PART 1

GENERAL
CHAPTER 3

MATERIAL SCOPE
SECTION 2

Excluded contracts and design contests; special provisions for procurement involving defence and security aspects
SUB-SECTION 5

Activities directly exposed to competition and related procedural provisions

Activities directly exposed to competition
32
1
These Regulations do not apply to procurement for the award of a contract or a design contest intended to enable an activity mentioned in regulations 8 to 14 to be carried out where that activity is directly exposed to competition on markets to which access is not restricted.
2
For the purposes of paragraph (1), the activity is directly exposed to competition on markets to which access is not restricted only if—
a
the activity is covered by the following Commission decisions—
i
Commission Decision 2006/211/EC establishing that Article 30(1) of Directive 2004/17/EC of the European Parliament and of the Council coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors applies to electricity generation in England, Scotland and Wales (notified under document number C(2006) 690) ;
ii
Commission Decision 2007/141/EC establishing that Article 30(1) of Directive 2004/17/EC of the European Parliament and of the Council coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors applies to the supply of electricity and gas in England, Scotland and Wales (notified under document number C(2007) 559) ; and
iii
Commission Decision 2010/192/EU exempting exploration for and exploitation of oil and gas in England, Scotland and Wales from the application of Directive 2004/17/EC of the European Parliament and of the Council coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (notified under document C(2010) 1920) ; ...
b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
The activity referred to in paragraph (1) may form a part of a larger sector or be exercised only in certain parts of the United Kingdom.

Procedure for establishing whether regulation 32(2)(b) is applicable
33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
OJ L 76, 15.3.2006, p.6.
OJ L 62, 1.3.2007, p.23.
OJ L 84, 31.3.2010, p.52.
Reg. 32 in force at 18.4.2016, see reg. 1(2)
Reg. 32(2)(b) and word omitted (31.12.2020) by virtue of The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(20) (with sch. paras. 1-5)
Reg. 33 omitted (31.12.2020) by virtue of The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(21) (with sch. paras. 1-5)