PART 5CONTRACT TERMS
11.
Where a public authority is a party to a contract that public authority shall ensure that the contract contains the elements specified in—
(a)
Regulations 3, 4 and 5, in respect of public undertakings;
(b)
Regulations 6, 7 and 8, in respect of an undertaking required to maintain separate accounts; and
(c)
Regulation 9 in respect of public undertakings operating in the manufacturing sector.
F112.
(1)
In the event that a contract does not expressly contain the elements required by Regulation 11, then it is an implied term of that contract that any undertaking that is a party to that contract shall comply with the provisions of—
(a)
Regulations 3, 4 and 5, in respect of public undertakings;
(b)
Regulations 6, 7 and 8, in respect of an undertaking required to maintain separate accounts; and
(c)
Regulation 9 in respect of public undertakings operating in the manufacturing sector.
(2)
Any term of a contract is void to the extent that it purports to exclude the application of paragraph (1).