The Utilities Supply and Works Contracts Regulations 1992

General exclusions

6.  These Regulations shall not apply to the seeking of offers in relation to a contract—

(a) other than for the purpose of carrying out an activity specified in the Part of Schedule 1 in which the utility is specified;

(b) for the purpose of carrying out any activity outside the territory of the Communities but only if the carrying out of that activity does not involve the physical use of a network or geographical area within the Communities;

(c) for the purpose of acquiring goods or works in order to sell or hire them to another person unless the utility has a special or exclusive right to sell or hire such goods or works or other persons are not free to sell or hire them under the same conditions;

(d) which is classified as secret by the Minister or where the performance of the contract must be accompanied by special security measures in accordance with the laws, regulations or administrative provisions of any part of the United Kingdom or when the protection of the basic interests of the security of the United Kingdom require it;

(e) where different procedures govern the procedures leading to the award of the contract and it is to be entered into—

(i) pursuant to an international agreement to which the United Kingdom and a State which is not a member State are parties and it relates to goods or provides for the carrying out of works intended for the joint implementation or exploitation of a project pursuant to that agreement;

(ii) pursuant to an international agreement relating to the stationing of troops; or

(iii) in accordance with the contract award procedures of an organisation of which only States are members (an “international organisation”) or of which only States or international organisations are members.

(f) by a utility which engages in an activity specified in Part A, B or C of Schedule 1 for the purchase of water; and

(g) by a utility which engages in an activity specified in Parts D to N of Schedule 1 for the purchase of energy or of fuel for the production of energy;