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(1) These Regulations may be cited as the Public Contracts and Utilities Contracts (Scotland) Amendment Regulations 2007 and come into force on 1st January 2008.
(2) In these Regulations the–
(a) “Public Contracts Regulations” means the Public Contracts (Scotland) Regulations 2006; and
(b) the “Utilities Contracts Regulations” means the Utilities Contracts (Scotland) Regulations 2006.
(3) These Regulations extend to Scotland only.
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(1) The Public Contracts Regulations are amended as follows.
(2) In regulation 2 (interpretation), after paragraph (1) insert–“
(1A) In these Regulations references to Article 7, 56 or 67 are references to Article 7, 56 or, as the case may be, 67 of the Public Sector Directive as amended from time to time.”.
(3) In regulation 8 (thresholds)–
(a) in paragraph (2) for “5,278,000 euro” substitute “the amount set out in Article 7(c)”;
(b) in paragraph (3)(a) for “137,000 euro” substitute “the amount set out in Article 7(a)”;
(c) in paragraph (3)(b) for “211,000 euro” substitute “the amount set out in Article 7(b)”;
(d) in paragraph (4) for “211,000 euro” substitute “the amount set out in Article 7(b)”;
(e) in paragraph (5)(a) for “137,000 euro” substitute “the amount set out in Article 7(a)”; and
(f) in paragraph (5)(b) for “211,000 euro” substitute “the amount set out in Article 7(b)”.
(4) In paragraph (4)(b) of regulation 11 (prior information notices) for “5,278,000 euro” substitute “the amount set out in article 7(c)”.
(5) In regulation 33 (design contests)–
(a) in paragraph (4)(a) for “137,000 euro” substitute “the amount set out in Article 67(1)(a)”;
(b) in paragraph (4)(b) for “211,000 euro” substitute “the amount set out in Article 67(1)(b)”; and
(c) in paragraph (5) for “211,000 euro” substitute “the amount set out in Article 67(1)(c)”.
(6) In paragraph (2) of regulation 36 (public works concession contracts) for “5,278,000 euro” substitute “the amount set out in Article 56”.
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(1) The Utilities Contracts Regulations are amended as follows.
(2) In regulation (2) (interpretation), after paragraph (1) insert–“
(1A) In these Regulations references to Article 16 or 61 are references to Article 16 or, as the case may be, 61 of the Utilities Directive as amended from time to time.”.
(3) In regulation 11 (thresholds)–
(a) in paragraph (2)(a) for “422,000 euro” substitute “the amount set out in Article 16(a)”; and
(b) in paragraph (2)(b) for “5,278,000 euro” substitute “the amount set out in Article 16(b)”.
(4) In paragraph (4)(b) of regulation 15 (periodic indicative notices) for “5,278,000 euro” substitute “the amount set out in Article 16(b)”.
(5) In paragraph (4) of regulation 34 (design contests) for “422 000 euro” substitute “the amount set out in Article 61(1)”.
JOHN SWINNEY
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
18th December 2007