
1 

(1) These Regulations may be cited as the Public Contracts and Utilities Contracts (Common Procurement Vocabulary Codes) Amendment (Scotland) Regulations 2008 and come into force on 23rd September 2008.
(2) These Regulations extend to Scotland only.
(3) In these Regulations–
 “contracting authority” has the meaning given to it by regulation 3 of the Public Contracts Regulations;
 “economic operator” has the meaning given by regulation 4 of the Public Contracts Regulations;
 “framework agreement” means an agreement or other arrangement between one or more contracting authorities and one or more economic operators which establishes the terms (in particular the terms as to price and, where appropriate, quantity) under which the economic operator will enter into one or more contracts with a contracting authority in the period during which the framework agreement applies;
 “Public Contracts Regulations” means the Public Contracts (Scotland) Regulations 2006;
 “Utilities Contracts Regulations” means the Utilities Contracts (Scotland) Regulations 2006; and
 “utility” has the meaning given in regulation 3 of the Utilities Contracts Regulations.
2 

(1) The Public Contracts Regulations are amended as follows.
(2) In regulation 2(1)(interpretation), in the definition of “Common Procurement Vocabulary”, after “and of the Council on the Common Procurement Vocabulary” insert “as amended by Commission Regulation (EC) No. 213/2008 amending Regulation (EC) No. 2195/2002 of the European Parliament and of the Council on the Common Procurement Vocabulary (CPV) and Directives 2004/17/EC and 2004/18/EC of the European Parliament and of the Council on public procurement procedures, as regards the revision of the CPV”.
(3) For Schedule 2 (activities constituting works) substitute the Schedule contained in Schedule 1 to these Regulations.
(4) For Schedule 3 (categories of services) substitute the Schedule contained in Schedule 2 to these Regulations.
3 

(1) The Utilities Contracts Regulations are amended as follows.
(2) In regulation 2(1)(interpretation), in the definition of “Common Procurement Vocabulary”, after “and of the Council on the Common Procurement Vocabulary” insert “as amended by Commission Regulation (EC) No 213/2008 amending Regulation (EC) No. 2195/2002 of the European Parliament and of the Council on the Common Procurement Vocabulary (CPV) and Directives 2004/17/EC and 2004/18/EC of the European Parliament and of the Council on public procurement procedures, as regards the revision of the CPV”.
(3) For Schedule 2 (activities constituting works) substitute the Schedule contained in Schedule 1 to these Regulations.
(4) For Schedule 3 (categories of services) substitute the Schedule contained in Schedule 2 to these Regulations, but as adapted for this purpose by the substitution of the words “the utility” for the words “the contracting authority” in both places where they appear in the second column of the entry for category 8.
4 

(1) A contracting authority, or as the case may be a utility, in relation to any contract awarded by it or framework agreement concluded by it prior to the coming into force of these Regulations, may treat the references to Schedules 2 and 3 in the regulations specified in paragraph (2) as references to those Schedules before their amendment by these Regulations.
(2) The specified regulations are–
(a) regulation 40(1)(f) (statistical and other reports) of the Public Contracts Regulations; and
(b) regulation 38(3) and (4) (statistical and other reports) of the Utilities Contracts Regulations.
JOHN SWINNEY
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
28th August 2008
SCHEDULE 1
Regulations 2(3) and 3(3)

“
SCHEDULE 2
Regulation 2(1)


 Section F   Construction 
Division Group Class Subject Notes CPV Code
45   Construction Construction of new buildings and works, restoring and common repairs 45000000
 45.1  Site preparation  45100000
  45.11 Demolition and wrecking of buildings; earth moving Demolition of buildings and other structures 45110000
    Clearing of building sites 
    Earth moving: excavation, landfill, levelling and grading of construction sites, trench digging, rock removal, blasting, etc. 
    Site preparation for mining: 
    overburden removal and other development and preparation of mineral properties and sites 
    Building site drainage 
    Drainage of agricultural or forestry land 
  45.12 Test drilling and boring Test drilling, test boring and core sampling for construction, geo-physical, geological or similar purposes 45120000
 45.2  Building of complete constructions or parts thereof; civil engineering  45200000
  45.21 General construction of buildings and civil engineering works Construction of all types of buildingsConstruction of civil engineering constructions 45210000Except:45213316452200004523100045232000
    Bridges, including those for elevated highways, viaducts, tunnels and subways 
    Long-distance pipelines, urban communication and power lines 
    Ancillary urban works 
    Assembly and erection of prefabricated constructions on the site 
  45.22 Erection of roof covering and frames Erection of roofs 45261000
    Roof covering 
    Waterproofing 
  45.23 Construction of highways, roads, airfields and sport facilities Construction of highways, streets, roads, other vehicular and pedestrian waysConstruction of railways 45212212 and DA03 45230000Except:452310004523200045234115
    Construction of airfield runways 
    Construction work, other than buildings, for stadiums, swimming pools, gymnasiums, tennis courts, golf courses and other sports installations 
    Painting of markings on road surfaces and car parks 
  45.24 Construction of water projects Construction of: 45240000
    waterways, harbour and river works, pleasure ports (marinas), locks, etc. 
    dams and dykes 
    dredging 
    subsurface work 
  45.25 Other construction work involving special trades Construction activities specialising in one aspect common to different kinds of structures, requiring specialised skill or equipment 4525000045262000
    Construction of foundations, including pile driving 
    Water well drilling and construction, shaft sinking 
    Erection of non-self-manufactured steel elements 
    Steel bending 
    Bricklaying and stone setting 
    Scaffolds and work platform erecting and dismantling, including renting of scaffolds and work platforms 
    Erection of chimneys and industrial ovens 
 45.3  Building installation  45300000
  45.31 Installation of electrical wiring and fittings Installation in buildings or other construction projects of: 4521331645310000Except:45316000
    electrical wiring and fittings 
    telecommunications systems 
    electrical heating systems 
    residential antennas and aerials 
    fire alarms 
    burglar alarm systems 
    lifts and escalators 
    lightning conductors, etc. 
  45.32 Insulation work activities Installation in buildings or other construction projects of thermal, sound or vibration insulation 45320000
  45.33 Plumbing Installation in buildings or other construction projects of: 45330000
    plumbing and sanitary equipment 
    gas fittings 
    heating, ventilation, refrigeration or air-conditioning equipment and ducts 
    sprinkler systems 
  45.34 Other building installation Installation of illumination and signalling systems for roads, railways, airports and harbours 452341154531600045340000
    Installation in buildings or other construction projects of fittings and fixtures n.e.c. 
 45.4  Building completion  45400000
  45.41 Plastering Application in buildings or other construction projects of interior and exterior plaster or stucco, including related lathing materials 45410000
  45.42 Joinery installation Installation of non-self-manufactured doors, windows, door and window frames, fitted kitchens, staircases, shop fittings and the like, of wood or other materials 45420000
    Interior completion such as ceilings, wooden wall coverings, movable partitions, etc. 
  45.43 Floor and wall covering Laying, tiling, hanging or fitting in buildings or other construction projects of: 45430000
    ceramic, concrete or cut stone wall or floor tiles 
    parquet and other wood floor coverings, carpets and linoleum floor coverings, including of rubber or plastic 
    terrazzo, marble, granite or slate floor or wall coverings 
    wallpaper 
  45.44 Painting and glazing Interior and exterior painting of buildings 45440000
    Painting of civil engineering structures 
    Installation of glass, mirrors, etc. 
  45.45 Other building completion Installation of private swimming pools 45212212 and DA04 45450000
    Steam cleaning, sand blasting and similar activities for building exteriors 
    Other building completion and finishing work n.e.c. 
 45.5  Renting of construction or demolition equipment with operator  45500000
  45.50 Renting of construction or demolition equipment with operator  45500000 ”

SCHEDULE 2
Regulations 2(4) and 3(4)

“
SCHEDULE 3
Regulation 2(2)


  Part A 
Category Services CPC Reference No CPV Code
1 Maintenance and repair of vehicles and equipment 6112, 6122, 633, 886 from 50100000-6 to 50884000-5 (except for 50310000-1 to 50324200-4 and 50116510-9, 50190000-3, 50229000-6, 50243000-0), and from 51000000-9 to 51900000-1
2 Transport by land, including armoured car services and courier services but not including transport of mail and transport by rail 712 (except 71235), 7512, 87304 from 60100000-9 to 60183000-4 (except 60160000-7, 60161000-4, 60220000-6), and from 64120000-3 to 64121200-2
3 Transport by air but not transport of mail 73 (except 7321) from 60410000-5 to 60424120-3 (except 60411000-2, 60421000-5), and 60500000-3, and from 60440000-4 to 60445000-9
4 Transport of mail by land, other than by rail, and by air 71235, 7321 60160000-7, 60161000-460411000-2, 60421000-5
5 Telecommunications services 752 from 64200000-8 to 64228200-2, 72318000-7, and from 72700000-7 to 72720000-3
6 Financial services:
(a) Insurance services
(b) Banking and investment services other than financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments and central bank services ex 81, 812, 814 from 66100000-1 to 66720000-3
7 Computer and related services 84 from 50310000-1 to 50324200-4, from 72000000-5 to 72920000-5 (except 72318000-7 and from 72700000-7 to 72720000-3), 79342410-4
8 Research and development services where the benefits accrue exclusively to the contracting authority for its use in the conduct of its own affairs and the services are to be wholly paid for by the contracting authority 85 from 73000000-2 to 73436000-7 (except 73200000-4, 73210000-7, 73220000-0)
9 Accounting, auditing and book-keeping services 862 from 79210000-9 to 79223000-3
10 Market research and public opinion polling services 864 from 79300000-7 to 79330000-6 and 79342310-9, 79342311-6
11 Management consultancy services and related services but not arbitration and conciliation services 865, 866 from 73200000-4 to 73220000-0, from 79400000-8 to 79421200-3 and 79342000-3, 79342100-4, 79342300-6, 79342320-2, 79342321-9, 79910000-6, 79991000-7, 98362000-8
12 Architectural services; engineering services and integrated engineering services; urban planning and landscape engineering services; related scientific and technical consulting services; technical testing and analysis services 867 from 71000000-8 to 71900000-7 (except 71550000-8) and 79994000-8
13 Advertising services 871 from 79341000-6 to 79342200-5 (except 79342000-3 and 79342100-4)
14 Building-cleaning services and property management services 874, 82201 to 82206 from 70300000-4 to 70340000-6, and from 90900000-6 to 90924000-0
15 Publishing and printing services on a fee or contract basis 88442 from 79800000-2 to 79824000-6, and from 79970000-6 to 79980000-7
16 Sewage and refuse disposal services; sanitation and similar services 94 from 90400000-1 to 90743200-9 (except 90712200-3), from 90910000-9 to 90920000-2 and 50190000-3, 50229000-6, 50243000-0

  Part B 
Category Services CPC Reference No CPV Code
17 Hotel and restaurant services 64 55100000-1 to 55524000-9 and from 98340000-8 to 98341100-6
18 Transport by rail 711 from 60200000-0 to 60220000-6
19 Transport by water 72 from 60600000-4 to 60653000-0, and from 63727000-1 to 63727200-3
20 Supporting and auxiliary transport services 74 from 63000000-9 to 63734000-3 (except 63711200-8, 63712700-0, 63712710-3, and from 63727000-1 to 63727200-3), and 98361000-1
21 Legal services 861 from 79100000-5 to 79140000-7
22 Personal placement and supply services 872 from 79600000-0 to 79635000-4 (except 79611000-0, 79632000-3, 79633000-0), and from 98500000-8 to 98514000-9
23 Investigation and security services, other than armoured car services 873 (except 87304) from 79700000-1 to 79723000-8
24 Education and vocational education services 92 from 80100000-5 to 80660000-8 (except 80533000-9, 80533100-0, 80533200-1)
25 Health and social services 93 79611000-0 and from 85000000-9 to 85323000-9 (except 85321000-5 and 85322000-2)
26 Recreational, cultural and sporting services 96 from 79995000-5 to 79995200-7, and from 92000000-1 to 92700000-8 (except 92230000-2, 92231000-9, 92232000-6)
27 Other services  ”
