Scope of the Regulations E+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 [F1 Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles], [F2 as in force on IP completion day,] provided that those vehicles are not subject to type approval requirements.

(3) These Regulations do not apply to any contract unless—

(a) [F3 Part 2 of the Public Contracts Regulations 2015] apply in respect of that contract;

[F4 (b) the Utilities Contracts Regulations 2016 apply in respect of that contract;

(c) the Concession Contracts Regulations 2016 apply in respect of that contract; or

(d) 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 [F5 Public Contracts Regulations 2015 by regulation 5 (threshold amounts)] of those regulations (whether or not it would also be so excluded for any other reason); and

[F6 (b) if that operator were a contracting authority or a utility, that contract would not be excluded from the application of the Utilities Contracts Regulations 2016 by regulation 16 (thresholds) of those regulations (whether or not it would also be so excluded for any other reason);

(c) if that operator were a contracting authority or a utility, that contract would not be excluded from the application of the Concession Contracts Regulations 2016 by regulation 9 (threshold amounts) 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.

Textual Amendments

F1 Words in reg. 3(2) substituted (1.9.2020) by The Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818), reg. 1(b), Sch. 6 para. 25(2) (with Sch. 4 paras. 16, 17)

F2 Words in reg. 3(2) inserted (31.12.2020) by The Cleaner Road Transport Vehicles (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/964), regs. 1, 2(3)

F3 Words in reg. 3(3)(a) substituted (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 18(3)(a)

F4 Reg. 3(3)(b)-(d) substituted for reg. 3(3)(b)(c) (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 2 para. 36(2) (with reg. 5)

F5 Words in reg. 3(4)(a) substituted (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 18(3)(b)

F6 Reg. 3(4)(b)(c) substituted for reg. 3(4)(b) (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 2 para. 36(3) (with reg. 5)