Amendment of regulation 65 (modification of the Regulations)

42.  In regulation 65(1)—

(a) for paragraph (3) substitute—

“(3) Regulations 6, 7 and 8 to 9A do not apply.”;

(b) after paragraph (3) insert—

“(3A) Regulation 7A has effect as if—

(a) in paragraph (1)—

(i) the words “For the purposes of section 14 of the Act,” were omitted;

(ii) for “Secretary of State” there were substituted “contracting authority”;

(b) paragraph (4) were omitted;

(c) in paragraphs (7)(a) and (8)(a), the references to “competitive process” have the meanings given in regulations 59 and 60.”;

(c) omit paragraph (5);

(d) after paragraph (9) insert—

“(9ZA) Regulation 19A (commercial pricing) has effect as if after “Secretary of State”, where it occurs in paragraphs (3)(a)(i) and (4), there were inserted “or the contracting authority”.

(9ZB) Regulation 19C (previously agreed price) does not apply.

(9ZC) Regulation 19G(5) (aggregation of components) has effect as if for each “Secretary of State” there were substituted “contracting authority”.”;

(e) in paragraph (10), for “sub-paragraphs (2)(a)(iii) and (2)(e)” substitute “paragraphs (2)(a)(iii) and (e) and (2A)(a)(ii) and (c)”;

(f) in paragraph (11), for “sub-paragraph (2)(e)(ii)” substitute “paragraph (3)(c)(ii)”;

(g) in paragraphs (12), for “sub-paragraphs (2)(g) to (i) do” substitute “paragraph (2)(g) to (i) does”;

(h) in paragraph (13), for “sub-paragraphs (4)(j) to (l) do” substitute “paragraph (4)(j) to (l) does”;

(i) in paragraph (14), for “sub-paragraphs 2(l) to (n) do” substitute “paragraph (2)(l) to (n) does”.

(1)

Regulation 65 was amended by S.I. 2018/1350 and S.I. 2019/1106.