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Annex A
SCOTTISH STATUTORY INSTRUMENTS
2008 No. PUBLIC PROCUREMENT
The Public Contracts and Utilities Contracts (Postal Services)
Amendment (Scotland) Regulations 2008
Made -- -- 2008
Laid before the Scottish Parliament 2008
Coming into force -- 2008
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972( 1).
Citation, commencement, interpretation and extent
1. -(1) These Regulations may be cited as the Public Contracts and Utilities Contracts Procurement (Postal Services) Amendment (Scotland) Regulations 2008 and come into force on [ ].
(2) These Regulations extend to Scotland only.
(3) In these Regulations-
"contracting authority" has the meaning given to it by regulation 3 of the Public Contracts Regulations;
"economic operator" has the meaning given by regulation 4 of the Public Contracts Regulations;
"framework agreement" means an agreement or other arrangement between one or more contracting authorities and one or more economic operators which establishes the terms (in particular the terms as to price and, where appropriate, quantity) under which the economic operator will enter into one or more contracts with a contracting authority in the period during which the framework agreement applies;
"Public Contracts Regulations" means the Public Contracts Regulations (Scotland) 2006( 2); and
"Utilities Contracts Regulations" means the Utilities Contracts Regulations (Scotland) 2006( 3).
Amendment of the Public Contracts Regulations
2. -(1) The Public Contracts Regulations are amended as follows.
(2) Schedule 1 ( GPA Annex 1 Contracting Authorities) to the Public Contracts Regulations is amended by omitting "Postal Business of the Post Office".
(3) In Schedule 2 (activities constituting works), in the column headed "Notes" in Class 45.21 (general construction of buildings and civil engineering works) -
(a) after long-distance pipelines," and before "communication" omit "urban";
(1) 1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15 and the Legislative and Regulatory Reform Act 2006 (c.51), section 27(1). The function conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.
(2) S.S.I. 2006/1, amended by S.I. 2007/2157, S.S.I. 2007/565, 2008/94 and 2008/291.
(3) S.S.I. 2006/2, amended by S.I. 2007/2157, S.S.I. 2007/565, 2008/94 and 2008/291.
(b) after the entry "long-distance pipelines, communication and power lines," insert "Urban pipelines, urban communication and power lines".
Amendment of the Utilities Contracts Regulations
3. -(1) The Utilities Contracts Regulations are amended as follows.
(2) In regulation 6 (general exclusions), at the end of paragraph (l)(financial services) insert ", except where these Regulations apply by virtue of Part T of Schedule 1 (see paragraph 23(d) in the second column of that Schedule).
(3) In Schedule 1 (Utilities), after the table relating to category 7 insert the table contained in the Schedule to these Regulations.
(4) In Schedule 2 (activities constituting works), in the column headed "Notes" in Class 45.21 (general construction of buildings and civil engineering works)-
(a) after "long-distance" and before "communication", omit "urban";
(b) after the entry "long-distance pipelines, communication and power lines", insert "Urban pipelines, urban communication and power lines".
Transitional provision
4. -(1) Nothing in these Regulations affects any contract award or design contest commenced in accordance with the Public Contracts Regulations before [ ] .
(2) For the purposes of paragraph (1), a procedure or contest has been commenced before [ ] if, before that date-
(a) a contract notice has been sent to the Official Journal in accordance with the Public Contracts Regulations in order to invite offers or requests to be selected to tender for or to negotiate in respect of a proposed public contract;
(b) in any case where there is no requirement to send a contract notice to the Official Journal in accordance with the Public Contracts Regulations, the contracting authority has despatched any form of advertisement seeking offers or expressions of interest in a proposed public contract;
(c) where there is no such advertising, the contracting authority has contacted any economic operator in order to seek expressions of interest or offers in respect of a proposed public contract; or
(d) the contracting authority has sent a notice to the Official Journal in accordance with the Public Contract Regulations in order to hold a design contest.
(3) Where a framework agreement has been concluded under the Public Contracts Regulations before [ ] , nothing in these Regulations affects the award of any specific contract under that framework agreement.
Authorised to sign on behalf of the Scottish Ministers
St Andrew's House,
Edinburgh
2008
SCHEDULE Regulation 3(b)
"CATEGORY 8 - POSTAL SERVICES |
PART T |
Royal Mail Group Limited. Any other relevant person. | 22. Activities relating to the provision of postal services. For the purposes of this paragraph: (a) 'postal services' means services consisting of the clearance, sorting, routing and delivery of postal items; and |
(b) 'postal items' means items addressed in the final form in which they are to be carried, irrespective of weight. [In addition to items of correspondence, such items also include [for instance] books, catalogues, newspapers, periodicals and postal packages containing merchandise with or without commercial value, irrespective of weight.] |
23. Activities relating to the provision of the following services, but only where the conditions specified in paragraph 24 are satisfied: |
(a) mail service management services (services both preceding and subsequent to despatch, such as 'mailroom management services'); |
(b) added-value services linked to and provided entirely by electronic means (including the secure transmission of coded documents by electronic means, address management services and transmission of registered electronic mail); |
(c) services concerning postal items not included in paragraph 22, such as direct mail bearing no address, |
(d) financial services which are- |
(i) specified in category 6 of Part A of Schedule 3; or |
(ii) referred to in regulation 6(l) including [in particular] postal money orders and postal giro transfers; |
(e) philatelic services; and |
(f) logistics services (services combining physical delivery and/or warehousing with other non-postal functions). |
24. In relation to any service described in paragraph 23, the conditions are- |
(a) that the service is provided by a relevant person which also provides services within paragraph 22; and |
(b) the conditions set out in Article 30(1) of the Utilities Directive are not satisfied in respect of the services within paragraph 22 which the relevant person is providing." |
EXPLANATORY NOTE
(This note is not part of the Regulations)
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