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PART 6SPECIALISED CONTRACTS

Subsidised public works contracts and public services contracts

34.—(1) Where—

(a)a contracting authority undertakes to contribute more than half of the consideration to be or expected to be paid under a contract to which this paragraph applies by virtue of paragraph (2); and

(b)the contract has been or is to be entered into by a person other than another contracting authority (in this regulation referred to as “the subsidised body”), that contracting authority shall—

(i)make it a condition of the making of such a contribution that the subsided body complies with the provisions of these Regulations in relation to that contract as if it were a contracting authority; and

(ii)ensure that the subsidised body does so comply or recover the contribution.

(2) Paragraph (1) applies to a contract which, if the subsidised body were a contracting authority, would be—

(a)a public works contract to which these Regulations apply by virtue of regulation 8 and which is for the carrying out of—

(i)any of the civil engineering activities specified in Schedule 2; or

(ii)building work for hospitals, facilities intended for sports, recreation and leisure, school and university buildings or buildings for administrative purposes; or

(b)a public services contract to which these Regulations apply by virtue of regulation 8 for providing services in connection with a contract referred to in sub-paragraph (a) of this paragraph.