The Utilities Contracts Regulations 2016

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and replace the Utilities Contracts Regulation 2006 (“the 2006 Regulations”).

Parts 1 to 4 implement, for England and Wales and Northern Ireland, Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p.243). These Parts impose obligations on utilities in relation to how they award contracts for the execution of works, the supply of products or the provision of services. In particular—

(a)

Part 1 sets out the scope of the Regulations (including by reference to thresholds based on the estimated value of the procurement) and lays down some general rules and principles that apply to a procurement within the scope of the Regulations;

(b)

Part 2 sets out detailed rules to be followed in relation to a procurement (except where Part 3 applies);

(c)

Part 3 establishes particular procurement regimes for the procurement of social and other specific services and the use of design contests: these regimes impose less detailed requirements and allow greater flexibilities than under Part 2;

(d)

Part 4 imposes certain requirements on utilities in relation to recording and reporting information, including requirements about retaining copies of contracts above a certain value, documenting the progress of a procurement and sending information about a procurement to the Minister for the Cabinet Office and the European Commission on request.

Part 5 contains provisions about remedies (and their facilitation) in relation to procurements within the scope of Parts 1 to 4. These provisions consolidate, with amendments, part 9 (and some other relevant provisions) of the 2006 Regulations. In so doing, they implement, for England and Wales and Northern Ireland, Council Directive 92/13/EEC on coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ L 76, 23.3.1992, p14) as amended.

Part 6 contains provisions which—

(e)

revoke the 2006 Regulations and modifies those Regulations to the extent that they are not affected by these Regulations by virtue of regulation 122;

(f)

make transitional provision and savings, including provision for pending procurements, and the procedures for their award, not to be effected by these Regulations.

A transposition note and full impact assessment of the effect that this instrument will have on the costs of business and the voluntary is available at www.gov.uk. It is also annexed to the Explanatory Memorandum which is available alongside the instrument at www.legislation.gov.uk.