Exclusions: Concession contracts awarded pursuant to international rulesS
10.—(1) These Regulations do not apply to procurement for the award of a concession contract which the contracting entity is obliged to award or organise in accordance with procurement procedures which are established by—
(a)an international agreement or any other legal instrument creating international law obligations, concluded in conformity with the [F1Retained] Treaties, between the United Kingdom and one or more [F2other] countries or any part thereof and covering works, supplies or services intended for the joint implementation or exploitation of a project by the signatories; or
(b)an international organisation.
(2) These Regulations do not apply to procurement for the award of a concession contract which the contracting entity undertakes or organises in accordance with procurement rules provided by an international organisation or international financing institution, if the concession contract concerned is fully financed by that organisation or institution or is co-financed for the main part by that organisation or institution.
(3) This Regulation does not apply to procurement for the award of a concession contract involving defence or security as referred to in the Defence and Security Regulations.
Textual Amendments
F1Word in reg. 10(1)(a) inserted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 8(8)(a) (with sch. paras. 1-5)
F2Word in reg. 10(1)(a) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 8(8)(b) (with sch. paras. 1-5)
Commencement Information