The Public Contracts and Utilities Contracts (Amendment) Regulations 2007

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Public Contracts Regulations 2006 (SI 2006/05) (“the Public Contracts Regulations”) and the Utilities Contracts Regulations 2006 (SI 2006/06) (“the Utilities Contracts Regulations”).

Council Directive 2004/18/EC (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 services contracts. Council Directive 2004/17/EC (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. Those Directives have been implemented for England, Wales and Northern Ireland by the Public Contracts Regulations and the Utilities Contracts Regulations respectively.

Regulations 2 and 3 amend the Public Contracts Regulations and the Utilities Contracts Regulations to replace the fixed threshold figures which currently appear in the Regulations with references which will automatically apply changes in the relevant threshold figures in the Public Sector Directive and the Utilities Directive as and when such amendments of those Directives come into force. The current threshold figures are available from the Office of Government Commerce website (www.ogc.gov.uk).

The Public Contracts Regulations include a list of professional and trade registers (or designate alternative provisions) for each member State of the European Union. Regulation 4 and 5 amend those lists with amendments to include professional and trade registers for those member States who joined the European Union in

(i) May 2004 (as set out in the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, OJ L236 23.9.2003, p.33); and

(ii) January 2007 (as set out in Council Directive 2006/97/EC adapting certain Directives in the field of free movement of goods, by reason of the accession of Bulgaria and Romania, OJ L363 20.12.2006, p.107).

Regulation 4 also makes a miscellaneous amendment with respect to professional registers and trade associations in Spain. Regulation 6 makes minor amendments to the Public Contracts Regulations to clarify the application of the regulations to a framework agreement or dynamic purchasing system in relation to which only Part B services contracts can be based or awarded; to the use of the negotiated procedure without prior publication of a contract notice; and to the subcontracting of work under a public works concession contract. The list of economic operators to be submitted to a contracting authority has also been clarified. In addition a number of minor corrections, mostly of typographical and cross-referencing errors, have been made.

Regulation 7 makes minor amendments to the Utilities Contract Regulations to clarify the calculation of turnover by a utility in respect of its affiliated undertakings, and to make a minor correction to the definition of a central purchasing body.

A full regulatory impact assessment has not been produced as no impact on the private and voluntary sectors is foreseen.

A Transposition Note is attached to the Explanatory Memorandum which is available alongside this instrument on the OPSI website (www.opsi.gov.uk).