The Utilities Contracts (Scotland) Regulations 2016 No. 49

PART 1 S GENERAL

CHAPTER 3 S MATERIAL SCOPE

SECTION 2 S Excluded contracts and design contests; special provisions for procurement involving defence and security aspects

SUB-SECTION 1 S Exclusions applicable to all utilities and special exclusions for the water and energy sectors

Exclusion: Contracts awarded for the purpose of resale or lease to third parties S

17.—(1) Subject to paragraph (3), these Regulations do not apply to procurement for the award of a contract for the purpose of resale or lease to third parties, provided that the utility enjoys no special or exclusive right to sell or lease the subject of such contracts and other entities are free to sell or lease the subject of such contracts under the same conditions as the utility.

F1 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Paragraph (1) does not apply to procurement carried out by a central purchasing body in order to perform a centralised purchasing activity.

Textual Amendments

F1 Reg. 17(2) omitted (31.12.2020) by virtue of The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(8) (with sch. paras. 1-5)

Commencement Information

I1 Reg. 17 in force at 18.4.2016, see reg. 1(2)