4Excluded contracts
(1)A contract is an excluded contract for the purposes of section 3 if—
(a)it is a contract of a kind mentioned in paragraph (1) or (2) of regulation 6 of the Public Contract Regulations,
(b)the following conditions apply—
(i)it is for the purpose of acquiring goods, works or services in order to sell, hire or provide them to other persons,
(ii)the contracting authority will not have an exclusive right to sell, hire or provide the goods, works or services, and
(iii)the conditions on which the contracting authority intends to sell, hire or provide them are the same as or similar to the conditions on which another person could sell, hire or provide the same or similar goods, works or services, or
(c)the principal purpose of the contract is to acquire goods, works or services in connection with research or development undertaken by the contracting authority.
(2)The Scottish Ministers may by regulations amend subsection (1) so as to modify the kinds of contracts which are or are not excluded contracts.