Legalize / United Kingdom / Scotland / Scottish-Statutory-Instrument

The Public Contracts (Scotland) Regulations 2012

Type Scottish-Statutory-Instrument

Publication 2012-03-14

Last updated 2016-04-18

State In force

Jurisdiction Scotland

Department King's Printer for Scotland

Source legislation.gov.uk

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articles Not indexed

Reform history JSON API

Made: 14th March 2012

Laid before the Scottish Parliament: 16th March 2012

Coming into force: 1st May 2012

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PART 1 — GENERAL

Citation, commencement and extent

1

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Interpretation

2

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Contracting authorities

3

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Economic operators

4

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Application

5

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General exclusions

6

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Reserved contracts

7

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Thresholds

8

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PART 2 — TECHNICAL SPECIFICATIONS

Technical specifications in the contract documents

9

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Variants

10

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PART 3 — PROCEDURES LEADING TO THE AWARD OF A PUBLIC CONTRACT

Prior information notices

11

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Selection of contract award procedures

12

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Use of the negotiated procedure with prior publication of a contract notice

13

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Use of the negotiated procedure without prior publication of a contract notice

14

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The open procedure

15

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The restricted procedure

16

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The negotiated procedure

17

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The competitive dialogue procedure

18

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Framework agreements

19

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Dynamic purchasing systems

20

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Electronic auctions

21

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Central purchasing bodies

22

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PART 4 — SELECTION OF ECONOMIC OPERATORS

Criteria for the rejection of economic operators

23

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Information as to economic and financial standing

24

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Information as to technical or professional ability

25

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Supplementary information

26

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Official lists of approved economic operators

27

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Consortia

28

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Corporations

29

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PART 5 — THE AWARD OF A PUBLIC CONTRACT

Criteria for the award of a public contract

30

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Contract award notice

31

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Information about contract award procedures and standstill period

32

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PART 6 — SPECIALISED CONTRACTS

Design contests

33

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Subsidised public works contracts and public services contracts

34

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Subsidised housing scheme works contracts

35

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Public works concession contracts

36

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Sub-contracting the work or works to be carried out under a public works concession contract

37

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PART 7 — MATTERS RELATING TO A PUBLIC CONTRACT

Obligations relating to taxes, environmental protection, employment protection and working conditions

38

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Conditions for performance of contracts

39

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PART 8 — MISCELLANEOUS

Statistical and other reports

40

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Provision of reports

41

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Publication of notices

42

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Confidentiality of information

43

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Means of communication

44

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Sub-contracting

45

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Public service bodies

46

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PART 9 — APPLICATIONS TO THE COURT

Enforcement of obligations

47

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Powers and duties of the court

48

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Ineffectiveness orders

49

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Financial penalties

50

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PART 10 — REPEALS, REVOCATIONS, SAVINGS, TRANSITIONAL PROVISIONS

Revocations

51

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Savings and transitional provisions

52

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Consequential amendments

53

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SCHEDULE 1 — GPA ANNEX 1 CONTRACTING AUTHORITIES

Where an entity listed in this Schedule is succeeded by another entity, which is itself a contracting authority, the successor entity is deemed to be included in this Schedule.

Cabinet Office Office of the Parliamentary Counsel National School of Government

Central Office of Information

Charity Commission

Department for Constitutional Affairs Boundary Commission for England Circuit Offices and Crown, County and Combined Courts (England and Wales) Combined Tax Tribunal Council on Tribunals Court of Appeal- Criminal Immigration Appellate Authorities Immigration Adjudicators Immigration Appeals Tribunal Lands Tribunal Law Commission Legal Aid Fund (England and Wales) Office of the Social Security Commissioners Pensions Appeal Tribunals Public Trust Office Supreme Court Group (England and Wales) Transport Tribunal

Department for Culture, Media and Sport British Library British Museum Commission for Architecture and the Built Environment The Gambling Commission Historic Buildings and Monuments Commission for England (English Heritage) Imperial War Museum Museums, Libraries and Archives Council National Gallery National Maritime Museum National Portrait Gallery Natural History Museum Science Museum Tate Gallery Victoria and Albert Museum Wallace Collection

Crown Prosecution Service

Crown Estate Commissioners (Vote Expenditure Only)

Department for Education and Skills Higher Education Funding Council for England

Department for Environment, Food and Rural Affairs Agricultural Dwelling House Advisory Committees Agricultural Land Tribunals Agricultural Wages Board and Committees Cattle Breeding Centre Countryside Agency Plant Variety Rights Office Royal Botanic Gardens, Kew Royal Commission on Environmental Pollution

Department of Health Dental Practice Board National Health Service Strategic Health Authorities NHS Trusts Prescription Pricing Authority

Department for International Development

Department for Transport Maritime and Coastguard Agency

Department of the Procurator General and Treasury Solicitor Legal Secretariat to the Law Officers

Department of Trade and Industry Central Transport Consultative Committees Competition Commission Electricity Committees Employment Appeal Tribunal Employment Tribunals Gas Consumers’ Council National Weights and Measures Laboratory Office of Manpower Economics Patent Office Department for Work and Pensions Disability Living Allowance Advisory Board Independent Tribunal Service Medical Boards and Examining Medical Officers (War Pensions) Occupational Pensions Regulatory Authority Regional Medical Service Social Security Advisory Committee

Export Credits Guarantee Department

Foreign and Commonwealth Office Wilton Park Conference Centre

Government Actuary’s Department

Government Communications Headquarters

Home Office HM Inspectors of Constabulary Parole Board and Local Review Committees

House of Commons

House of Lords

Ministry of Defence Meteorological Office Defence Procurement Agency

National Archives

National Assembly for Wales Higher Education Funding Council for Wales Local Government Boundary Commission for Wales Royal Commission for Ancient and Historical Monuments in Wales Valuation Tribunals (Wales) Welsh National Health Service Authorities and Trusts Welsh Rent Assessment Panels

National Audit Office

National Savings and Investments

Northern Ireland Assembly Commission

Northern Ireland Court Service Coroners Courts County Courts Court of Appeal and High Court of Justice in Northern Ireland Crown Court Enforcement of Judgements Office Legal Aid Fund Magistrates’ Courts Pensions Appeals Tribunals

Northern Ireland, Department for Employment and Learning

Northern Ireland, Department for Regional Development

Northern Ireland, Department for Social Development

Northern Ireland, Department of Agricultural and Rural Development

Northern Ireland, Department of Culture, Arts and Leisure

Northern Ireland, Department of Education

Northern Ireland, Department of Enterprise, Trade and Investment

Northern Ireland, Department of the Environment

Northern Ireland, Department of Finance and Personnel

Northern Ireland, Department of Health, Social Services and Public Safety

Northern Ireland, Office of the First Minister and Deputy First Minister

Northern Ireland Office Crown Solicitor’s Office Department of the Director of Public Prosecutions for Northern Ireland Forensic Science Laboratory of Northern Ireland Office of the Chief Electoral Officer for Northern Ireland Police Service of Northern Ireland Probation Board for Northern Ireland State Pathologist Service

Office of the Deputy Prime Minister Rent Assessment Panels

Office of Fair Trading

Office for National Statistics National Health Service Central Register

Office of the Parliamentary Commissioner for Administration and Health Service Commissioners

Paymaster General’s Office

Privy Council Office

Public Record Office

Royal Hospital, Chelsea

Royal Mint

Rural Payments Agency

Scotland, Auditor-General

Scotland, Crown Office and Procurator Fiscal Service

Scotland, General Register Office

Scotland, Queen’s and Lord Treasurer’s Remembrancer

Scotland, Registers of Scotland

The Scotland Office

The Scottish Ministers Architecture and Design Scotland Crofters Commission Lands Tribunal for Scotland National Galleries of Scotland National Library of Scotland National Museums of Scotland Royal Botanic Garden Edinburgh Royal Commission on the Ancient and Historical Monuments of Scotland Scottish Further and Higher Education Funding Council Scottish Law Commission Community Health Partnerships Special Health Boards constituted under section 2 of the National Health Service (Scotland) Act 1978 The Office of the Accountant of Court High Court of Justiciary Court of Session HM Inspectorate of Constabulary Parole Board for Scotland Pensions Appeal Tribunals Scottish Land Court Sheriff Courts Scottish Police Services Authority Scottish Fire Service College Office of the Social Security Commissioners The private rented housing panel and private rented housing committees constituted under Schedule 4 to the Rent (Scotland) Act 1984

The Scottish Parliamentary Corporate Body

Scottish Record Office

HM Revenue and Customs

The Revenue and Customs Prosecutions Office

HM Treasury United Kingdom Debt Management Office

The Wales Office (Office of the Secretary of State for Wales)

SCHEDULE 2 — ACTIVITIES CONSTITUTING WORKS

Section F	Section F	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 buildings	45210000 Except: 45213316
				Construction of civil engineering constructions	45220000 45231000 45232000
				Bridges, including those for elevated highways, viaducts, tunnels and subways
				Long-distance pipelines, communication and power lines
				Urban 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 ways	45212212 and DA03 45230000 Except:
					45231000
				Construction of railways	45232000 45234115
				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	45250000 45262000
				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:	45213316 45310000 Except: 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	45234115 45316000 45340000
				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 3 — CATEGORIES OF SERVICES

		Part A
Category	Services	CPC Reference No	CPV Code
1	Maintenance and repair of vehicles and equipment	6112, 6122, 633, 886	from 50100000 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 6044000-4 to 60445000-9
4	Transport of mail by land, other than by rail, and by air	71235, 7321	60160000-7, 60161000-4, 60411000-2, 60421000-5
5	Telecommunications services	752	from 64200000-8 to 64228200-2, 72318000-7, and from 72700000-7 to 72720000-3
6	Financial services:	ex 81, 812, 814	from 66100000-1 to 66720000-3
6	Insurance services	ex 81, 812, 814	from 66100000-1 to 66720000-3
6	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 79970000-6 to 79980000-7
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 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 8066000-8 (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 9223000-2, 92231000-9, 92232000-6)
27	Other services

SCHEDULE 4 — EXTENSION TO NON-MEMBER STATES

Relevant States	Agreement with the European Union which extends the provisions relating to public procurement to the relevant State	Statutory provisions designating the agreements as European Treaties
1. Iceland	European Economic Area agreement	European Economic Area Act 1993 , section 1
2. Liechtenstein	European Economic Area agreement	European Economic Area Act 1993, section 1
3. Norway	European Economic Area agreement	European Economic Area Act 1993, section 1

SCHEDULE 5 — GOODS FOR THE PURPOSES OF THE THRESHOLDS

The goods for the purpose of regulation8(5) are those specified in the following chapters for the Customs Co-operation Council Nomenclature (CCCN).

Chapter 25:	Salt; sulphur; earths and stone, plastering materials, lime and cement
Chapter 26:	Metallic ores, slag and ash
Chapter 27:	Mineral fuels, mineral oils and products of their distillation, bituminous substances; mineral waxes
	except:
	ex 27.10: special engine fuels
Chapter 28:	Inorganic chemicals, organic and inorganic compounds of precious metals, of rare-earth metals, of radioactive elements and of isotopes
	except:
	ex 28.09: explosives
	ex 28.13: explosives
	ex 28.14: tear gas
	ex 28.28: explosives
	ex 28.32: explosives
	ex 28.39: explosives
	ex 28.50: toxic products
	ex 28.51: toxic products
	ex 28.54: explosives
Chapter 29:	Organic chemicals
	except:
	ex 29.03: explosives
	ex 29.04: explosives
	ex 29.07: explosives
	ex 29.08: explosives
	ex 29.11: explosives
	ex 29.12: explosives
	ex 29.13: toxic products
	ex 29.14: toxic products
	ex 29.15: toxic products
	ex 29.21: toxic products
	ex 29.22: toxic products
	ex 29.23: toxic products
	ex 29.26: explosives
	ex 29.27: toxic products
	ex 29.29: explosives
Chapter 30:	Pharmaceutical products
Chapter 31:	Fertilisers
Chapter 32:	Tanning and dyeing extracts, tannings and their derivatives, dyes, colours, paints and varnishes, putty, fillers and stoppings, inks
Chapter 33:	Essential oils and resinoids, parfumery, cosmetic or toilet preparations
Chapter 34:	Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing and scouring preparations, candles and similar articles, modelling pastes and ‘dental waxes’
Chapter 35:	Albuminoidal substances, glues, enzymes
Chapter 37:	Photographic and cinematographic goods
Chapter 38:	Miscellaneous chemical products,
	except:
	ex 38.19: toxic products
Chapter 39:	Artificial resins and plastic materials, celluloses esters and ethers, articles thereof,
	except:
	ex 39.03 explosives
Chapter 40:	Rubber, synthetic rubber, factice, and articles thereof,
	except:
	ex 40.11: bullet-proof tyres
Chapter 41:	Raw hides and skins (other than furskins) and leather
Chapter 42:	Articles of leather, saddlery and harness, travel goods, handbags and similar containers, articles of animal gut (other than silkworm gut)
Chapter 43:	Furskins and artificial fur, manufactures thereof
Chapter 44:	Wood and articles of wood, wood charcoal
Chapter 45:	Cork and articles of cork
Chapter 46:	Manufactures of straw of esparto and of other plaiting materials, basketware and wickerwork
Chapter 47:	Paper-making material
Chapter 48:	Paper and paperboard, articles of paper pulp, of paper or of paperboard
Chapter 49:	Printed books, newspapers, pictures and other products of the printing industry, manuscripts, type-scripts and plans
Chapter 65:	Headgear and parts thereof
Chapter 66:	Umbrellas, sunshades, walking-sticks, whips, riding-crops and parts thereof
Chapter 67:	Prepared feathers and down and articles made of feathers or of down, artificial flowers, articles of human hair
Chapter 68:	Articles of stone, of plaster, of cement, of asbestos, of mica and of similar materials
Chapter 69:	Ceramic products
Chapter 70:	Glass and glassware
Chapter 71:	Pearls, precious and semi-precious stones, precious metals, rolled precious metals, and articles thereof: imitation jewellery
Chapter 73:	Iron and steel and articles thereof
Chapter 74:	Copper and articles thereof
Chapter 75:	Nickel and articles thereof
Chapter 76:	Aluminium and articles thereof
Chapter 77:	Magnesium and beryllium and articles thereof
Chapter 78:	Lead and articles thereof
Chapter 79:	Zinc and articles thereof
Chapter 80:	Tin and articles thereof
Chapter 81:	Other base metals employed in metallurgy and articles thereof
Chapter 82:	Tools, implements, cutlery, spoons and forks, of base metal, parts thereof,
	except:
	ex 82.05: tools
	ex 82.07: tools, parts
Chapter 83:	Miscellaneous articles of base metal
Chapter 84:	Boilers, machinery and mechanical appliances, parts thereof,
	except:
	ex 84.06: engines
	ex 84.08: other engines
	ex 84.45: machinery
	ex 84.53: automatic data-processing machines
	ex 84.55 parts of machines under heading No 84.53
	ex 84.59: nuclear reactors
Chapter 85:	Electrical machinery and equipment, parts thereof,
	except:
	ex: 85.13: telecommunication equipment
Chapter 86:	ex: 85.15: transmission apparatus
	Railway and tramway locomotives, rolling-stock and parts thereof, railway and tramway tracks fixtures and fittings, traffic signalling equipment of all kinds (not electrically powered),
	except:
	ex 86.02: armoured locomotives, electric
	ex 86.03: other armoured locomotives
	ex 86.05: armoured wagons
	ex 86.06 repair wagons
	ex 86.07 wagons
Chapter 87:	Vehicles, other than railway or tramway rolling-stock, and parts thereof,
	except:
	ex 87.08: tanks and other armoured vehicles
	ex 87.01: tractors
	ex 87.02: military vehicles
	ex 87.03: breakdown lorries
	ex 87.09: motorcycles
	ex 87.14: trailers
Chapter 89:	Ships, boats and floating structures,
	except:
	ex 89.01A: warships
Chapter 90:	Optical, photographic, cinematographic, measuring, checking, precision, medical and surgical instruments and apparatus, parts thereof,
	except:
	ex 90.05: binoculars
	ex 90.13: miscellaneous instruments, lasers
	ex 90.14: telemeters
	ex 90.28: electrical and electronic measuring instruments
	ex 90.11: microscopes
	ex 90.17: medical instruments
	ex 90.18: mechano-therapy appliances
	ex 90.19: orthopaedic appliances
	ex 90.20: X-ray apparatus
Chapter 91:	Manufacture of watches and clocks
Chapter 92:	Musical instruments, sound recorders or reproducers, television image and sound recorders or reproducers, parts and accessories of such articles
Chapter 94:	Furniture and parts thereof, bedding, mattresses, mattress supports, cushions and similar stuffed furnishings,
	except:
	ex 94.01A: aircraft seats
Chapter 95:	Articles and manufactures of carving or moulding material
Chapter 96:	Brooms, brushes, powder-puffs and sieves
Chapter 98:	Miscellaneous manufactured articles

SCHEDULE 6 — PROFESSIONAL OR TRADE REGISTERS

PUBLIC SERVICES CONTRACTS

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PUBLIC WORKS CONTRACTS

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PUBLIC SUPPLY CONTRACTS

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 7 — CONSEQUENTIAL AMENDMENTS AND REVOCATIONS

*Title*	*Number*	*Extent of revocation*
1	2	3
The Public Contracts (Scotland) Regulations 2006	S.S.I. 2006/1	The whole Regulation.
The Public Contracts and Utilities Contracts (Scotland) Amendment Regulations 2007	S.S.I. 2007/565	The whole Regulation insofar as it extends to the Public Contracts (Scotland) Regulations 2006.
The Public Contracts and Utilities Contracts (Scotland) Amendment Regulations 2008	S.S.I. 2008/94	The whole Regulation insofar as it extends to the Public Contracts (Scotland) Regulations 2006.
The Public Contracts and Utilities Contracts (Common Procurement Vocabulary Codes) Amendment (Scotland) Regulations 2008	S.S.I. 2008/291	The whole Regulation insofar as it extends to the Public Contracts (Scotland) Regulations 2006.
The Public Contracts and Utilities Contracts (Postal Services and Common Procurement Vocabulary Codes) Amendment (Scotland) Regulations 2008	S.S.I. 2008/376	The whole Regulation insofar as it extends to the Public Contracts (Scotland) Regulations 2006.
The Public Contracts and Utilities Contracts (Scotland) Amendment Regulations 2009	S.S.I. 2009/428	The whole Regulation insofar as it extends to the Public Contracts (Scotland) Regulations 2006.
The Public Contracts and Utilities Contracts (Scotland) Amendment (Amendment) Regulations 2009	S.S.I. 2009/439	The whole Regulation insofar as it extends to the Public Contracts (Scotland) Regulations 2006.
Title	Number	Amendment
---	---	---
1	2	3
The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003, as amended	S.S.I. 2003/231	In paragraph 11 of schedule 1, for “the Public Contracts (Scotland) Regulations 2006” substitute “the Public Contracts (Scotland) Regulations 2012”.
The Bathing Waters (Scotland) Regulations 2008	S.S.I. 2008/170	In regulation 2 (interpretation), in the definition of “public body”, for “the Public Contracts (Scotland) Regulations 2006” substitute “the Public Contracts (Scotland) Regulations 2012”.
The Cleaner Road Transport Vehicles (Scotland) Regulations 2010	S.S.I. 2010/390	In regulation 2 (interpretation), in the definitions of “contracting authority” and “operator”, and in regulation 6(1)(a) (enforcement of duties), for “the Public Contracts (Scotland) Regulations 2006” substitute “the Public Contracts (Scotland) Regulations 2012”.
The Defence and Security Public Contracts Regulations 2011	S.I. 2011/1848	In regulation 3 (Interpretation) in the definition of “central purchasing body”; in regulation 4(b) (contracting authorities); in regulation 6(4) to (6) (application); in regulation 16(2)(b) (use of negotiated procedure without prior publication of a contract notice); in regulation 31(8)(b) (criteria for the award of a contract), in regulation 33(14)(b) (information about contract award procedure) and in regulation 46(3) (statistical and other reports), for “The Public Contracts (Scotland) Regulations 2006” substitute “The Public Contracts (Scotland) Regulations 2012”.

Signed

ALEX NEIL — A member of the Scottish Executive — 2012-03-14

Explanatory note

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Footnotes

[^f00001]: 1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46) (“the 1998 Act”), Schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7), Schedule, Part 1. The functions conferred upon the Minister of the Crown by section 2(2) of the European Communities Act 1972, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.

[^f00002]: OJ L 257, 1.10.05, p.1. The annex to Commission Regulation (EC) No 1564/2005 was amended by Commission Regulation (EC) 1150/2009, OJL313, 29.11.2009, p.3.

[^f00003]: OJ L 362, 20.12.2006, p.1.

[^f00004]: OJ L 74, 15.3.2008, p.1.

[^f00005]: CPC Version 2 (December 2008). Further information may be obtained from the United Nations website at http://unstats.un.org/unsd/cr/registry/cpc-2.asp.

[^f00006]: 2010 c.15.

[^f00007]: Cmnd 2575. As at 1st January 2012, parties to the Government Procurement Agreement other than member States were Armenia, Aruba, Canada, Chinese Taipei, Hong Kong China, Iceland, Israel, Japan, Republic of Korea, Liechtenstein, Norway, Singapore, Switzerland and the United States of America.

[^f00008]: OJ L 134, 30.4.04, p.114.

[^f00009]: OJ C 115, 9.5.2008, p.47.

[^f00010]: OJ L 134, 30.4.04, p.1.

[^f00011]: 1971 c.80. There are amendments to this Act which are not relevant to these Regulations.

[^f00012]: 1994 c.39.

[^f00013]: 1972 c.9 (N.I.).

[^f00014]: 1947 c.41. This Act, except for sections 26 to 27A, was repealed by section 89(2) of, and schedule 4 to, the Fire (Scotland) Act 2005. Existing fire authorities constituted under a combination scheme under the Fire Services Act 1947 continue to have effect by virtue of section 5 of the Fire (Scotland) Act 2005.

[^f00015]: 2005 asp 5.

[^f00016]: 2004 c.21.

[^f00017]: 1973 c.65. Section 147 of this Act was repealed by section 89(2) of, and schedule 4 to, the Fire (Scotland) Act 2005. Existing administration schemes under section 147 continue to have effect by virtue of section 5 of the Fire (Scotland) Act 2005.

[^f00018]: 1996 c.16.

[^f00019]: Section 5B of the Police Act 1996 was inserted by the Greater London Authority Act 1999 (c.29).

[^f00020]: 1967 c.77.

[^f00021]: 1967 c.77. Section 21B was inserted by the Local Government etc. (Scotland) Act 1994 (c.39) section 34.

[^f00022]: 1985 c.51.

[^f00023]: 1994 c.39.

[^f00024]: 1995 c.25.

[^f00025]: 2000 asp 10.

[^f00026]: 1972 c.68.

[^f00027]: S.S.I. 2012/89.

[^f00028]: S.I. 2011/1848.

[^f00029]: The annex to Commission Regulation (EC) No1564/2005 was amended by Commission Regulation (EC) 1150/2009, OJL313, 29.11.2009, p.3.

[^f00030]: The annex to Commission Regulation (EC) No 1564/2005 was amended by Commission Regulation (EC) 1150/2009, OJL313, 29.11.2009, p.3.

[^f00031]: The annex to Commission Regulation (EC) No 1564/2005 was amended by Commission Regulation (EC) 1150/2009, OJL313, 29.11.2009, p.3.

[^f00032]: The annex to Commission Regulation (EC) No 1564/2005 was amended by Commission Regulation (EC) 1150/2009, OJL313, 29.11.2009, p.3.

[^f00033]: The annex to Commission Regulation (EC) No 1564/2005 was amended by Commission Regulation (EC) 1150/2009, OJL313, 29.11.2009, p.3.

[^f00034]: The annex to Commission Regulation (EC) No 1564/2005 was amended by Commission Regulation (EC) 1150/2009, OJL313, 29.11.2009, p.3.

[^f00035]: OJ L300, 11.11.2008, p.42.

[^f00036]: 2010 asp 13.

[^f00037]: 1889 c.69. This Act was repealed by Schedule 2 to the Bribery Act 2010 (c.23).

[^f00038]: 1906 c.34. Section 1 was amended by section 47(2) and (3) of the Criminal Justice Act 1988 (c.33), section 108(2) of the Anti-terrorism, Crime and Security Act 2001(c.24) and section 68(2) of the Criminal Justice (Scotland) Act 2003 (asp 7) and repealed by Schedule 2 to the Bribery Act 2010 (c.23).

[^f00039]: OJ C 195, 25.6.1997, p.2.

[^f00040]: OJ L 358, 31.12.1998, p.2; repealed by Council Framework Decision 2003/568/JHA (OJ L 192, 31.7.2003, p.54).

[^f00041]: 2003 asp 7. Sections 68 and 69 were repealed by Schedule 2 to the Bribery Act 2010 (c.23).

[^f00042]: 2010 c.23.

[^f00043]: OJ C 316, 27.11.1995, p.49.

[^f00044]: 1985 c.6. Section 458 was modified by regulation 4 of, and Part 1 of schedule 2 to, the Limited Liability Partnerships Regulations 2001 (S.I. 2001/1090) and repealed by Schedule 16 to the Companies Act 2006 (c.46).

[^f00045]: 2006 c.46.

[^f00046]: 1979 c.2. There are amendments to this Act which are not relevant to these Regulations.

[^f00047]: 1994 c.23. Section 72 was amended by section 17 of the Finance Act 2003 (c.40). There are other amendments to this Act which are not relevant to these Regulations.

[^f00048]: 1993 c.36. There are amendments to this Act which are not relevant to these Regulations.

[^f00049]: 2002 c.29.

[^f00050]: S.I.2007/2157. These Regulations were amended by S.I.2007/3299, S.I.2011/1781 and S.I.2011/2833.;

[^f00051]: 1994, c.37. Sections 49, 50 and 51 were repealed by Schedules 11 and 12 to the Proceeds of Crime Act 2002 (c.29).

[^f00052]: 1986 c.45. There are amendments to this Act which are not relevant to these Regulations.

[^f00053]: S.I.1989/2405 (N.I.19). There are amendments to this Order which are not relevant to these Regulations.

[^f00054]: 2002 c.40. There are amendments to this Act which are not relevant to these Regulations.

[^f00055]: The Community Eco-Management and Audit Scheme (EMAS) is a management tool for companies and other organisations to evaluate, report and improve their environmental performance; for more information see www.europa.eu.int/comm/environment/emas/index-en.htm.

[^f00056]: The annex to Commission Regulation (EC) No 1564/2005 was amended by Commission Regulation (EC) 1150/2009, OJL313, 29.11.2009, p.3.

[^f00057]: The annex to Commission Regulation (EC) No 1564/2005 was amended by Commission Regulation (EC) 1150/2009, OJL313, 29.11.2009, p.3.

[^f00058]: The annex to Commission Regulation (EC) No 1564/2005 was amended by Commission Regulation (EC) 1150/2009, OJL313, 29.11.2009, p.3.

[^f00059]: The annex to Commission Regulation (EC) No 1564/2005 was amended by Commission Regulation (EC) 1150/2009, OJL313, 29.11.2009, p.3.

[^f00060]: OJ L 13, 19.1.00, p.12. The Directive was amended by Regulation (EC) No 1137/2008 of the European Parliament and of the Council, OJ L 311, 21.11.2008, p.1.

[^f00061]: Information on the detailed application of the GPA under bilateral agreements between the EU and other signatories is maintained in the Annexes and general notes in Appendix 1 to the GPA. Access to this information is available through the World Trade Organisation website at www.wto.org.

[^f00062]: 1947 c.44.

[^f00063]: 1998 c.46.

[^f00064]: S.S.I. 2006/1.

[^f00065]: Cmnd 2073 as adjusted by the Protocol signed in Brussels on 17th March 1993 (Cmnd 2183). There are other amendments to this Agreement which are not relevant to these Regulations.

[^f00066]: 1993 c.51.

Where an entity listed in this Schedule is succeeded by another entity, which is itself a contracting authority, the successor entity is deemed to be included in this Schedule.

Cabinet Office

Office of the Parliamentary Counsel

National School of Government

Central Office of Information

Charity Commission

Department for Constitutional Affairs

Boundary Commission for England

Circuit Offices and Crown, County and Combined Courts (England and Wales)

Combined Tax Tribunal

Council on Tribunals

Court of Appeal- Criminal

Immigration Appellate Authorities

Immigration Adjudicators

Immigration Appeals Tribunal

Lands Tribunal

Law Commission

Legal Aid Fund (England and Wales)

Office of the Social Security Commissioners

Pensions Appeal Tribunals

Public Trust Office

Supreme Court Group (England and Wales)

Transport Tribunal

Department for Culture, Media and Sport

British Library

British Museum

Commission for Architecture and the Built Environment

The Gambling Commission

Historic Buildings and Monuments Commission for England (English Heritage)

Imperial War Museum

Museums, Libraries and Archives Council

National Gallery

National Maritime Museum

National Portrait Gallery

Natural History Museum

Science Museum

Tate Gallery

Victoria and Albert Museum

Wallace Collection

Crown Prosecution Service

Crown Estate Commissioners (Vote Expenditure Only)

Department for Education and Skills

Department for Environment, Food and Rural Affairs

Agricultural Dwelling House Advisory Committees

Agricultural Land Tribunals

Agricultural Wages ... Committees

Cattle Breeding Centre

Countryside Agency

Plant Variety Rights Office

Royal Botanic Gardens, Kew

Royal Commission on Environmental Pollution

Department of Health

Dental Practice Board

National Health Service Strategic Health Authorities

NHS Trusts

Prescription Pricing Authority

Department for International Development

Department for Transport

Department of the Procurator General and Treasury Solicitor

Department of Trade and Industry

Central Transport Consultative Committees

Competition Commission

Electricity Committees

Employment Appeal Tribunal

Employment Tribunals

Gas Consumers' Council

National Weights and Measures Laboratory

Office of Manpower Economics

Patent Office

Department for Work and Pensions

Independent Tribunal Service

Medical Boards and Examining Medical Officers (War Pensions)

Occupational Pensions Regulatory Authority

Regional Medical Service

Social Security Advisory Committee

Export Credits Guarantee Department

Foreign and Commonwealth Office

Government Actuary's Department

Government Communications Headquarters

Home Office

HM Inspectors of Constabulary

Parole Board and Local Review Committees

House of Commons

House of Lords

Ministry of Defence

Meteorological Office

Defence Procurement Agency

National Archives

National Assembly for Wales

Higher Education Funding Council for Wales

Local Government Boundary Commission for Wales

Royal Commission for Ancient and Historical Monuments in Wales

Valuation Tribunals (Wales)

Welsh National Health Service Authorities and Trusts

Welsh Rent Assessment Panels

National Audit Office

National Savings and Investments

Northern Ireland Assembly Commission

Northern Ireland Court Service

Coroners Courts

County Courts

Court of Appeal and High Court of Justice in Northern Ireland

Crown Court

Enforcement of Judgements Office

Legal Aid Fund

Magistrates' Courts

Pensions Appeals Tribunals

Northern Ireland, Department for Employment and Learning

Northern Ireland, Department for Regional Development

Northern Ireland, Department for Social Development

Northern Ireland, Department of Agricultural and Rural Development

Northern Ireland, Department of Culture, Arts and Leisure

Northern Ireland, Department of Education

Northern Ireland, Department of Enterprise, Trade and Investment

Northern Ireland, Department of the Environment

Northern Ireland, Department of Finance and Personnel

Northern Ireland, Department of Health, Social Services and Public Safety

Northern Ireland, Office of the First Minister and Deputy First Minister

Northern Ireland Office

Crown Solicitor's Office

Department of the Director of Public Prosecutions for Northern Ireland

Forensic Science Laboratory of Northern Ireland

Office of the Chief Electoral Officer for Northern Ireland

Police Service of Northern Ireland

Probation Board for Northern Ireland

State Pathologist Service

Office of the Deputy Prime Minister

Office of Fair Trading

Office for National Statistics

Office of the Parliamentary Commissioner for Administration and Health Service Commissioners

Paymaster General's Office

Privy Council Office

Public Record Office

Royal Hospital, Chelsea

Royal Mint

Rural Payments Agency

Scotland, Auditor-General

Scotland, Crown Office and Procurator Fiscal Service

Scotland, National Records of Scotland

Scotland, Queen's and Lord Treasurer's Remembrancer

Scotland, Registers of Scotland

The Scotland Office

The Scottish Ministers

Architecture and Design Scotland

Crofting Commission

Lands Tribunal for Scotland

National Galleries of Scotland

National Library of Scotland

National Museums of Scotland

Royal Botanic Garden Edinburgh

Royal Commission on the Ancient and Historical Monuments of Scotland

Scottish Further and Higher Education Funding Council

Scottish Law Commission

Common Services Agency

Community Health Partnerships

Health Boards and Special Health Boards constituted under section 2 of the National Health Service (Scotland) Act 1978

Health Improvement Scotland

The Office of the Accountant of Court

High Court of Justiciary

Court of Session

HM Inspectorate of Constabulary

Parole Board for Scotland

Pensions Appeal Tribunals

Scottish Land Court

Sheriff Courts

Office of the Social Security Commissioners

The private rented housing panel and private rented housing committees constituted under Schedule 4 to the Rent (Scotland) Act 1984

The Scottish Parliamentary Corporate Body

...

HM Revenue and Customs

The Revenue and Customs Prosecutions Office

HM Treasury

The Wales Office (Office of the Secretary of State for Wales)

The goods for the purpose of regulation 8(5) are those specified in the following chapters for the Customs Co-operation Council Nomenclature (CCCN).

Chapter 25:	Salt; sulphur; earths and stone, plastering materials, lime and cement
Chapter 26:	Metallic ores, slag and ash
Chapter 27:	Mineral fuels, mineral oils and products of their distillation, bituminous substances; mineral waxes
	except:
	ex 27.10: special engine fuels
Chapter 28:	Inorganic chemicals, organic and inorganic compounds of precious metals, of rare-earth metals, of radioactive elements and of isotopes
	except:
	ex 28.09: explosives
	ex 28.13: explosives
	ex 28.14: tear gas
	ex 28.28: explosives
	ex 28.32: explosives
	ex 28.39: explosives
	ex 28.50: toxic products
	ex 28.51: toxic products
	ex 28.54: explosives
Chapter 29:	Organic chemicals
	except:
	ex 29.03: explosives
	ex 29.04: explosives
	ex 29.07: explosives
	ex 29.08: explosives
	ex 29.11: explosives
	ex 29.12: explosives
	ex 29.13: toxic products
	ex 29.14: toxic products
	ex 29.15: toxic products
	ex 29.21: toxic products
	ex 29.22: toxic products
	ex 29.23: toxic products
	ex 29.26: explosives
	ex 29.27: toxic products
	ex 29.29: explosives
Chapter 30:	Pharmaceutical products
Chapter 31:	Fertilisers
Chapter 32:	Tanning and dyeing extracts, tannings and their derivatives, dyes, colours, paints and varnishes, putty, fillers and stoppings, inks
Chapter 33:	Essential oils and resinoids, parfumery, cosmetic or toilet preparations
Chapter 34:	Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing and scouring preparations, candles and similar articles, modelling pastes and ‘dental waxes’
Chapter 35:	Albuminoidal substances, glues, enzymes
Chapter 37:	Photographic and cinematographic goods
Chapter 38:	Miscellaneous chemical products,
	except:
	ex 38.19: toxic products
Chapter 39:	Artificial resins and plastic materials, celluloses esters and ethers, articles thereof,
	except:
	ex 39.03 explosives
Chapter 40:	Rubber, synthetic rubber, factice, and articles thereof,
	except:
	ex 40.11: bullet-proof tyres
Chapter 41:	Raw hides and skins (other than furskins) and leather
Chapter 42:	Articles of leather, saddlery and harness, travel goods, handbags and similar containers, articles of animal gut (other than silkworm gut)
Chapter 43:	Furskins and artificial fur, manufactures thereof
Chapter 44:	Wood and articles of wood, wood charcoal
Chapter 45:	Cork and articles of cork
Chapter 46:	Manufactures of straw of esparto and of other plaiting materials, basketware and wickerwork
Chapter 47:	Paper-making material
Chapter 48:	Paper and paperboard, articles of paper pulp, of paper or of paperboard
Chapter 49:	Printed books, newspapers, pictures and other products of the printing industry, manuscripts, type-scripts and plans
Chapter 65:	Headgear and parts thereof
Chapter 66:	Umbrellas, sunshades, walking-sticks, whips, riding-crops and parts thereof
Chapter 67:	Prepared feathers and down and articles made of feathers or of down, artificial flowers, articles of human hair
Chapter 68:	Articles of stone, of plaster, of cement, of asbestos, of mica and of similar materials
Chapter 69:	Ceramic products
Chapter 70:	Glass and glassware
Chapter 71:	Pearls, precious and semi-precious stones, precious metals, rolled precious metals, and articles thereof: imitation jewellery
Chapter 73:	Iron and steel and articles thereof
Chapter 74:	Copper and articles thereof
Chapter 75:	Nickel and articles thereof
Chapter 76:	Aluminium and articles thereof
Chapter 77:	Magnesium and beryllium and articles thereof
Chapter 78:	Lead and articles thereof
Chapter 79:	Zinc and articles thereof
Chapter 80:	Tin and articles thereof
Chapter 81:	Other base metals employed in metallurgy and articles thereof
Chapter 82:	Tools, implements, cutlery, spoons and forks, of base metal, parts thereof,
	except:
	ex 82.05: tools
	ex 82.07: tools, parts
Chapter 83:	Miscellaneous articles of base metal
Chapter 84:	Boilers, machinery and mechanical appliances, parts thereof,
	except:
	ex 84.06: engines
	ex 84.08: other engines
	ex 84.45: machinery
	ex 84.53: automatic data-processing machines
	ex 84.55 parts of machines under heading No 84.53
	ex 84.59: nuclear reactors
Chapter 85:	Electrical machinery and equipment, parts thereof,
	except:
	ex: 85.13: telecommunication equipment
Chapter 86:	ex: 85.15: transmission apparatus
	Railway and tramway locomotives, rolling-stock and parts thereof, railway and tramway tracks fixtures and fittings, traffic signalling equipment of all kinds (not electrically powered),
	except:
	ex 86.02: armoured locomotives, electric
	ex 86.03: other armoured locomotives
	ex 86.05: armoured wagons
	ex 86.06 repair wagons
	ex 86.07 wagons
Chapter 87:	Vehicles, other than railway or tramway rolling-stock, and parts thereof,
	except:
	ex 87.08: tanks and other armoured vehicles
	ex 87.01: tractors
	ex 87.02: military vehicles
	ex 87.03: breakdown lorries
	ex 87.09: motorcycles
	ex 87.14: trailers
Chapter 89:	Ships, boats and floating structures,
	except:
	ex 89.01A: warships
Chapter 90:	Optical, photographic, cinematographic, measuring, checking, precision, medical and surgical instruments and apparatus, parts thereof,
	except:
	ex 90.05: binoculars
	ex 90.13: miscellaneous instruments, lasers
	ex 90.14: telemeters
	ex 90.28: electrical and electronic measuring instruments
	ex 90.11: microscopes
	ex 90.17: medical instruments
	ex 90.18: mechano-therapy appliances
	ex 90.19: orthopaedic appliances
	ex 90.20: X-ray apparatus
Chapter 91:	Manufacture of watches and clocks
Chapter 92:	Musical instruments, sound recorders or reproducers, television image and sound recorders or reproducers, parts and accessories of such articles
Chapter 94:	Furniture and parts thereof, bedding, mattresses, mattress supports, cushions and similar stuffed furnishings,
	except:
	ex 94.01A: aircraft seats
Chapter 95:	Articles and manufactures of carving or moulding material
Chapter 96:	Brooms, brushes, powder-puffs and sieves
Chapter 98:	Miscellaneous manufactured articles

PUBLIC SERVICES CONTRACTS

PUBLIC WORKS CONTRACTS

PUBLIC SUPPLY CONTRACTS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial notes

[^key-e4eee5844280041b0fb63d684910378b]: Regulations revoked (18.4.2016) by The Public Contracts (Scotland) Regulations 2015 (S.S.I. 2015/446), regs. 1(2), 97(1) (with regs. 3-18, 98-101)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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