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Statutory Instruments of the Scottish Parliament |
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You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Public Contracts and Utilities Contracts (Common Procurement Vocabulary Codes) Amendment (Scotland) Regulations 2008 No. 291 URL: http://www.bailii.org/scot/legis/num_reg/2008/ssi_20080291_en_1.html |
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Made
28th August 2008
Laid before the Scottish Parliament
1st September 2008
Coming into force
23rd September 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).
1.–(1) These Regulations may be cited as the Public Contracts and Utilities Contracts (Common Procurement Vocabulary Codes) Amendment (Scotland) Regulations 2008 and come into force on 23rd September 2008.
(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 (Scotland) Regulations 2006(2);
"Utilities Contracts Regulations" means the Utilities Contracts (Scotland) Regulations 2006(3); and
"utility" has the meaning given in regulation 3 of the Utilities Contracts Regulations.
2.–(1) The Public Contracts Regulations are amended as follows.
(2) In regulation 2(1)(interpretation), in the definition of "Common Procurement Vocabulary", after "and of the Council on the Common Procurement Vocabulary" insert "as amended by Commission Regulation (EC) No. 213/2008 amending Regulation (EC) No. 2195/2002 of the European Parliament and of the Council on the Common Procurement Vocabulary (CPV) and Directives 2004/17/EC and 2004/18/EC of the European Parliament and of the Council on public procurement procedures, as regards the revision of the CPV(4)".
(3) For Schedule 2 (activities constituting works) substitute the Schedule contained in Schedule 1 to these Regulations.
(4) For Schedule 3 (categories of services) substitute the Schedule contained in Schedule 2 to these Regulations.
3.–(1) The Utilities Contracts Regulations are amended as follows.
(2) In regulation 2(1)(interpretation), in the definition of "Common Procurement Vocabulary", after "and of the Council on the Common Procurement Vocabulary" insert "as amended by Commission Regulation (EC) No 213/2008 amending Regulation (EC) No. 2195/2002 of the European Parliament and of the Council on the Common Procurement Vocabulary (CPV) and Directives 2004/17/EC and 2004/18/EC of the European Parliament and of the Council on public procurement procedures, as regards the revision of the CPV".
(3) For Schedule 2 (activities constituting works) substitute the Schedule contained in Schedule 1 to these Regulations.
(4) For Schedule 3 (categories of services) substitute the Schedule contained in Schedule 2 to these Regulations, but as adapted for this purpose by the substitution of the words "the utility" for the words "the contracting authority" in both places where they appear in the second column of the entry for category 8.
4.–(1) A contracting authority, or as the case may be a utility, in relation to any contract awarded by it or framework agreement concluded by it prior to the coming into force of these Regulations, may treat the references to Schedules 2 and 3 in the regulations specified in paragraph (2) as references to those Schedules before their amendment by these Regulations.
(2) The specified regulations are-
(a) regulation 40(1)(f) (statistical and other reports) of the Public Contracts Regulations; and
(b) regulation 38(3) and (4) (statistical and other reports) of the Utilities Contracts Regulations.
JOHN SWINNEY
A member of the Scottish Executive
St Andrew´s House,
Edinburgh
28th August 2008
Regulations 2(3) and 3(3)
Regulation 2(1)
| Section F | Construction | |||||
|---|---|---|---|---|---|---|
| Division | Group | Class | Subject | Notes | CPV Code | |
| 45 | Construction | Construction of new buildings and works, restoring and common repairs | 45000000 | |||
| 45.1 | Site preparation | 45100000 | ||||
| 45.11 | Demolition and wrecking of buildings; earth moving | Demolition of buildings and other structures | 45110000 | |||
| 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 | ||||||
| Building site drainage | ||||||
| Drainage of agricultural or forestry land | ||||||
| 45.12 | Test drilling and boring | Test drilling, test boring and core sampling for construction, geo-physical, geological or similar purposes | 45120000 | |||
| 45.2 | Building of complete constructions or parts thereof; civil engineering | 45200000 | ||||
| 45.21 | General construction of buildings and civil engineering works | Construction of all types of buildings Construction of civil engineering constructions |
45210000 Except: 45213316 45220000 45231000 45232000 |
|||
| Bridges, including those for elevated highways, viaducts, tunnels and subways | ||||||
| Long-distance pipelines, urban communication and power lines | ||||||
| Ancillary urban works | ||||||
| Assembly and erection of prefabricated constructions on the site | ||||||
| 45.22 | Erection of roof covering and frames | Erection of roofs | 45261000 | |||
| Roof covering | ||||||
| Waterproofing | ||||||
| 45.23 | Construction of highways, roads, airfields and sport facilities | Construction of highways, streets, roads, other vehicular and pedestrian ways Construction of railways |
45212212 and DA03 45230000 Except: 45231000 45232000 45234115 |
|||
| 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 | ||||||
| 45.24 | Construction of water projects | Construction of: | 45240000 | |||
| waterways, harbour and river works, pleasure ports (marinas), locks, etc. | ||||||
| dams and dykes | ||||||
| dredging | ||||||
| subsurface work | ||||||
| 45.25 | Other construction work involving special trades | Construction activities specialising in one aspect common to different kinds of structures, requiring specialised skill or equipment | 45250000 45262000 |
|||
| 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 | ||||||
| 45.3 | Building installation | 45300000 | ||||
| 45.31 | Installation of electrical wiring and fittings | Installation in buildings or other construction projects of: | 45213316 45310000 Except: 45316000 |
|||
| electrical wiring and fittings | ||||||
| telecommunications systems | ||||||
| electrical heating systems | ||||||
| residential antennas and aerials | ||||||
| fire alarms | ||||||
| burglar alarm systems | ||||||
| lifts and escalators | ||||||
| lightning conductors, etc. | ||||||
| 45.32 | Insulation work activities | Installation in buildings or other construction projects of thermal, sound or vibration insulation | 45320000 | |||
| 45.33 | Plumbing | Installation in buildings or other construction projects of: | 45330000 | |||
| plumbing and sanitary equipment | ||||||
| gas fittings | ||||||
| heating, ventilation, refrigeration or air-conditioning equipment and ducts | ||||||
| sprinkler systems | ||||||
| 45.34 | Other building installation | Installation of illumination and signalling systems for roads, railways, airports and harbours | 45234115 45316000 45340000 |
|||
| Installation in buildings or other construction projects of fittings and fixtures n.e.c. | ||||||
| 45.4 | Building completion | 45400000 | ||||
| 45.41 | Plastering | Application in buildings or other construction projects of interior and exterior plaster or stucco, including related lathing materials | 45410000 | |||
| 45.42 | Joinery installation | Installation of non-self-manufactured doors, windows, door and window frames, fitted kitchens, staircases, shop fittings and the like, of wood or other materials | 45420000 | |||
| Interior completion such as ceilings, wooden wall coverings, movable partitions, etc. | ||||||
| 45.43 | Floor and wall covering | Laying, tiling, hanging or fitting in buildings or other construction projects of: | 45430000 | |||
| 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 | ||||||
| 45.44 | Painting and glazing | Interior and exterior painting of buildings | 45440000 | |||
| Painting of civil engineering structures | ||||||
| Installation of glass, mirrors, etc. | ||||||
| 45.45 | Other building completion | Installation of private swimming pools | 45212212 and DA04 45450000 | |||
| Steam cleaning, sand blasting and similar activities for building exteriors | ||||||
| Other building completion and finishing work n.e.c. | ||||||
| 45.5 | Renting of construction or demolition equipment with operator | 45500000 | ||||
| 45.50 | Renting of construction or demolition equipment with operator | 45500000 | " |
Regulations 2(4) and 3(4)
Regulation 2(2)
| Part A | |||
|---|---|---|---|
| Category | Services | CPC Reference No | CPV Code |
| 1 | Maintenance and repair of vehicles and equipment | 6112, 6122, 633, 886 | from 50100000-6 to 50884000-5 (except for 50310000-1 to 50324200-4 and 50116510-9, 50190000-3, 50229000-6, 50243000-0), and from 51000000-9 to 51900000-1 |
| 2 | Transport by land, including armoured car services and courier services but not including transport of mail and transport by rail | 712 (except 71235), 7512, 87304 | from 60100000-9 to 60183000-4 (except 60160000-7, 60161000-4, 60220000-6), and from 64120000-3 to 64121200-2 |
| 3 | Transport by air but not transport of mail | 73 (except 7321) | from 60410000-5 to 60424120-3 (except 60411000-2, 60421000-5), and 60500000-3, and from 60440000-4 to 60445000-9 |
| 4 | Transport of mail by land, other than by rail, and by air | 71235, 7321 | 60160000-7, 60161000-4 60411000-2, 60421000-5 |
| 5 | Telecommunications services | 752 | from 64200000-8 to 64228200-2, 72318000-7, and from 72700000-7 to 72720000-3 |
| 6 | Financial services: (a)
Insurance services (b)
Banking and investment services other than financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments and central bank services |
ex 81, 812, 814 | from 66100000-1 to 66720000-3 |
| 7 | Computer and related services | 84 | from 50310000-1 to 50324200-4, from 72000000-5 to 72920000-5 (except 72318000-7 and from 72700000-7 to 72720000-3), 79342410-4 |
| 8 | Research and development services where the benefits accrue exclusively to the contracting authority for its use in the conduct of its own affairs and the services are to be wholly paid for by the contracting authority | 85 | from 73000000-2 to 73436000-7 (except 73200000-4, 73210000-7, 73220000-0) |
| 9 | Accounting, auditing and book-keeping services | 862 | from 79210000-9 to 79223000-3 |
| 10 | Market research and public opinion polling services | 864 | from 79300000-7 to 79330000-6 and 79342310-9, 79342311-6 |
| 11 | Management consultancy services and related services but not arbitration and conciliation services | 865, 866 | from 73200000-4 to 73220000-0, from 79400000-8 to 79421200-3 and 79342000-3, 79342100-4, 79342300-6, 79342320-2, 79342321-9, 79910000-6, 79991000-7, 98362000-8 |
| 12 | Architectural services; engineering services and integrated engineering services; urban planning and landscape engineering services; related scientific and technical consulting services; technical testing and analysis services | 867 | from 71000000-8 to 71900000-7 (except 71550000-8) and 79994000-8 |
| 13 | Advertising services | 871 | from 79341000-6 to 79342200-5 (except 79342000-3 and 79342100-4) |
| 14 | Building-cleaning services and property management services | 874, 82201 to 82206 | from 70300000-4 to 70340000-6, and from 90900000-6 to 90924000-0 |
| 15 | Publishing and printing services on a fee or contract basis | 88442 | from 79800000-2 to 79824000-6, and from 79970000-6 to 79980000-7 |
| 16 | Sewage and refuse disposal services; sanitation and similar services | 94 | from 90400000-1 to 90743200-9 (except 90712200-3), from 90910000-9 to 90920000-2 and 50190000-3, 50229000-6, 50243000-0 |
| Part B | |||
|---|---|---|---|
| Category | Services | CPC Reference No | CPV Code |
| 17 | Hotel and restaurant services | 64 | 55100000-1 to 55524000-9 and from 98340000-8 to 98341100-6 |
| 18 | Transport by rail | 711 | from 60200000-0 to 60220000-6 |
| 19 | Transport by water | 72 | from 60600000-4 to 60653000-0, and from 63727000-1 to 63727200-3 |
| 20 | Supporting and auxiliary transport services | 74 | from 63000000-9 to 63734000-3 (except 63711200-8, 63712700-0, 63712710-3, and from 63727000-1 to 63727200-3), and 98361000-1 |
| 21 | Legal services | 861 | from 79100000-5 to 79140000-7 |
| 22 | Personal placement and supply services | 872 | from 79600000-0 to 79635000-4 (except 79611000-0, 79632000-3, 79633000-0), and from 98500000-8 to 98514000-9 |
| 23 | Investigation and security services, other than armoured car services | 873 (except 87304) | from 79700000-1 to 79723000-8 |
| 24 | Education and vocational education services | 92 | from 80100000-5 to 80660000-8 (except 80533000-9, 80533100-0, 80533200-1) |
| 25 | Health and social services | 93 | 79611000-0 and from 85000000-9 to 85323000-9 (except 85321000-5 and 85322000-2) |
| 26 | Recreational, cultural and sporting services | 96 | from 79995000-5 to 79995200-7, and from 92000000-1 to 92700000-8 (except 92230000-2, 92231000-9, 92232000-6) |
| 27 | Other services | " |
(This note is not part of the Regulations)
These Regulations amend the Public Contracts (Scotland) Regulations 2006 ("the Public Contracts Regulations") and the Utilities Contracts (Scotland) Regulations 2006 ("the Utilities Contracts Regulations").
Directive 2004/17/EC of the European Parliament and of the Council (OJ L134, 30.4.2004, p.1) ("the Utilities Directive") concerns the co-ordination of procurement procedures of entities operating in the water, energy, transport and postal service sectors. Directive 2004/18/EC of the European Parliament and of the Council (OJ L134, 30.4.2004, p.114) ("the Public Sector Directive") concerns the co-ordination of procedures for the award of public works contracts, public supply contracts and public service contracts. Those Directives have been implemented for Scotland by the Utilities Contracts Regulations and the Public Contracts Regulations respectively.
Commission Regulation (EC) 213/2008 ("the CPV Regulation") concerning public procurement procedures, as regards the revision of the Common Procurement Vocabulary amends Annexes I, IIA and IIB of the Public Sector Directive and Annexes XII, XVIIA and XVIIB of the Utilities Directive which list the activities, along with their Common Procurement Vocabulary ("CPV") codes, which constitute public works and public services for the purposes of the two Directives.
The CPV Regulation does not change the material scope of the Public Sector Directive or of the Utilities Directive.
Regulations 2 and 3 amend the Public Contracts Regulations and the Utilities Contracts Regulations to reflect the amendments to the Public Sector Directive and Utilities Directive made by the CPV Regulation.
Regulation 4 makes transitional provision for both the Public Contracts Regulations and the Utilities Contracts Regulations so as to enable a contracting authority or a utility, in certain circumstances, to treat references to Schedule 2 (activities constituting works) and Schedule 3 (categories of services) within specified regulations as references to those Schedules before amendment by these Regulations, with the effect that the previous CPV codes will continue to apply to those contracts and framework agreements concluded prior to the coming into force date of these Regulations.
A full regulatory impact assessment has not been produced as no impact on the private and voluntary sectors is foreseen.
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. Back [1]
S.S.I. 2006/1, as amended by S.S.I. 2007/2157 and S.S.I. 2007/565 and 2008/94.. Back [2]
S.S.I. 2006/2, as amended by S.S.I. 2007/2157 and S.S.I. 2007/565 and 2008/94.. Back [3]
O.J. L 74, 15.3.2008, p.1. Back [4]
