Regulation 105 – Scope of Chapter 7

Commentary

Regulation 105 establishes the scope of Chapter 7 which extends some obligations to contracts covered by Part 2. From the scope of this Chapter 7 however, are excluded the procurement of health care services covered by the Procurement, Patient Choice and Competition) (No. 2) Regulations 2013.

Furthermore, Regulations 106 (publication of contract notices on Contracts Finder) and 108 (publication of award notices on Contracts Finder) have their application excluded if the contracting authority is a maintained school, academy or a sixth form college corporation. As Regulation 107 (qualitative selection) is not excluded it is to be assumed it does apply to these contracting authorities.

The exclusion of the sixth form college corporation was introduced by the Public Procurement (Amendments, Repeals and Revocations) Regulations 2016.

Last modified: December 8, 2016 by Pedro Telles

105.—(1) This Chapter applies to procurements within the scope of Part 2.

(2) But—

(a)this Chapter does not apply to the procurement of health care services for the purposes of the NHS within the meaning and scope of the National Health Service (Procurement, Patient Choice and Competition) (No. 2) Regulations 2013(1);

(b)regulations 106 and 108 do not apply where the contracting authority is a maintained school, an Academy or a sixth form college corporation