16.—(1) These Regulations do not apply to a concession contract—
(a)awarded by a joint venture, formed exclusively by a number of utilities for the purpose of carrying out activities listed in Schedule 2, to one of these utilities; or
(b)awarded by a utility to such a joint venture of which it forms part,
provided that the joint venture has been set up to carry out the activity concerned over a period of at least three years and that the instrument setting up the joint venture stipulates that the utilities which form it will be part of the joint venture for at least the same period.
(2) This provision applies despite the provisions of regulation 19 (exclusions: concession contracts between entities within the public sector).