SCHEDULE 6CONSEQUENTIAL AND MISCELLANEOUS AMENDMENTS
PART 1Consequential amendments to Acts of Parliament
Late Payment of Commercial Debts (Interest) Act 19981
In section 4 of the Late Payment of Commercial Debts (Interest) Act 1998 M1 (period for which statutory interest runs), in subsection (8), in the definition of “public authority” for “regulation 3 of the Public Contracts Regulations 2006 M2” substitute “
regulation 2(1) of the Public Contracts Regulations 2015
”
.
Greater London Authority Act 19992
The Greater London Authority Act 1999 M3 is amended as follows.
3
1
Section 355 M4 (duties of waste collection authorities etc.) is amended as follows.
2
In subsection (7)(a) for “the public procurement regulations” substitute “
the Utilities Contracts Regulations 2006 M5
”
.
3
After subsection (7) insert—
8
In any case where—
a
an authority is required to comply with the Public Contracts Regulations 2015 in the awarding of a waste contract,
b
in compliance with those regulations the authority sends the contract notice relating to the awarding of that contract to the Publications Office of the European Union, and
c
after the authority sends that notice, the Mayor revises the provisions of the London Environment Strategy dealing with municipal waste management,
4
1
Section 356 (directions by the Mayor) is amended as follows.
2
In subsection (3)(a) for “the public procurement regulations” substitute “
the Utilities Contracts Regulations 2006
”
.
3
After subsection (3) insert—
3A
The Mayor may not give to an authority a direction under subsection (1) above requiring the authority to exercise a function in relation to the awarding of a waste contract if—
a
the authority is required to comply with the Public Contracts Regulations 2015 in awarding that contract, and
b
in compliance with those regulations the authority has sent the contract notice relating to the awarding of that contract to the Publications Office of the European Union.
5
1
Section 358 M6 (information about new waste contracts) is amended as follows.
2
In subsection (1) for “the public procurement regulations” substitute “
the Utilities Contracts Regulations 2006
”
.
3
After subsection (1) insert—
1ZA
If, in the awarding of a waste contract, a waste authority in compliance with the Public Contracts Regulations 2015 has decided—
a
to send to the Publications Office of the European Union a prior information notice relating to the awarding of the contract, or
b
to publish such a notice on the authority's buyer profile, subsection (1A) below applies.
4
In subsection (1A) for “that notice” substitute “
the notice in question
”
.
5
In subsection (1B) for “the public procurement regulations” substitute “
the Utilities Contracts Regulations 2006
”
.
6
After subsection (1B) insert—
1BA
If, in the awarding of a waste contract, a waste authority in compliance with Public Contracts Regulations 2015—
a
has decided not to send or publish a prior information notice, but
b
decides to send to the Publications Office of the European Union a contract notice relating to the awarding of the contract, subsection (1C) below applies.
7
In subsection (1C) for “that notice” substitute “
the notice in question
”
.
8
In subsection (2) for “the public procurement regulations” substitute “
the Utilities Contracts Regulations 2006 or the Public Contracts Regulations 2015
”
.
6
In section 359 (confidential information about waste contracts) in subsection (1)(c) for “the public procurement regulations” substitute “
the Utilities Contracts Regulations 2006 or the Public Contracts Regulations 2015
”
.
7
1
Section 360 M7 (interpretation) is amended as follows.
2
In subsection (2)—
a
in the definition of “buyer profile” for “the public procurement regulations” substitute “
the Utilities Contracts Regulations 2006 or the Public Contracts Regulations 2015
”
,
b
omit the definition of “the public procurement regulations”, and
c
insert in the appropriate place—
i
“ “contract notice” has the same meaning as in regulation 49 of the Public Contracts Regulations 2015,”, and
ii
“ “prior information notice” has the same meaning as in regulation 48 of the Public Contracts Regulations 2015,”.
3
In subsection (3)—
a
after “waste authority” insert “
in compliance with the Utilities Contracts Regulations 2006
”
,
b
omit paragraph (a) (and the “or” immediately following it), and
c
in paragraph (b) omit the words from “in a case” to “2006,”.
4
In subsection (4)—
a
after “waste authority” insert “
in compliance with the Utilities Contracts Regulations 2006
”
,
b
omit paragraph (a) (and the “or” immediately following it), and
c
omit the words from “in a case” to “2006,”.
Public Services (Social Value) Act 20128
1
Section 1 of the Public Services (Social Value) Act 2012 M8 (contracts of relevant authorities) is amended as follows.
2
In subsection (2)(a) for “the Official Journal of the European Union” substitute “
the Publications Office of the European Union
”
.
3
Subsection (13) is omitted.
4
In subsection (15)—
a
in the definition of “framework agreement” after “Regulations” insert “
(whether or not the Regulations apply)
”
,
b
the definition of “public services contract” is omitted,
c
in the definition of “the Regulations” for “Public Contracts Regulations 2006 (S.I. 2006/5)” substitute “
Part 2 of the Public Contracts Regulations 2015 (S.I. 2015/102)
”
, and
d
in the definition of “relevant authority” for “for the purposes of the Regulations” substitute “
within the meaning of the Regulations (whether or not the Regulations apply)
”
.
5
After subsection (15) insert—
16
For the purposes of this section references to a public services contract are to—
a
a public service contract to which the Regulations apply (or which is treated as such a contract by the Regulations), or
b
any contract, not being a contract falling within paragraph (a), which would have been a public services contract to which the Public Contracts Regulations 2006 would have applied (or which would have been treated by those Regulations as such a contract) if those Regulations had not been revoked
Health and Social Care Act 20129
In section 76 of the Health and Social Care Act 2012 M9 (regulations under section 75), in subsection (8)(b) for “the Public Contracts Regulations 2006 (S.I. 2006/5)” substitute “
the Public Contracts Regulations 2015 (S.I. 2015/102)
”
.
PART 2Consequential and miscellaneous amendments to other legislation
Rehabilitation of Offenders Act 1974 (Exceptions) Order 197510
For article 3(1)(j) of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 M10 substitute—
j
any question asked by or on behalf of a contracting authority in relation to a conviction for an offence listed in regulation 57(1) of the Public Contracts Regulations 2015 which is a spent conviction (or any circumstances ancillary to such a conviction) for the purpose of determining whether or not a person is excluded—
i
for the purposes of regulation 57 of the Public Contracts Regulations 2015, or
ii
from participation in a design contest for the purposes of regulation 80 of the Public Contracts Regulations 2015,
where the person questioned is informed at the time the question is asked that, by virtue of this Order, spent convictions for such offences are to be disclosed;
ja
any question asked by or on behalf of a contracting authority in relation to a conviction for an offence listed in regulation 26(1) of the Utilities Contracts Regulations 2006 M11 which is a spent conviction (or any circumstances ancillary to such a conviction) for the purpose of determining whether or not a person is ineligible—
i
for the purposes of regulation 26 of the Utilities Contracts Regulations 2006, or
ii
to participate in a design contest for the purposes of regulation 34 of the Utilities Contracts Regulation 2006,
where the person questioned is informed at the time the question is asked that, by virtue of this Order, spent convictions for such offences are to be disclosed;
Civil Procedure Rules 199811
1
Rule 54.5 of the Civil Procedure Rules 1998 M12 is amended as follows.
2
In paragraph (A1)—
a
for the definition of “decision governed by the Public Contracts Regulations 2006 M13” substitute—
“decision governed by the Public Contracts Regulations 2015” means any decision the legality of which is or may be affected by a duty owed to an economic operator by virtue of regulations 89 or 90 of those Regulations (and for this purpose it does not matter that the claimant is not an economic operator); and
b
in the definition of “economic operator” for “regulation 4 of the Public Contracts Regulations 2006” substitute “
regulation 2(1) of the Public Contracts Regulations 2015
”
.
3
In paragraph (6)—
a
for “the Public Contracts Regulations 2006” substitute “
the Public Contracts Regulations 2015
”
,
b
for “regulation 47D(2)” substitute “
regulation 92
”
.
Service Charges (Consultation Requirements) (England) Regulations 200312
In regulation 2(1) of the Service Charges (Consultation Requirements) (England) Regulations 2003 M14 in the definition of “public notice” for “in the Official Journal of the European Union pursuant to the Public Contracts Regulations 2006” substitute “
by the Publications Office of the EU pursuant to the Public Contracts Regulations 2015
”
.
Schools Forums (Wales) Regulations 200313
In regulation 9(1) of the Schools Forums (Wales) Regulations 2003 M15 for “regulation 8 of the Public Contracts Regulations 2006” substitute “
regulation 5 of the Public Contracts Regulations 2015
”
.
Service Charges (Consultation Requirements) (Wales) Regulations 200414
In regulation 2(1) of the Service Charges (Consultation Requirements) (Wales) Regulations 2004 M16 in the definition of “public notice” for “in the Official Journal of the European Union pursuant to the Public Contracts Regulations 2006” substitute “
by the Publications Office of the EU pursuant to the Public Contracts Regulations 2015
”
.
Utilities Contracts Regulations 200615
1
The Utilities Contracts Regulations 2006 are amended as follows.
2
In regulation 2, in the definition of “contracting authority” for “regulation 3 of the Public Contracts Regulations 2006” substitute “
regulation 2(1) of the Public Contracts Regulations 2015
”
.
3
In regulation 3(2) for the definition of “local authority” substitute—
“local authority” means—
- a
in relation to a local authority in England—
- i
a county council, a district council, a London borough council, a parish council, the Council of the Isles of Scilly;
- ii
the Common Council of the City of London in its capacity as local authority or police authority; or
- iii
the Greater London Authority or a functional body within the meaning of the Greater London Authority Act 1999 M17;
- b
in relation to a local authority in Wales, a county council, a county borough council or a community council;
- c
in relation to Scotland, a local authority within the meaning of section 235(1) of the Local Government (Scotland) Act 1973 M18 and also includes a joint board or joint committee within the meaning of section 235(1) of that Act;
- d
in relation to a local authority in Northern Ireland, a district council within the meaning of the Local Government Act (Northern Ireland) 1972 M19.
4
In regulations 5 and 21 for “the Public Contracts Regulations 2006”, in each place it occurs, substitute “
Part 2 of the Public Contracts Regulations 2015
”
.
Provision of Services Regulations 200916
In regulation 31(5)(g) of the Provision of Services Regulations 2009 M20 for “regulations 23(5), 24(1) and 25 of the Public Contracts Regulations 2006” substitute “
regulations 60(1) (read with regulation 58(5)), 60(4) and (5) and 62 of the Public Contracts Regulations 2015
”
.
Quality Contracts Schemes (Tendering Requirements) (England) Regulations 200917
In regulation 9 of the Quality Contracts Tendering Schemes (Tendering Requirements) (England) Regulations 2009 M21 for “the Public Contracts Regulations 2006, the Utilities Contracts Regulations 2006 or the Defence and Security Public Contracts Regulations 2011 M22” substitute “
the Utilities Contracts Regulations 2006, the Defence and Security Public Contracts Regulations 2011 or Part 2 or 3 of the Public Contracts Regulations 2015
”
.
Cleaner Road Transport Vehicle Regulations 201118
1
The Cleaner Road Transport Vehicle Regulations 2011 M23 are amended as follows.
2
In regulation 2(1)—
a
omit the definitions of “contracting authority”, “established”, “national of a relevant State” and “relevant State”,
b
in the appropriate place insert “ “contracting authority” has the meaning given to “
contracting authorities
”
in regulation 2(1) of the Public Contracts Regulations 2015,”,
c
in the definition of “contract notice” for “the Public Contracts Regulations 2006” substitute “
Part 2 of the Public Contracts Regulations 2015
”
,
d
in the definition of “declaration of ineffectiveness” for “regulation 47(1) of the Public Contracts Regulations 2006” substitute “
regulation 88(1) of the Public Contracts Regulations 2015
”
,
e
in the definition of “economic operator” for “Public Contracts Regulations 2006” substitute “
Public Contracts Regulations 2015
”
, and
f
in the definition of “procurement procedure” for sub-paragraph (a) substitute—
“the open procedure, the restricted procedure, the competitive procedure with negotiation, competitive dialogue, the negotiated procedure without prior publication or an innovation partnership within the meaning of the Public Contracts Regulations 2015;”
3
In regulation 3—
a
in paragraph (3)(a) for “the Public Contracts Regulations 2006” substitute “
Part 2 of the Public Contracts Regulations 2015
”
,
b
in paragraph (4)(a) for “Public Contracts Regulations 2006 by regulation 8 (thresholds)” substitute “
Public Contracts Regulations 2015 by regulation 5 (threshold amounts)
”
.
4
In regulation 6—
a
in paragraph (2) for “Part 9 of the Public Contracts Regulations 2006” substitute “
Part 3 of the Public Contracts Regulations 2015
”
,
b
in paragraph 2(a) for “regulation 47A” substitute “
regulation 89
”
,
c
in paragraph (4) for “Part 9 of the Public Contracts Regulations 2006” substitute “
Part 3 of the Public Contracts Regulations 2015
”
,
d
in paragraph (4)(a) for “a national of and established in a relevant State” substitute “
a national of or established in an EEA state
”
.
Defence and Security Public Contracts Regulations 201119
1
The Defence and Security Regulations are amended as follows.
2
In regulation 2(2) for “will” substitute “
must
”
.
3
In regulation 3(1)—
a
in the definition of “central purchasing body” for “regulation 3 of the Public Contracts Regulations 2006 M24” substitute “
regulation 2(1) of the Public Contracts Regulations 2015
”
,
b
in the definition of “disabled person” omit the words “and “disabled person” is to be interpreted accordingly”, and
c
in the definition of “supply contract” for—
i
“(c)” substitute “(a)”,
ii
“(d)” substitute “(b)”.
4
In regulation 4(a) for “a “contracting authority” within the meaning of regulation 3 of the Public Contracts Regulations 2006;” substitute “
“contracting authorities” within the meaning of regulation 2(1) of the Public Contracts Regulations 2015;
”
.
5
In regulation 6 for “the Public Contracts Regulations 2006”, in each place it occurs, substitute “
Part 2 of the Public Contracts Regulations 2015
”
.
6
In regulation 7(1)(g) omit “, including existing buildings and other structures, land covered with water, and any estate, interest, easement, servitude or right in or over land”.
7
In regulation 12(1) in the definition of “recognised bodies” omit “and “recognised body” shall be interpreted accordingly”.
8
In regulations 16(2), 31(9) and 33(14) for sub-paragraph (b), in each place it occurs, substitute—
b
where the contracting authority is—
i
a “body governed by public law” within the meaning of regulation 2(1) of the Public Contracts Regulations 2015 and the Secretary of State for Defence is the authority referred to in sub-paragraph (c) of that definition for that body or the financing, supervisory or appointing body,
ii
an association formed by either the Secretary of State for Defence or one or more bodies governed by public law within the meaning of (i), or
iii
a contracting authority within the meaning of regulation 3(1)(bb) of the Public Contracts (Scotland) Regulations 2012 M25 and the Secretary of State for Defence is “another contracting authority” within the meaning of that provision,
in which case the contracting authority must submit the report to the Ministry of Defence for onward transmission to the Commission.
9
In regulation 21—
a
in paragraph 5(b) for “price or the values” substitute “
values, which can include the price,
”
, and
b
omit paragraph (19).
10
In regulation 46 for paragraph (3) substitute—
3
This paragraph applies where the contracting authority is—
a
a “body governed by public law” within the meaning of regulation 2(1) of the Public Contracts Regulations 2015 and the Secretary of State for Defence is the authority referred to in sub-paragraph (c) of that definition for that body or the financing, supervisory or appointing body,
b
an association formed by either the Secretary of State for Defence or one or more bodies governed by public law within the meaning of (i), or
b
a contracting authority within the meaning of regulation 3(1)(bb) of the Public Contracts (Scotland) Regulations 2012 and the Secretary of State for Defence is “another contracting authority” within the meaning of that provision.
Schools Forums (England) Regulations 201220
In regulation 9 of the Schools Forum (England) Regulations 2012 M26 for “regulation 8” of the Public Contracts Regulations 2006” substitute “
regulation 5 of the Public Contracts Regulations 2015
”
.
National Health Service (Procurement, Patient Choice and Competition) (No. 2) Regulations 201321
In regulations 13(3) and 17 of the National Health Service (Procurement, Patient Choice and Competition) (No. 2) Regulations 2013 M27 (and the corresponding entries in the table of contents for those Regulations) for “Public Contracts Regulations 2006”, in each place it occurs, substitute “
Public Contracts Regulations 2015
”
.
Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 201322
The Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 M28 are amended as follows.
23
In regulation 6(2)—
a
in sub-paragraph (a) for “the Public Contracts Regulations 2006 nor the Utilities Contracts Regulations 2006 M29” substitute “
the Utilities Contracts Regulations 2006 nor Part 2 of the Public Contracts Regulations 2015
”
,
b
in sub-paragraph (c) omit sub-paragraph (i),
c
in sub-paragraph (d) for “regulation 14 of the Public Contracts Regulations 2006” substitute “
regulation 32 of the Public Contracts Regulations 2015
”
.
24
In regulation 8(3)(a) for “the Public Contracts Regulations 2006 or the Utilities Contracts Regulations 2006” substitute “
the Utilities Contracts Regulations 2006 or Part 2 of the Public Contracts Regulations 2015
”
.
25
The provisions of the Utilities Contracts Regulations 2006 applied by the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 have effect with the amendments of those provisions made by these Regulations.
Energy Savings Opportunity Scheme Regulations 201426
In regulation 16(2)(b)(i) of the Energy Savings Opportunity Scheme Regulations 2014 M30 for “a “contracting authority” as defined in regulation 3 of the Public Contracts Regulations 2006” substitute “
any of the “contracting authorities” as defined in regulation 2(1) of the Public Contracts Regulations 2015
”
.
Tax Relief for Social Investments (Accreditation of Social Impact Contractor) Regulations 201427
In regulation 3(2)(a) of the Tax Relief for Social Investments (Accreditation of Social Impact Contractor) Regulations 2014 M31 for “regulation 3(1) of the Public Contracts Regulations 2006” substitute “
regulation 2(1) of the Public Contracts Regulations 2015
”
.