The Utilities Contracts Regulations 2016

Specific exclusions for service contracts E+W+N.I.

21.—(1) These Regulations do not apply to service contracts—

(a) for the acquisition or rental, by whatever financial means, of land, existing buildings or other immovable property or which concern interests in or rights over any of them;

(b) for arbitration or conciliation services;

(c) for any of the following legal services—

(i) legal representation of a client by a lawyer F1 ..., in:—

(aa) an arbitration or conciliation held in [F2 the United Kingdom, another] country or before an international arbitration or conciliation instance, or

(bb) judicial proceedings before the courts, tribunals or public authorities of [F3 the United Kingdom or another] country or before international courts, tribunals or institutions;

(ii) legal advice given—

(aa) in preparation of any of the proceedings referred to in paragraph (i), or

(bb) where there is a tangible indication and high probability that the matter to which the advice relates will become the subject of such proceedings,

provided that the advice is given by a lawyer F4 ...;

(iii) document certification and authentication services which must be provided by notaries;

(iv) legal services provided by trustees or appointed guardians or other legal services the providers of which are designated by a court or tribunal in the [F5 United Kingdom] or are designated by law to carry out specific tasks under the supervision of such tribunals or courts;

(v) other legal services which in the [F6 United Kingdom] are connected, even occasionally, with the exercise of official authority;

(d) for—

(i) financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments within the meaning of Directive 2004/39/EC of the European Parliament and of the Council M1 as amended from time to time, or

(ii) operations conducted with the European Financial Stability Facility and the European Stability Mechanism;

(e) for loans, whether or not in connection with the issue, sale, purchase or transfer of securities or other financial instruments;

(f) which are employment contracts;

(g) for public passenger transport services by rail or metro;

(h) for civil defence, civil protection, and danger prevention that are provided by non-profit organisations or associations, and which are covered by CPV codes 75250000-3, 75251000-0, 75251100-1, 75251110-4, 75251120-7, 75252000-7, 75222000-8, 98113100-9 and 85143000-3 except patient transport ambulance services; or

(i) for broadcasting time or programme provision that are awarded to audiovisual or radio media service providers.

(2) In this regulation—

[F7 (za) “lawyer” means a person practising as an advocate, barrister or solicitor in any part of the United Kingdom or in Gibraltar;]

(a) “media service providers” has the meaning given by Article 1(1)(d) of Directive 2010/13/EU of the European Parliament and of the Council M2 as amended from time to time;

(b) “programme” has the meaning given by Article 1(1)(b) of that Directive as amended from time to time, but also includes radio programmes and radio programme materials; and

(c) “programme material” has the same meaning as “programme”.

Textual Amendments

F1 Words in reg. 21(1)(c)(i) omitted (31.12.2020) by virtue of The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 10(12)(a)(i)(aa) (with Sch. paras. 3-5)

F2 Words in reg. 21(1)(c)(i)(aa) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 10(12)(a)(i)(bb) (with Sch. paras. 3-5)

F3 Words in reg. 21(1)(c)(i)(bb) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 10(12)(a)(i)(cc) (with Sch. paras. 3-5)

F4 Words in reg. 21(1)(c)(ii) omitted (31.12.2020) by virtue of The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 10(12)(a)(ii) (with Sch. paras. 3-5)

F5 Words in reg. 21(1)(c)(iv) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 10(12)(a)(iii) (with Sch. paras. 3-5)

F6 Words in reg. 21(1)(c)(v) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 10(12)(a)(iii) (with Sch. paras. 3-5)

F7 Reg. 21(2)(za) inserted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 10(12)(b) (with Sch. paras. 3-5)

Marginal Citations

M1 OJ No L 145, 30.04.2004, p1, last amended by Directive 2010/78/EU of the European Parliament and of the Council (OJ No L 331, 15.12.2010, p120).

M2 OJ No L 95, 15.4.2010, p1.