The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016

5.  For regulation 7 (utilities) substitute—

“Contracts in the water, energy, transport and postal services sectors

7.— (1) This Part does not apply to public contracts or design contests which—

(a) under the UCR 2016 are awarded or organised by contracting authorities—

(i) exercising one or more of the activities referred to in regulations 9 to 15 of those Regulations, and

(ii) for the pursuit of those activities;

(b) are excluded from the scope of the UCR 2016 by regulations 18, 23 or 34 of those Regulations; or

(c) are awarded or organised—

(i) by a contracting authority which provides postal services within the meaning of regulation 14 of the UCR 2016, and

(ii) for the pursuit of any of the following activities—

(aa) added value services linked to and provided entirely by electronic means (including the secure transmission of coded documents by electronic means, address management services and transmission of registered electronic mail);

(bb) financial services which are covered by CPV codes 66100000-1 to 66720000-3 and by regulation 21(1)(d) of the UCR 2016, including in particular postal money orders and postal giro transfers;

(cc) philatelic services;

(dd) logistics services (services combining physical delivery and warehousing, or either of them, with other non-postal functions).

(2) In this regulation, “the UCR 2016” means the Utilities Contracts Regulations 2016.”.