Regulation 1 – Citation, commencement, extent and application
Regulation 1 establishes a number of generic rules regarding the extent of application of the Public Contracts Regulations 2015. There is limited scope for analysis of its content as it is simply oriented towards ensuring the effectiveness of the devolution of powers to Northern Ireland, Scotland and Wales. Regulation 1 establishes the timetable for the entry into force for the various parts of the Regulations and these are self-evident.
It is noteworthy to mention however that paragraphs 3(aa), 8(c) and 9 were introduced by the Public Procurement (Amendments, Repeals and Revocations) Regulations 2016, indicating that the rush which led to the approval of the original text resulted in quite a few typos in it.
As the timing for transposition is concerned, the approach adopted in Regulation 1 is again fundamentally a mere cut and paste of the transposition deadlines set by Directive 2014/24 (art. 90). The Regulations are designed to map and maximise the flexibility for transposition allowed for under the EU rules (which set the same extended deadlines of 18 April 2017, 18 April 2018 and 18 October 2018 as electronic means of communication and certain aspects of the conduct of centralised procurement are concerned).
Last modified: June 2, 2016 by Pedro Telles
1.—(1) These Regulations may be cited as the Public Contracts Regulations 2015.
(2) Except for the provisions mentioned in paragraphs (3) to (6), these Regulations come into force on 26th February 2015.
(3) Paragraphs (1) to (7) of Regulation 22 come into force—
(a)for the purposes of regulations 27(6), 28(9), 34(13), 36(4), 53(3) and 121(2)(a), on 26th February 2015;
(aa) for the purposes of regulation 29(9), on 18th April 2016;
(b)for the purposes of regulation 37(7), on 18th April 2017;
(c)for all other purposes, on 18th October 2018.
(4) Regulations 37(7) and 59(7) come into force on 18th April 2017.
(5) Regulation 61 comes into force on 18th October 2018.
(6) Regulations 106, 108, 110 and 112 come into force—
(a)in relation to contracting authorities which perform their functions on behalf of the Crown, on 26th February 2015;
(b)in relation to other contracting authorities, on 1st April 2015.
Extent and application
(7) Except for Part 4 and paragraph 19 of Schedule 6, these Regulations do not extend to Scotland.
(8) Part 4 does not apply to a contracting authority if its functions are wholly or mainly—
(a)Northern Ireland devolved functions, that is to say functions which could be conferred by provision included in an Act of the Northern Ireland Assembly made without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998(1));
(b)Welsh devolved functions, that is to say functions which could be conferred by provision falling within the legislative competence of the National Assembly for Wales (as defined in section 108 of the Government of Wales Act 2006(2)); or,
(c) Scottish devolved functions, that is to say functions the exercise of which would be within devolved competence (within the meaning of section 54 of the Scotland Act 1998(2))”.
(9) Part 4 does not apply to the National Assembly for Wales Commission