Public Contracts Regulations 2015 - Regulation 105

Regulation 105 - Scope of Chapter 7

This Regulation establishes the scope of Chapter 7 (Regulations 105 - 108). These Regulations establish some assorted rules about publication of contract and award notices on Contracts Finder and how to deal with qualitative selection for contracts that are covered by Part 2 (ie, contracts covered by Directive 2014/24/EU). They constitute a set of national rules supplementing Part 2 which transposed Directive 2014/24/EU into England and Wales.

Paragraph 2 defines two exceptions to the scope of this Chapter. First, health care services procurement within the meanings of the National Health Service (Procurement, Patient Choice and Competition) (No. 2) Regulations 2013 are excluded. Second, Regulations 106 and 108 are not applicable to maintained schools or Academies.

Personally, as the obligations contained within the chapter are mostly to do with reporting/disseminating data more than anything else, it is puzzling why the NHS and some schools would be excluded from this obligation.

The lack of reference to contracting authorities based in Wales and Northern Ireland, might imply that they are covered as well by this reporting obligations. However, devolved functions under the Welsh Assembly Act 2006 and the Northern Ireland Act 1998 are excluded as per Regulation 1 paragraph 8.