§ Mr. DonohoeTo ask the Secretary of State for Scotland what European legislation non-departmental public bodies have to abide by in awarding contracts; and what redress is available when these guidelines have not been met in the award of a contract. [12156]
§ Lord James Douglas-Hamilton[holding answer 23 January 1997]: In circumstances where non-departmental public bodies are contracting authorities, they are, when awarding contracts, subject to the general provisions in the treaty of Rome—for instance, non-discrimination—and the EC procurement directives covering supplies, services, works and the associated remedies. These directives have been converted into the following UK regulations—the Public Supply Contracts Regulations 1995, the Public Services Contracts Regulations 1993 and the Public Works Contracts Regulations 1991.
The remedies directive, EC/89/665, requires that member states provide for national means of redress. In the UK this has been achieved through provisions in the UK regulations referred to above, which give aggrieved providers the right to bring an action in the High Court, or Court of Session in Scotland.
The European Commission also has powers under the treaty of Rome and EC/89/665 to challenge a contracting authority's actions in respect of the award of a contract in the event of a provider raising a complaint with it. The treaty of Rome also allows the Commission various other legal means by which an award procedure may be challenged.