The Utilities Contracts (Scotland) Regulations 2016
17(1)Regulation 19 (exclusion: contracts awarded and design contests organised pursuant to international rules) is amended as follows.
(2)In paragraph (1), omit sub-paragraph (b) (and the “or” preceding it).
(3)For paragraph (2) substitute—
“(2)These Regulations do not apply to procurement for the award of a relevant international contract or the organisation of a relevant international design contest in a case where the applicable procurement rules restrict the participation of economic operators in the procedure.
(2A)In the case of procurement for the award of a relevant international public contract or relevant international design contest where the applicable procurement rules do not restrict the participation of economic operators in the procedure, the only regulation that applies to the procurement is regulation 41B (equal treatment of economic operators).”
(4)At the end insert—
“(4)In this regulation, “relevant international contract” and “relevant international design contest” mean a contract or design contest that—
(a)the utility undertakes or organises in accordance with procurement rules provided by an international organisation or international financing institution, and
(b)is fully financed, or co-financed for the most part, by that organisation or institution.”