PART 8MISCELLANEOUS

Public service bodies46

1

Where a contracting authority, other than one which is a contracting authority only by reason of being a Schedule 1 entity, grants to a person other than a contracting authority, special or exclusive rights to carry on a service for the benefit of the public, it shall impose an express duty on that person in the terms referred to in paragraph (2).

2

The duty referred to in paragraph (1) is a duty not to discriminate in seeking offers in relation to, or in awarding, a contract for the purchase or hire of goods on the grounds–

a

of nationality, against a person who is a national of a relevant State and established in a relevant State; or

b

that the goods to be supplied under the contract originate in another relevant State.