The Utilities Supply and Works Contracts Regulations 1992

means a technical specification drawn up in accordance with a procedure recognised by the member States with a view to uniform application in all member States and which has been published in the Official Journal;

means two or more persons, at least one of whom is a supplier or contractor, acting jointly for the purpose of being awarded a contract.

means the invitation to tender for or to negotiate the contract, the proposed conditions of contract, the specifications or descriptions of the goods, services, work or works required by the utility and all documents supplementary thereto;

means a notice sent to the Official Journal in accordance with regulation 14(2)(b);

has the meaning ascribed to it by regulation 4;

means the European Currency Unit as defined in Council Regulation (EEC) No. 3180/78;

means the same as it does for the purposes of the Community Treaties;

means a common technical specification, a British standard implementing a European standard or a European technical approval;

means a standard approved by the European Committee for Standardisation (“CEN”) or by the European Committee for Electrotechnical Standardisation (“CENELEC”) as a “European Standard (“EN”)” or a “Harmonisation Document (“HD”)” according to the Common Rules of those organisations or by the European Telecommunications Standards Institute (“ETSI”) according to its own rules as a “European Telecommunications Standard (“ETS”)”;

means an approval of the fitness of a product for a particular use, issued by an approval body designated for the purpose by a member State, following a technical assessment of whether the product fulfils the essential requirements for building works, having regard to the inherent characteristics of the product and the defined conditions of application and use as provided for in Council Directive 89/106/EEC on the approximation of laws, regulations and administrative procedures in the member States relating to construction projects;

means the period of 12 months ending on the date in any year in respect of which the accounts of a utility are prepared;

means a contract or other arrangement which is not in itself a supply or a works contract but which establishes the terms (in particular the terms as to price and, where appropriate, quantity) under which the supplier or contractor will enter into supply or works contracts with a utility in the period during which the framework agreement applies;

includes substances, growing crops and things attached to or forming part of the land which are agreed to be severed before the purchase or hire under a supply contract, any ship, aircraft or vehicle, and, when the utility is an entity specified in Part T of Schedule 1, is deemed to include telecommunications software services;

has the meaning ascribed to it by regulation 27;

means the holder of an office in Her Majesty’s Government in the United Kingdom, and includes the Treasury;

means, in the case of a person who is not an individual, a person formed in accordance with the laws of a member State and which has its registered office, central administration or principal place of business in a member State;

means a procedure leading to the award of a contract whereby the utility negotiates the terms of the contract with one or more persons selected by it;

includes a bid by one part of a utility to supply goods or to carry out a work or works for another part of the utility when the former part is invited by the latter part to compete with the offers sought from other persons.

means the Official Journal of the Communities;

means a procedure leading to the award of a contract whereby all interested persons may tender for the contract;

means a notice sent to the Official Journal in accordance with regulation 13;

means an infrastructure for the use of the public which enables signals to be conveyed by wire, microwave, optical means or other electromagnetic means between physical connections which are necessary for access to and efficient communication through the network;

means services which consist in whole or in part in the transmission and routing of signals on a public telecommunications network by means of telecommunications process other than radio broadcasting and television;

means a procedure leading to the award of a contract whereby only persons selected by the utility may submit tenders for the contract;

includes any boat and any other description of a vessel used in navigation;

means the design or adaptation of software;

means a technical specification approved by a recognised standardising body for repeated and continuous application, compliance with which is in principle not compulsory;

means any natural or artificial substance, whether in solid, liquid or gaseous form or in the form of a vapour;

means a person who sought, or who seeks, or would have wished, to be the person to whom a supply contract is awarded, and a “contractor” means a person who sought, or who seeks, or would have wished, to be the person to whom a works contract is awarded, and in either case means a person who is a national of and established in a member State.

means a contract in writing for consideration (whatever the nature of the consideration)— (a) for the purchase of goods by a utility (whether or not the consideration is given in instalments and whether or not the purchase is conditional upon the occurrence of a particular event), or (b) for the hire of goods by a utility (both where the utility becomes the owner of the goods after the end of the period of hire and where it does not), and for any siting and installation of those goods, but where, under such a contract services are also to be provided, the contract shall only be a supply contract if the value of the consideration attributable to the goods and to any siting or installation of the goods is greater than the value attributable to the services;

means the technical requirements defining the characteristics required of the work or works, materials or goods (such as quality, performance, safety or dimensions) so that the works, work, materials or goods are described objectively in a manner which will ensure the use for which they are intended by the utility.

means software services for use in the operation of a public telecommunications network or which are intended to be used in a public telecommunications service as such;

means the Commission of the Communities;

means to accept an offer made in relation to a proposed contract;

has the meaning ascribed to it by regulation 3;

means the outcome of any works which is sufficient of itself to fulfil an economic function;

means a day other than a Saturday, Sunday or Bank Holiday within the meaning of the Banking and Financial Dealings Act 1971;

means any of the activities specified in Schedule 3, being activities contained in the general industrial classification of economic activities within the Communities;

means a contract in writing for consideration (whatever the nature of the consideration)— (a) for the carrying out of a work or works for a utility, or (b) under which a utility engages a person to procure by any means the carrying out for the utility of a work corresponding to specified requirements;

means a calendar year.