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The Utilities Contracts Regulations 2016
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The Utilities Contracts Regulations 2016, Section 26 is up to date with all changes known to be in force on or before 12 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Regulation 26:
- Regulations revoked by 2023 c. 54 Sch. 11 para. 7
Procurement covering several activities and involving defence or security aspectsE+W+N.I.
This section has no associated Explanatory Memorandum
26.—(1) This regulation applies in the case of contracts intended to cover several activities where one of those activities involves defence or security aspects.
(2) Utilities may choose to award separate contracts for the purposes of each separate activity or to award a single contract.
(3) Where utilities choose to award separate contracts for separate activities, the decision of which legal regime applies to any one of such separate contracts shall be taken on the basis of the characteristics of the separate activity concerned.
(4) The choice between awarding a single contract and awarding a number of separate contracts shall not be made with the objective of excluding the contract or contracts from the scope of these Regulations or the Defence and Security Regulations.
(5) Where utilities choose to award a single contract, the following shall apply—
(a)in the case of a contract intended to cover an activity which is covered by these Regulations and another which is covered by the Defence and Security Regulations, the utility may award the contract in accordance with the Defence and Security Regulations.
(b)in the case of a contracts intended to cover an activity which is covered by these Regulations and another which is covered by [F1regulation 3(2)], the utility may award the contract without applying these Regulations.
(6) Paragraph (5)(a) is without prejudice to the thresholds and exclusions for which the Defence and Security Regulations provide.
(7) Contracts referred to in paragraph (5)(a), which also includes procurement or other elements which are covered by [F2regulation 3(2)] may be awarded without applying these Regulations.
(8) Paragraphs (5) to (7) apply provided that the award of a single contract is justified by objective reasons and the decision to award a single contract is not taken for the purpose of excluding contracts from the application of these Regulations.
Textual Amendments
F1Words in reg. 26(5)(b) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 10(16) (with Sch. paras. 3-5)
F2Words in reg. 26(7) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 10(16) (with Sch. paras. 3-5)
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