Horizontal arrangementsU.K.
3(1)A contract between contracting authorities only that relates to a horizontal arrangement between those authorities.
(2)A “horizontal arrangement” means an arrangement—
(a)entered into—
(i)with the aim of achieving objectives the authorities have in common in connection with the exercise of their public functions;
(ii)solely in the public interest;
(b)in which no more than 20 per cent of the activities contemplated by the arrangement are intended to be carried out other than for the purposes of the authorities’ public functions.
(3)An appropriate authority may by regulations make provision about how a calculation as to the percentage of activities carried out by a person is to be made for the purposes of sub-paragraph (2)(b).
(4)In this paragraph, references to a contracting authority do not include references to a public undertaking or a private utility.
Commencement Information
I1Sch. 2 para. 3 not in force at Royal Assent, see s. 127(2)
I2Sch. 2 para. 3(3) in force at 12.3.2024 by S.I. 2024/361, reg. 2(s)