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The Utilities Contracts Regulations 2016
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- UK Statutory Instruments
- 2016 No. 274
- PART 2
- CHAPTER 2
- Regulation 55
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The Utilities Contracts Regulations 2016, Section 55 is up to date with all changes known to be in force on or before 05 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Regulation 55:
- Regulations revoked by 2023 c. 54 Sch. 11 para. 7
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Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- reg. 21(1)(c)(i)(aa) words substituted by S.I. 2019/560 reg. 9(12)(a)(i) (This amendment not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319, regs. 1(3), 2(a))
- reg. 21(1)(c)(i)(bb) words substituted by S.I. 2019/560 reg. 9(12)(a)(ii) (This amendment not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319, regs. 1(3), 2(a))
Centralised purchasing activities and central purchasing bodiesE+W+N.I.
This section has no associated Explanatory Memorandum
55.—(1) Utilities may acquire works, supplies and services, or any one or more of them, from a central purchasing body offering the centralised purchasing activity referred to in paragraph (10)(a).
(2) Utilities may acquire works, supplies and services, or any one or more of them, by using—
(a)contracts awarded by a central purchasing body,
(b)dynamic purchasing systems operated by a central purchasing body or,
(c)a framework agreement concluded by a central purchasing body offering the centralised purchasing activity referred to in paragraph (10)(b).
(3) Where a dynamic purchasing system which is operated by a central purchasing body may be used by other utilities, this shall be mentioned in the call for competition setting up that dynamic purchasing system.
(4) A utility fulfils its obligations under these Regulations when it acquires supplies or services from a central purchasing body offering the centralised purchasing activity referred to in paragraph (10)(a).
(5) A utility also fulfils its obligations under these Regulations where it acquires works, supplies or services by using—
(a)contracts awarded by the central purchasing body;
(b)dynamic purchasing systems operated by the central purchasing body or;
(c)a framework agreement concluded by the central purchasing body offering the centralised purchasing activity referred to in paragraph (10)(b).
(6) However, the utility concerned shall be responsible for fulfilling the obligations imposed by these Regulations in respect of any parts of the procedure that it conducts itself, such as—
(a)awarding a contract under a dynamic purchasing system which is operated by a central purchasing body; or
(b)conducting a reopening of competition under a framework agreement that has been concluded by a central purchasing body.
(7) All procurement procedures conducted by a central purchasing body shall be performed using electronic means of communication, in accordance with the requirements set out in regulation 40.
(8) Utilities may, without applying the procedures provided for in these Regulations, award a service contract for the provision of centralised purchasing activities to a central purchasing body.
(9) Such service contracts may also include the provision of ancillary purchasing activities.
(10) In these Regulations, “centralised purchasing activities” means activities conducted on a permanent basis in one of the following forms—
(a)the acquisition of supplies or services, or both, intended for utilities;
(b)the award of contracts or the conclusion of framework agreements for works, supplies or services intended for utilities.
(11) Procurement carried out by a central purchasing body in order to perform centralised purchasing activities shall be deemed to be procurement for the pursuit of an activity referred to in regulations 9 to 15.
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