PART 2Scope and principles

CHAPTER 2Exclusions

Concession contracts awarded to a joint venture or to a utility forming part of a joint venture14

1

These Regulations do not apply to concession contracts awarded—

a

by a joint venture, formed exclusively by a number of utilities for the purpose of carrying out activities listed in Schedule 2, to one of those utilities, or

b

by a utility to such a joint venture of which it forms part,

provided that the joint venture has been set up in order to carry out the activity concerned over a period of at least 3 years and the instrument setting up the joint venture stipulates that the utilities which form it will be part of the joint venture for at least the same period.

2

This regulation applies despite the provisions of regulation 17.