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Publication of new utilities procurement remedies regulations

United Kingdom
02/12/2009
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The Utilities Contracts (Amendment) Regulations have now been published. An explanatory memorandum accompanies them.

These utilities regulations implement for the energy, water, transport and postal sectors Directive 2007/66/EC on improving the effectiveness of appeal procedures concerning the award of public contracts (“New Remedies Directive”), in England, Wales and Northern Ireland. The corresponding regulations for the public sector were published on 12 November (see our law-now alert on the topic).

The main changes introduced by the utilities procurement regulations mirror in technical content those made for the public sector noted in our earlier law-now. There are also two utilities specific changes:

  • The abolition of the attestation system under which a utility could submit its contract award procedures to independent scrutiny and obtain confirmation of their conformity with UK and EU law;
  • The abolition of the conciliation procedure operated by the European Commission under which economic operators could apply for conciliation of a dispute with a utility.

Both elements were repealed by the New Remedies Directive, having been little used.

As was the case for the new remedies regulations for public procurements, the OGC has stated that it intends to publish detailed guidance shortly on the practical implications of these new rules.

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