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The Utilities Contracts (Scotland) Regulations 2006
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- Scottish Statutory Instruments
- 2006 No. 2
- PART 8
- Regulation 44
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Changes and effects yet to be applied to Regulation 44:
- Part 9 (regs 45 - 46) appl (mod) by S.S.I. 2010/390 reg 6
- reg 44 rev (with transtl provns) by S.S.I. 2009/428 regs 4 5
- 19 am (with transtl provns) by S.S.I. 2009/428 regs 4 5
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
- Blanket amendment words substituted by S.I. 2011/1043 art. 3-6 8-10
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Regulations revoked by S.S.I. 2012/89 reg. 48 Sch. 5 Pt. A
- reg. 6(p) inserted by S.I. 2011/1848 Sch. 4 para. 4(4)
- reg. 34(5)(e)(iii)(aa) words substituted by S.I. 2011/2053 reg. 30(2)(d)
- regs 45A - 45C added (with transtl provns) by S.S.I. 2009/428 regs 4 5
AttestationS
This section has no associated Executive Note
44.—(1) A utility which has recourse to an attestation system and obtains an attestation in accordance with Articles 4 and 5 of the Utilities Remedies Directive from an independent person or body accredited in a relevant State for the purpose of attestation in accordance with Article 6 of that Directive may include the following statement in a notice sent to the Official Journal for publication in accordance with regulations 15, 16(2)(b), 25(17) and 32(1)–
“The contracting entity has obtained an attestation in accordance with Council Directive 92/13/EC that, on...................., its contract award procedures and practices were in conformity with Community law and the national rules implementing that law.”.
(2) An attestation system established in a relevant State in accordance with the European Attestation Standard M1 is presumed to be in accordance with Articles 4 to 6 of the Utilities Remedies Directive.
Marginal Citations
M1The European Attestation Standard EN 45503: 1996D for the assessment of contract award procedures and practices of entities operating in the water, energy and transport sectors was prepared under the mandate of the Commission of the European Communities and of the European Free Trade Association.
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