Office of Public Sector Information
Statutory Instruments
Public Procurement, England And Wales
Public Procurement, Northern Ireland
Made
22nd August 2008
Laid before Parliament
22nd August 2008
Coming into force
15th September 2008
The Treasury are designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to public procurement.
The Treasury make these Regulations in exercise of the powers conferred by section 2(2) of that Act.
1.—(1) These Regulations may be cited as the Public Contracts and Utilities (CPV Code Amendments) Regulations 2008 and come into force on 15th September 2008.
(2) In these Regulations “the Public Contracts Regulations” means the Public Contracts Regulations 2006(3) and “the Utilities Contracts Regulations” means the Utilities Contracts Regulations 2006(4).
2.—(1) The Public Contracts Regulations are amended as follows.
(2) In regulation 2(1), in the definition of “Common Procurement Vocabulary”, after “the Common Procurement Vocabulary” insert “as amended by Regulation (EC) No 213/2008 of the Commission of the European Communities(5);”.
(3) For Schedule 2 to the Public Contracts Regulations substitute the Schedule contained in Schedule 1 to these Regulations.
(4) For Schedule 3 to the Public Contracts Regulations substitute the Schedule contained in Schedule 2 to these Regulations.
3.—(1) The Utilities Contracts Regulations are amended as follows.
(2) In regulation 2(1), in the definition of “Common Procurement Vocabulary”, after “the Common Procurement Vocabulary” insert “as amended by Regulation (EC) No 213/2008 of the Commission of the European Communities;”.
(3) For regulation 38(4)(b) of the Utilities Contracts Regulations substitute—
“(b) telecommunications services specified under CPV references 64221000-1, 64227000-3, 64228000-0, 64228100-1, 64228200-2 within category 5 of Part A of Schedule 3;”.
(4) For Schedule 2 to the Utilities Contracts Regulations substitute the Schedule contained in Schedule 1 to these Regulations.
(5) For Schedule 3 to the Utilities Contracts Regulations substitute the Schedule contained in Schedule 2 to these Regulations, but as adapted for this purpose by the substitution of the word “utility” for the words “contracting authority” in both places where they appear in the second column of the entry for category 8.
4.—(1) A contracting authority, or as the case may be a utility, in relation to any contract awarded by it or framework agreement concluded by it prior to the coming into force of these Regulations, may treat the references to Schedules 2 and 3 in the regulations specified in paragraph (2) as references to those Schedules before their amendment by these Regulations.
(2) The specified regulations in paragraph (1) are—
(a) regulation 40(1)(f) of the Public Contracts Regulations;
(b) regulation 38(3) of the Utilities Contracts Regulations; and
(c) regulation 38(4) of the Utilities Contracts Regulations.
Dave Watts
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd August 2008
Regulations 2(3) and 3(4)
Regulation 2(1)
| Section F | Construction | ||||
|---|---|---|---|---|---|
Divi- sion |
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, geophysical, 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 45220000 45231000 45232000 | ||
| Construction of civil engineering constructions | |||||
| 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 45232000 45234115 | ||
| Construction of railways | |||||
| 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”. | |||
Amended by correction slip on 01 September 2008
The Public Contracts and Utilities Contracts (Cpv Code Amendments) Regulations 2008