Scope of the RegulationsE+W+N.I.
3.—(1) Subject to paragraphs (2) to (6), these Regulations apply to contracts for the purchase or leasing of road transport vehicles by contracting authorities, utilities or operators.
(2) These Regulations do not apply to contracts for the purchase or leasing of road transport vehicles referred to in Article 2(3) of Directive 2007/46/EC of the European Parliament and of the Council of 5th September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles M1, provided that those vehicles are not subject to type approval requirements.
(3) These Regulations do not apply to any contract unless—
(a)the Public Contracts Regulations 2006 apply in respect of that contract;
(b)the Utilities Contracts Regulations 2006 apply in respect of that contract; or
(c)that contract is to be entered into by an operator and the condition specified in paragraph (4) is satisfied.
(4) That condition is that—
(a)if that operator were a contracting authority, that contract would not be excluded from the application of the Public Contracts Regulations 2006 by regulation 8 (thresholds) of those regulations (whether or not it would also be so excluded for any other reason); and
(b)if that operator were a utility, that contract would not be excluded from the application of the Utilities Contracts Regulations 2006 by regulation 11 (thresholds) of those regulations (whether or not it would also be so excluded for any other reason).
(5) These Regulations do not apply to any contract entered into pursuant to a procurement procedure which began before 31st July 2011.
(6) For the purposes of paragraph (5), a procurement procedure began before 31st July 2011 if before that date and for the purposes of that procedure the contracting authority, utility or operator carrying out the procedure —
(a)sent a contract notice to the Official Journal in accordance with the Public Contracts Regulations 2006 or the Utilities Contracts Regulations 2006 in order to invite—
(i)offers; or
(ii)requests to be selected to tender or to negotiate;
(b)published any form of advertisement seeking offers or expressions of interest; or
(c)contacted any economic operator in order to seek offers or expressions of interest.
Marginal Citations
M1OJ No L 263, 9.10.2007, p 1.