
1 

(1) These Regulations may be cited as the Public Procurement etc. (Miscellaneous Amendments) (Scotland) Regulations 2019.
(2) These Regulations come into force on 1 July 2019.
2 

(1) The Utilities Contracts (Scotland) Regulations 2016 are amended as follows.
(2) In regulation 2(1) (interpretation), in the definition of “contract”, for “supplies or services” substitute “supply or service”.
(3) In regulation 3(1) (subject-matter and application of these regulations), for “to the organisation” substitute “for the organisation”.
(4) In regulation 35(3)(c) (economic operators), for “services” substitute “service”.
(5) In regulation 61(1)(a) (communication of technical specifications), for “services” substitute “service”.
(6) In regulation 77(10) (reliance on capacity of other entities), for “services” substitute “service”.
(7) In regulation 85 (subcontracting)—
(a) in paragraph (4)(b), for “services contract” substitute “service contract”,
(b) in paragraph (8)(a) and (b), for “services contracts” substitute “service contracts”.
3 

(1) The Concession Contracts (Scotland) Regulations 2016 are amended as follows.
(2) In regulation 9(1)(a) (exclusions: concession contracts awarded on the basis of an exclusive right), for “a concession contract” substitute “a services concession contract”.
(3) In regulation 52(5)(a) (enforcement of duties through the courts), for “form and matter of publication of notices” substitute “form and manner of publication of notices”.
4 

(1) The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 are amended as follows.
(2) In regulation 5 (amendments to the Utilities Contracts (Scotland) Regulations 2016 that are commenced on exit day), omit paragraphs (2)(a)(iii), (3)(a), (23)(b), (36), (45) and (50)(a) and (c).
(3) In regulation 7 (amendments to the Concession Contracts (Scotland) Regulations 2016 that are commenced on exit day), omit paragraphs (7)(a) and (29)(c).
DEREK MACKAY
A member of the Scottish Government
St Andrew’s House,
Edinburgh
16th May 2019