PART 2RULES IMPLEMENTING THE PUBLIC CONTRACTS DIRECTIVE
CHAPTER 1SCOPE AND GENERAL PRINCIPLES
SECTION 1Scope
Exclusions: Utilities7
These Regulations do not apply to procurement for the award of a contract or to the organisation of a design contest by a contracting entity where—
a
the contract or design contest is for the purpose of carrying out any of the activities referred to in F1regulations 8 to 14 of the Utilities Contracts (Scotland) Regulations 2016 (gas and heat; electricity; water; transport services; ports and airports; postal services; extraction of oil and gas and exploration for or extraction of coal or other solid fuels);
b
the contract or design contest is excluded from the application of the F2Utilities Contracts (Scotland) Regulations 2016—
F3i
under regulations 17 (exclusion: contracts awarded for the purpose of resale or lease to third parties), 22 (exclusion: contracts awarded by certain utilities for the purchase of water and for the supply of energy or of fuels for the production of energy) or 32 (activities directly exposed to competition), or
ii
by reason of the value being less than the threshold provided for in F4regulation 15,
of F5those Regulations;
c
the contracting entity is a contracting authority providing postal services within the meaning of F6regulation 13(2) of the Utilities Contracts (Scotland) Regulations 2016 and the contract is for the purpose of—
i
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);
ii
financial services specified under CPV Codes 66100000-1 to 66720000-3, within the meaning of F7paragraph (1)(e) of regulation 20 of the Utilities Contracts (Scotland) Regulations 2016 and including in particular postal money orders and postal giro transfers;
iii
philatelic services; or
iv
logistics services (services combining physical delivery, warehousing or both with other non-postal functions).