LegalizeThe Public Contracts and Utilities Contracts (Postal Services and Common Procurement Vocabulary Codes) Amendment (Scotland) Regulations 2008
Made: 17th November 2008
Laid before the Scottish Parliament: 18th November 2008
Coming into force: 12th December 2008
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Citation, commencement, interpretation and extent
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Amendment of the Public Contracts Regulations
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Amendment of the Utilities Contracts Regulations
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Transitional provision
4
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SCHEDULE
| CATEGORY 8 – POSTAL SERVICES | CATEGORY 8 – POSTAL SERVICES | PART T | PART T |
|---|---|---|---|
| Royal Mail Group Limited. Any other relevant person. | 22 Activities relating to the provision of postal services. For the purposes of this paragraph: a “postal services” means services consisting of the clearance, sorting, routing and delivery of postal items; and b “postal items” means items addressed in the final form in which they are to be carried, irrespective of weight. In addition to items of correspondence, such items also include books, catalogues, newspapers, periodicals and postal packages containing merchandise with or without commercial value, irrespective of weight. | ||
| 23 Activities relating to the provision of the following services, but only where the conditions specified in paragraph 24 are satisfied: a mail service management services (services both preceding and subsequent to despatch, such as “mailroom management services”); b added-value services linked to and provided entirely by electronic means (including the secure transmission of coded documents by electronic means, address management services and transmission of registered electronic mail); c services concerning postal items not included in paragraph 22, such as direct mail bearing no address; d financial services which are– i specified in category 6 of Part A of Schedule 3; or ii referred to in regulation 6(l) including in particular postal money orders and postal giro transfers; e philatelic services; and f logistics services (services combining physical delivery and/or warehousing with other non-postal functions). | |||
| 24 In relation to any service described in paragraph 23, the conditions are that– a the service is provided by a relevant person which also provides services within paragraph 22; and b the conditions set out in Article 30(1) of the Utilities Directive are not satisfied in respect of the services within paragraph 22 which the relevant person is providing. |
Signed
JOHN SWINNEY — A member of the Scottish Executive — 17th November 2008
Explanatory note
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Footnotes
[^f00001]: 1972 c. 68. Section 2(2) was amended by the Scotland Act 1998 (c. 46), Schedule 8, paragraph 15 and the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1). The function conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.
[^f00002]: S.S.I. 2006/1, amended by S.I. 2007/2157, S.S.I. 2007/565, 2008/94 and 2008/291.
[^f00003]: S.S.I. 2006/2, amended by S.I. 2007/2157, S.S.I. 2007/565, 2008/94 and 2008/291.
| CATEGORY 8 – POSTAL SERVICES | CATEGORY 8 – POSTAL SERVICES | PART T | PART T |
|---|---|---|---|
| Royal Mail Group Limited.Any other relevant person. | 22Activities relating to the provision of postal services. For the purposes of this paragraph:a“postal services” means services consisting of the clearance, sorting, routing and delivery of postal items; andb“postal items” means items addressed in the final form in which they are to be carried, irrespective of weight. In addition to items of correspondence, such items also include books, catalogues, newspapers, periodicals and postal packages containing merchandise with or without commercial value, irrespective of weight. | 22Activities relating to the provision of postal services. For the purposes of this paragraph:a“postal services” means services consisting of the clearance, sorting, routing and delivery of postal items; andb“postal items” means items addressed in the final form in which they are to be carried, irrespective of weight. In addition to items of correspondence, such items also include books, catalogues, newspapers, periodicals and postal packages containing merchandise with or without commercial value, irrespective of weight. | 22Activities relating to the provision of postal services. For the purposes of this paragraph:a“postal services” means services consisting of the clearance, sorting, routing and delivery of postal items; andb“postal items” means items addressed in the final form in which they are to be carried, irrespective of weight. In addition to items of correspondence, such items also include books, catalogues, newspapers, periodicals and postal packages containing merchandise with or without commercial value, irrespective of weight. |
| 23Activities relating to the provision of the following services, but only where the conditions specified in paragraph 24 are satisfied:amail service management services (services both preceding and subsequent to despatch, such as “mailroom management services”);badded-value services linked to and provided entirely by electronic means (including the secure transmission of coded documents by electronic means, address management services and transmission of registered electronic mail);cservices concerning postal items not included in paragraph 22, such as direct mail bearing no address;dfinancial services which are–ispecified in category 6 of Part A of Schedule 3; oriireferred to in regulation 6(l) including in particular postal money orders and postal giro transfers;ephilatelic services; andflogistics services (services combining physical delivery and/or warehousing with other non-postal functions). | 23Activities relating to the provision of the following services, but only where the conditions specified in paragraph 24 are satisfied:amail service management services (services both preceding and subsequent to despatch, such as “mailroom management services”);badded-value services linked to and provided entirely by electronic means (including the secure transmission of coded documents by electronic means, address management services and transmission of registered electronic mail);cservices concerning postal items not included in paragraph 22, such as direct mail bearing no address;dfinancial services which are–ispecified in category 6 of Part A of Schedule 3; oriireferred to in regulation 6(l) including in particular postal money orders and postal giro transfers;ephilatelic services; andflogistics services (services combining physical delivery and/or warehousing with other non-postal functions). | 23Activities relating to the provision of the following services, but only where the conditions specified in paragraph 24 are satisfied:amail service management services (services both preceding and subsequent to despatch, such as “mailroom management services”);badded-value services linked to and provided entirely by electronic means (including the secure transmission of coded documents by electronic means, address management services and transmission of registered electronic mail);cservices concerning postal items not included in paragraph 22, such as direct mail bearing no address;dfinancial services which are–ispecified in category 6 of Part A of Schedule 3; oriireferred to in regulation 6(l) including in particular postal money orders and postal giro transfers;ephilatelic services; andflogistics services (services combining physical delivery and/or warehousing with other non-postal functions). | |
| 24In relation to any service described in paragraph 23, the conditions are that–athe service is provided by a relevant person which also provides services within paragraph 22; andbthe conditions set out in Article 30(1) of the Utilities Directive are not satisfied in respect of the services within paragraph 22 which the relevant person is providing. | 24In relation to any service described in paragraph 23, the conditions are that–athe service is provided by a relevant person which also provides services within paragraph 22; andbthe conditions set out in Article 30(1) of the Utilities Directive are not satisfied in respect of the services within paragraph 22 which the relevant person is providing. | 24In relation to any service described in paragraph 23, the conditions are that–athe service is provided by a relevant person which also provides services within paragraph 22; andbthe conditions set out in Article 30(1) of the Utilities Directive are not satisfied in respect of the services within paragraph 22 which the relevant person is providing. |
Editorial notes
[^key-3512e080b0ea94df4048fe27a87857bf]: Regulations revoked in part (1.5.2012) by The Public Contracts (Scotland) Regulations 2012 (S.S.I. 2012/88), reg. 1(1), sch. 7 Pt. A (with regs. 4-6, 8, 52)
[^key-50e1d709bb783752b3fe2257e7bed236]: Regulations revoked in part (1.5.2012) by The Utilities Contracts (Scotland) Regulations 2012 (S.S.I. 2012/89), reg. 1(1), sch. 5 Pt. A (with regs. 3-7, 9, 11, 49) (as amended by S.S.I. 2012/108, regs. 1(1), 3(2)(a))
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