(3) words substituted by S.I. 2019/560  reg. 9(42)(d)(i)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 71(3) words substituted by S.I. 2020/1319  reg. 10(42)(d)(i)
– reg. 71(4) word substituted by S.I. 2019/560  reg. 9(42)(e)(i)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 71(4) word substituted by S.I. 2020/1319  reg. 10(42)(e)(i)
– reg. 71(4) words omitted by S.I. 2019/560  reg. 9(42)(e)(iii)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 71(4) words omitted by S.I. 2020/1319  reg. 10(42)(e)(iii)
– reg. 71(4) words substituted by S.I. 2019/560  reg. 9(42)(e)(ii)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 71(4) words substituted by S.I. 2020/1319  reg. 10(42)(e)(ii)
– reg. 71(5) omitted by S.I. 2019/560  reg. 9(42)(f)  (This amendment not applied to
legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319,
regs. 1(3), 2(a))
– reg. 71(5) omitted by S.I. 2020/1319  reg. 10(42)(f)
– reg. 72(1) word inserted by S.I. 2019/560  reg. 9(43)(b)(i)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 72(1) word inserted by S.I. 2020/1319  reg. 10(43)(b)(i)
– reg. 72(1) words substituted by S.I. 2019/560  reg. 9(43)(b)(ii)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 72(1) words substituted by S.I. 2020/1319  reg. 10(43)(b)(ii)
– reg. 72(3) word inserted by S.I. 2019/560  reg. 9(43)(c)(i)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 72(3) word inserted by S.I. 2020/1319  reg. 10(43)(c)(i)
– reg. 72(3) words substituted by S.I. 2019/560  reg. 9(43)(c)(ii)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 72(3) words substituted by S.I. 2020/1319  reg. 10(43)(c)(ii)
– reg. 72(4) words substituted by S.I. 2019/560  reg. 9(43)(d)(i)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 72(4) words substituted by S.I. 2019/560  reg. 9(43)(d)(ii)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 72(4) words substituted by S.I. 2020/1319  reg. 10(43)(d)(i)
– reg. 72(4) words substituted by S.I. 2020/1319  reg. 10(43)(d)(ii)
– reg. 72(5) words substituted by S.I. 2019/560  reg. 9(43)(e)(i)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 72(5) words substituted by S.I. 2019/560  reg. 9(43)(e)(ii)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))– reg. 72(5) words substituted by S.I. 2019/560  reg. 9(43)(e)(iii)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 72(5) words substituted by S.I. 2020/1319  reg. 10(43)(e)(i)
– reg. 72(5) words substituted by S.I. 2020/1319  reg. 10(43)(e)(ii)
– reg. 72(5) words substituted by S.I. 2020/1319  reg. 10(43)(e)(iii)
– reg. 72(6)(a) words substituted by S.I. 2019/560  reg. 9(43)(f)(i)  (This amendment
not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 72(6)(a) words substituted by S.I. 2020/1319  reg. 10(43)(f)(i)
– reg. 72(6)(b) word substituted by S.I. 2019/560  reg. 9(43)(f)(ii)  (This amendment
not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 72(6)(b) word substituted by S.I. 2020/1319  reg. 10(43)(f)(ii)
– reg. 73(1) words substituted by S.I. 2019/560  reg. 9(44)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 73(1) words substituted by S.I. 2020/1319  reg. 10(44)
– reg. 76(6) words inserted by S.I. 2019/560  reg. 9(45)(b)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 76(6) words inserted by S.I. 2020/1319  reg. 10(45)(b)
– reg. 76(6) words omitted by S.I. 2019/560  reg. 9(45)(a)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 76(6) words omitted by S.I. 2020/1319  reg. 10(45)(a)
– reg. 81(2) omitted by S.I. 2019/560  reg. 9(46)(a)  (This amendment not applied to
legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319,
regs. 1(3), 2(a))
– reg. 81(2) omitted by S.I. 2020/1319  reg. 10(46)(a)
– reg. 81(4) words omitted by S.I. 2019/560  reg. 9(46)(b)(iii)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 81(4) words omitted by S.I. 2020/1319  reg. 10(46)(b)(iii)
– reg. 81(4)(a)(b) omitted by S.I. 2019/560  reg. 9(46)(b)(i)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 81(4)(a)(b) omitted by S.I. 2020/1319  reg. 10(46)(b)(i)
– reg. 81(4)(c) word omitted by S.I. 2019/560  reg. 9(46)(b)(ii)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 81(4)(c) word omitted by S.I. 2020/1319  reg. 10(46)(b)(ii)
– reg. 83(3)(c) word omitted by S.I. 2019/560  reg. 9(47)(a)(i)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 83(3)(c) word omitted by S.I. 2020/1319  reg. 10(47)(a)(i)
– reg. 83(3)(c) words omitted by S.I. 2019/560  reg. 10(3)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 83(3)(c) words omitted by S.I. 2020/1319  reg. 11(3)
– reg. 83(3)(c) words substituted by S.I. 2019/560  reg. 9(47)(a)(ii)  (This amendment
not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 83(3)(c) words substituted by S.I. 2020/1319  reg. 10(47)(a)(ii)
– reg. 83(5)(6) omitted by S.I. 2019/560  reg. 9(47)(b)  (This amendment not applied to
legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319,
regs. 1(3), 2(a))
– reg. 83(5)(6) omitted by S.I. 2020/1319  reg. 10(47)(b)– reg. 84(2)(f) omitted by S.I. 2019/560  reg. 9(48)(a)  (This amendment not applied to
legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319,
regs. 1(3), 2(a))
– reg. 84(2)(f) omitted by S.I. 2020/1319  reg. 10(48)(a)
– reg. 84(6)(7) omitted by S.I. 2019/560  reg. 9(48)(b)  (This amendment not applied to
legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319,
regs. 1(3), 2(a))
– reg. 84(6)(7) omitted by S.I. 2020/1319  reg. 10(48)(b)
– reg. 85 omitted by S.I. 2020/1319  reg. 11(4)
– reg. 85(1) words inserted by S.I. 2020/1319  reg. 10(49)(a)
– reg. 85(2)(a) words substituted by S.I. 2019/560  reg. 9(49)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 85(2)(a) words substituted by S.I. 2020/1319  reg. 10(49)(b)(i)
– reg. 85(2)(c) words inserted by S.I. 2020/1319  reg. 10(49)(b)(ii)
– reg. 87(5) word substituted by S.I. 2019/560  reg. 9(50)  (This amendment not applied
to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319,
regs. 1(3), 2(a))
– reg. 87(5) word substituted by S.I. 2020/1319  reg. 10(50)
– reg. 88(2) word substituted by S.I. 2019/560  reg. 9(51)(a)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 88(2) word substituted by S.I. 2020/1319  reg. 10(51)(a)
– reg. 88(3) words inserted by S.I. 2019/560  reg. 9(51)(b)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 88(3) words inserted by S.I. 2020/1319  reg. 10(51)(b)
– reg. 89(1)(c) omitted by S.I. 2019/560  reg. 9(52)  (This amendment not applied to
legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319,
regs. 1(3), 2(a))
– reg. 89(1)(c) omitted by S.I. 2020/1319  reg. 10(52)
– reg. 91(4) word substituted by S.I. 2019/560  reg. 9(53)(a)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 91(4) word substituted by S.I. 2020/1319  reg. 10(53)(a)
– reg. 91(4) words inserted by S.I. 2019/560  reg. 9(53)(b)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 91(5) words inserted by S.I. 2020/1319  reg. 10(53)(b)
– reg. 91(6) word substituted by S.I. 2019/560  reg. 9(53)(c)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 91(6) word substituted by S.I. 2020/1319  reg. 10(53)(c)
– reg. 93(5) words substituted by S.I. 2019/560  reg. 9(54)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 93(5) words substituted by S.I. 2020/1319  reg. 10(54)
– reg. 94(a) word substituted by S.I. 2021/1221  reg. 5(3)(c)(i)
– reg. 94(b) word substituted by S.I. 2021/1221  reg. 5(3)(c)(ii)
– reg. 95(2)(a) words inserted by S.I. 2019/560  reg. 9(55)(a)(i)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 95(2)(a) words inserted by S.I. 2020/1319  reg. 10(55)(a)(i)
– reg. 95(2)(b) word substituted by S.I. 2019/560  reg. 9(55)(a)(ii)  (This amendment
not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 95(2)(b) word substituted by S.I. 2020/1319  reg. 10(55)(a)(ii)– reg. 95(3) word substituted by S.I. 2019/560  reg. 9(55)(b)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 95(3) word substituted by S.I. 2020/1319  reg. 10(55)(b)
– reg. 95(4) words inserted by S.I. 2019/560  reg. 9(55)(c)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 95(4) words inserted by S.I. 2020/1319  reg. 10(55)(c)
– reg. 96(2) omitted by S.I. 2019/560  reg. 9(56)  (This amendment not applied to
legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319,
regs. 1(3), 2(a))
– reg. 96(2) omitted by S.I. 2020/1319  reg. 10(56)
– reg. 98(1)(a) sum substituted by S.I. 2019/560  reg. 9(57)(a)(i)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 98(1)(a) sum substituted by S.I. 2020/1319  reg. 10(57)(a)(i)
– reg. 98(1)(b) sum substituted by S.I. 2019/560  reg. 9(57)(a)(ii)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 98(1)(b) sum substituted by S.I. 2020/1319  reg. 10(57)(a)(ii)
– reg. 98(2) words substituted by S.I. 2019/560  reg. 9(57)(b)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 98(2) words substituted by S.I. 2020/1319  reg. 10(57)(b)
– reg. 99(3) word inserted by S.I. 2019/560  reg. 9(58)(a)  (This amendment not applied
to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319,
regs. 1(3), 2(a))
– reg. 99(3) word inserted by S.I. 2020/1319  reg. 10(58)(a)
– reg. 99(7) substituted by S.I. 2019/560  reg. 9(58)(b)  (This amendment not applied to
legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319,
regs. 1(3), 2(a))
– reg. 99(7) substituted by S.I. 2020/1319  reg. 10(58)(b)
– reg. 99(8) omitted by S.I. 2019/560  reg. 9(58)(c)  (This amendment not applied to
legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319,
regs. 1(3), 2(a))
– reg. 99(8) omitted by S.I. 2020/1319  reg. 10(58)(c)
– reg. 99(9) and heading omitted by S.I. 2019/560  reg. 9(58)(d)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 99(9) and cross-heading omitted by S.I. 2020/1319  reg. 10(58)(d)
– reg. 104 heading words substituted by S.I. 2019/560  reg. 9(59)(a)  (This amendment
not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 104 heading words substituted by S.I. 2020/1319  reg. 10(59)(a)
– reg. 104(1)(b) words substituted by S.I. 2019/560  reg. 9(59)(b)  (This amendment
not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 104(1)(b) words substituted by S.I. 2020/1319  reg. 10(59)(b)
– reg. 104(2) word substituted by S.I. 2019/560  reg. 9(59)(c)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 104(2) word substituted by S.I. 2020/1319  reg. 10(59)(c)
– reg. 105 omitted by S.I. 2019/560  reg. 10(4)  (This amendment not applied to
legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319,
regs. 1(3), 2(a))
– reg. 105 omitted by S.I. 2020/1319  reg. 11(5)
– reg. 105 heading words substituted by S.I. 2021/573  reg. 4(5)(a)
– reg. 105(1)(a) words omitted by S.I. 2021/573  reg. 4(5)(b)– reg. 105(1)(a) words substituted by S.I. 2019/560  reg. 9(60)(a)(i)(aa)  (This
amendment not applied to legislation.gov.uk. Affecting Regulations revoked
(20.11.2020) by S.I. 2020/1319, regs. 1(3), 2(a))
– reg. 105(1)(a) words substituted by S.I. 2019/560  reg. 9(60)(a)(i)(bb)  (This
amendment not applied to legislation.gov.uk. Affecting Regulations revoked
(20.11.2020) by S.I. 2020/1319, regs. 1(3), 2(a))
– reg. 105(1)(a) words substituted by S.I. 2020/1319  reg. 10(60)(a)(i)(aa)
– reg. 105(1)(a) words substituted by S.I. 2020/1319  reg. 10(60)(a)(i)(bb)
– reg. 105(1)(b) and word omitted by S.I. 2019/560  reg. 9(60)(a)(ii)  (This amendment
not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 105(1)(b) and word omitted by S.I. 2020/1319  reg. 10(60)(a)(ii)
– reg. 105(2) omitted by S.I. 2021/573  reg. 4(5)(c)
– reg. 105(3) words substituted by S.I. 2019/560  reg. 9(60)(c)(i)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 105(3) words substituted by S.I. 2020/1319  reg. 10(60)(c)(i)
– reg. 105(3)(a) words substituted by S.I. 2019/560  reg. 9(60)(c)(ii)(aa)  (This
amendment not applied to legislation.gov.uk. Affecting Regulations revoked
(20.11.2020) by S.I. 2020/1319, regs. 1(3), 2(a))
– reg. 105(3)(a) words substituted by S.I. 2019/560  reg. 9(60)(c)(ii)(bb)  (This
amendment not applied to legislation.gov.uk. Affecting Regulations revoked
(20.11.2020) by S.I. 2020/1319, regs. 1(3), 2(a))
– reg. 105(3)(a) words substituted by S.I. 2020/1319  reg. 10(60)(c)(ii)(aa)
– reg. 105(3)(a) words substituted by S.I. 2020/1319  reg. 10(60)(c)(ii)(bb)
– reg. 105(4) omitted by S.I. 2021/573  reg. 4(5)(c)
– reg. 105(4) word substituted by S.I. 2019/560  reg. 9(60)(d)(ii)(aa)  (This amendment
not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 105(4) word substituted by S.I. 2019/560  reg. 9(60)(d)(ii)(cc)  (This amendment
not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 105(4) word substituted by S.I. 2020/1319  reg. 10(60)(e)(ii)(aa)
– reg. 105(4) word substituted by S.I. 2020/1319  reg. 10(60)(e)(ii)(cc)
– reg. 105(4) words substituted by S.I. 2019/560  reg. 9(60)(d)(i)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 105(4) words substituted by S.I. 2019/560  reg. 9(60)(d)(ii)(bb)  (This
amendment not applied to legislation.gov.uk. Affecting Regulations revoked
(20.11.2020) by S.I. 2020/1319, regs. 1(3), 2(a))
– reg. 105(4) words substituted by S.I. 2020/1319  reg. 10(60)(e)(i)
– reg. 105(4) words substituted by S.I. 2020/1319  reg. 10(60)(e)(ii)(bb)
– reg. 108(3) words substituted by S.I. 2019/560  reg. 9(61)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 108(3) words substituted by S.I. 2020/1319  reg. 10(61)
– reg. 108(4)(a) words substituted by S.I. 2019/560  reg. 9(61)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 108(4)(a) words substituted by S.I. 2020/1319  reg. 10(61)
– reg. 114(2) words substituted by S.I. 2019/560  reg. 9(62)(a)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 114(2) words substituted by S.I. 2020/1319  reg. 10(62)(a)
– reg. 114(3)(b) words substituted by S.I. 2019/560  reg. 9(62)(a)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 114(3)(b) words substituted by S.I. 2020/1319  reg. 10(62)(a)– reg. 114(3)(c) words substituted by S.I. 2019/560  reg. 9(62)(a)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 114(3)(c) words substituted by S.I. 2020/1319  reg. 10(62)(a)
– reg. 114(4) words omitted by S.I. 2019/560  reg. 9(62)(b)(i)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 114(4) words omitted by S.I. 2020/1319  reg. 10(62)(b)(i)
– reg. 114(4)(c) words substituted by S.I. 2019/560  reg. 9(62)(b)(ii)  (This amendment
not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 114(4)(c) words substituted by S.I. 2020/1319  reg. 10(62)(b)(ii)
Changes and effects yet to be applied to the whole Instrument associated Parts and
Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those
provisions):
– Pt. 5A inserted by S.I. 2019/560  reg. 9(63)  (This amendment not applied to
legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319,
regs. 1(3), 2(a))
– Pt. 5A inserted by S.I. 2020/1319  reg. 10(63)
– Sch. A1 inserted by S.I. 2021/573  reg. 4(7)
– Sch. 3 inserted by S.I. 2021/787  reg. 4(4)
– reg. 3(2)-(2D) substituted for reg. 3(2) by S.I. 2019/560  reg. 9(3)  (This amendment
not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 3(2)-(2D) substituted for reg. 3(2) by S.I. 2020/1319  reg. 10(3)
– reg. 16A inserted by S.I. 2019/560  reg. 9(7)  (This amendment not applied to
legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319,
regs. 1(3), 2(a))
– reg. 16A inserted by S.I. 2020/1319  reg. 10(7)
– reg. 21(1)(c)(i)(aa) words substituted by S.I. 2019/560  reg. 9(12)(a)(i)  (This
amendment not applied to legislation.gov.uk. Affecting Regulations revoked
(20.11.2020) by S.I. 2020/1319, regs. 1(3), 2(a))
– reg. 21(1)(c)(i)(bb) words substituted by S.I. 2019/560  reg. 9(12)(a)(ii)  (This
amendment not applied to legislation.gov.uk. Affecting Regulations revoked
(20.11.2020) by S.I. 2020/1319, regs. 1(3), 2(a))
– reg. 21(1)(c)(i)(aa) words substituted by S.I. 2020/1319  reg. 10(12)(a)(i)(bb)
– reg. 21(1)(c)(i)(bb) words substituted by S.I. 2020/1319  reg. 10(12)(a)(i)(cc)
– reg. 21(2)(za) inserted by S.I. 2020/1319  reg. 10(12)(b)
– reg. 40A inserted by S.I. 2019/560  reg. 9(27)  (This amendment not applied to
legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319,
regs. 1(3), 2(a))
– reg. 40A inserted by S.I. 2020/1319  reg. 10(27)
– reg. 43(1) reg. 43 renumbered as reg. 43(1) by S.I. 2019/560  reg. 9(28)(b)  (This
amendment not applied to legislation.gov.uk. Affecting Regulations revoked
(20.11.2020) by S.I. 2020/1319, regs. 1(3), 2(a))
– reg. 43(1) reg. 43 renumbered as reg. 43(1) by S.I. 2020/1319  reg. 10(28)(a)
– reg. 43(1) words substituted by S.I. 2019/560  reg. 9(28)(b)(i)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 43(1) words substituted by S.I. 2019/560  reg. 9(28)(b)(ii)  (This amendment
not applied to legislation.gov.uk. Reg. 9(28)(a) omitted immediately before IP
completion day by virtue of S.I. 2019/623, reg. 2(7)(a)(ii)(bb))– reg. 43(1) words substituted by S.I. 2019/560  reg. 9(28)(b)(iii)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 43(1) words substituted by S.I. 2020/1319  reg. 10(28)(a)(i)
– reg. 43(1) words substituted by S.I. 2020/1319  reg. 10(28)(a)(ii)
– reg. 43(1) words substituted by S.I. 2021/573  reg. 4(3)(b)
– reg. 43(2) inserted by S.I. 2019/560  reg. 9(28)(c)  (This amendment not applied to
legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319,
regs. 1(3), 2(a))
– reg. 43(2) inserted by S.I. 2020/1319  reg. 10(28)(b)
– reg. 43(2) substituted by S.I. 2021/573  reg. 4(3)(c)
– reg. 43A inserted by S.I. 2021/573  reg. 4(4)
– reg. 43B inserted by S.I. 2021/787  reg. 4(2)
– reg. 52(29)(29A) substituted for reg. 52(29) by S.I. 2019/560  reg. 9(35)(b)  (This
amendment not applied to legislation.gov.uk. Affecting Regulations revoked
(20.11.2020) by S.I. 2020/1319, regs. 1(3), 2(a))
– reg. 52(29)(29A) substituted for reg. 52(29) by S.I. 2020/1319  reg. 10(35)(b)
– reg. 68(1A) inserted by S.I. 2019/560  reg. 9(39)(b)  (This amendment not applied to
legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319,
regs. 1(3), 2(a))
– reg. 68(1A) inserted by S.I. 2020/1319  reg. 10(39)(b)
– reg. 71(6) inserted by S.I. 2019/560  reg. 9(42)(g)  (This amendment not applied to
legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319,
regs. 1(3), 2(a))
– reg. 71(6) inserted by S.I. 2020/1319  reg. 10(42)(g)
– reg. 76(6A)-(6C) inserted by S.I. 2019/560  reg. 9(45)(c)  (This amendment not
applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I.
2020/1319, regs. 1(3), 2(a))
– reg. 76(6A)-(6C) inserted by S.I. 2020/1319  reg. 10(45)(c)
– reg. 105(2)(2A) substituted for reg. 105(2) by S.I. 2019/560  reg. 9(60)(b)  (This
amendment not applied to legislation.gov.uk. Affecting Regulations revoked
(20.11.2020) by S.I. 2020/1319, regs. 1(3), 2(a))
– reg. 105(2)(2A) substituted for reg. 105(2) by S.I. 2020/1319  reg. 10(60)(b)
– reg. 105(2A) omitted by S.I. 2021/573  reg. 4(5)(c)
– reg. 105(3A) inserted by S.I. 2019/560  reg. 9(60)(ca)  (This amendment not applied
to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319,
regs. 1(3), 2(a))
– reg. 105(3A) inserted by S.I. 2020/1319  reg. 10(60)(d)
– reg. 105A inserted by S.I. 2021/573  reg. 4(6)
– reg. 105B inserted by S.I. 2021/787  reg. 4(3)