The Public Services Contracts Regulations 1993

General exclusions

6.  These Regulations shall not apply to the seeking of offers in relation to a proposed public services contract—

(a) for the acquisition of land, including buildings and other structures, land covered with water, and any estate, interes, easement, servitude or right in or over land;

(b) for the acquisition, development, production or co-production of programme material for radio or television by a broadcaster or for the purchase of broadcasting time;

(c) for voice telephony, telex, radiotelephony, paging or satellite services;

(d) for arbitration or conciliation services;

(e) for financial services in connection with the issue, purchase, sale or transfer of securities or other financial instruments;

(f) for central banking services;

(g) for research and development services unless—

(i) the benefits are to accrue exclusively to the contracting authority for its use in the conduct of its own affairs, and

(ii) the services are to be wholly paid for by the contracting authority;

(h) to which the provisions of Article 223 of the EEC Treaty apply;

(i) which is classified as secret or where the carrying out of the services under it must be accompanied by special security measures in accordance with the laws, regulations or administrative provisions of any part of the United Kingdom or when the protection of the basic interests of the security of the United Kingdom require it;

(j) where different procedures govern the procedures leading to the award of the contract and it is to be entered into—

(i) pursuant to an international agreement to which the United Kingdom and a State which is not a member State are parties and it provides for the provision of services intended for the joint implementation or exploitation of a project pursuant to that agreement;

(ii) pursuant to an interantional agreement relating to the statioing of troops; or

(iii) in accordance with the contract award procedures of an organisation of which only States are members (an “international organisation”) or of which only States or international organisations are members; or

(k) under which services are to be provided by another contracting authority, or by a person which is a contracting authority in another member State for the purposes of Council Directive 92/50/EEC(1), because that contracting authority or person has an exclusive right—

(i) to provide the services, or

(ii) which is necessary for the provision of the services,

pursuant to any published law, regulation or administrative provision, which is compatible with the EEC Treaty.

(1)

OJ No. L209, 24.7.92, p. 1.