The Utilities Contracts Regulations 1996

Suppliers, contractors and services providers

4.—(1) For the purposes of these Regulations—

(a) a “supplier” means a person who sought, or who seeks, or would have wished, to be the person to whom a supply contract is awarded;

(b) a “contractor” means a person who sought, or who seeks, or would have wished, to be the person to whom a works contract is awarded; and

(c) a “services provider” means a person who sought or who seeks, or who would have wished,

(i) to be the person to whom a services contract is awarded, or

(ii) to participate in a design contest, and,

in every case, is a person who is a national of and established in a relevant State.

(2) In these Regulations a relevant State is a member State or a State listed in column 1 of Schedule 2 hereto; 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 are specified in Column 3 to that Schedule.

(3) When these Regulations apply a utility shall not discriminate between providers: and it shall not treat a person who is not a national of and established in a relevant State more favourably than one who is.