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)
”
.