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The Utilities Contracts (Scotland) Regulations 2006

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Economic operators

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4.—(1) In these Regulations, an “economic operator” means a contractor, a supplier or a services provider.

(2) When these Regulations apply a utility shall not treat a person who is not a national of a relevant State and established in a relevant State more favourably than one who is.

(3) A utility shall–

(a)treat economic operators equally and without discrimination; and

(b)act in a transparent and proportionate manner

(4) In these Regulations a relevant State is a member State or a State listed in column 1 of Schedule 4; the agreements with the European Union by which the provisions in relation to public procurement are extended to those States are specified in column 2 to that Schedule and the statutory provision designating them as European Treaties under section 1(3) of the European Communities Act 1972(1) is specified in column 3 of that Schedule.

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