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22. These Regulations do not apply to procurement for the award of a contract—
(a)for the purchase of water by a utility engaged in one or both of the activities relating to drinking water referred to in regulation 10(1) (water);
(b)by a utility which is active in the energy sector by engaging in an activity referred to in regulation 8(1) (gas and heat), 9(1) (electricity) or 14 (extraction of oil and gas and exploration for, or extraction of, coal or other solid fuel) for the supply of—
(i)energy; or
(ii)fuels for the production of energy.
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