PART 1GENERAL

Economic operators4.

(1)

In these Regulations, an “economic operator” means a contractor, a supplier or a services provider.

(2)

When these Regulations apply, a utility shall not treat a person who is not a national of a relevant state and established in a relevant State more favourably than one who is.

(3)

A utility shall (in accordance with Article 10 of the Utilities Directive)—

(a)

treat economic operators equally and in a non-discriminatory way; and

(b)

act in a transparent way.

(4)

In these Regulations a relevant State is a member State or a State listed in column 1 of Schedule 4; the agreements with the European Union by which the provisions in relation to public procurement are extended to those States are specified in column 2 of that Schedule and the statutory provision designating them as F1EU Treaties under section 1(3) of the European Communities Act 1972 M1 is specified in column 3 of that Schedule.