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 1

Exclusions applicable to all utilities and special exclusions for the water and energy sectors

Exclusion: Contracts awarded and design contests organised pursuant to international rules
19
1
These Regulations do not apply to procurement for the award of a contract or the organisation of a design contest which the utility is obliged to award or organise in accordance with a procurement which is established by—
a
an international agreement or any other legal instrument creating international law obligations ... between the United Kingdom and one or more other country or any part thereof and covering works, supplies or services intended for the joint implementation or exploitation of a project by its signatories; ...
b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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).
3
This regulation does not apply to procurement for the award of a contract or the organisation of a design contest involving defence or security aspects which are awarded or organised pursuant to international rules.
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.
Reg. 19 in force at 18.4.2016, see reg. 1(2)
Word in reg. 19(1)(a) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(10)(b) (with sch. paras. 1-5)
Reg. 19(2)(2A) substituted for reg. 19(2) (coming into force in accordance with s. 7(1) of the amending Act) by Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024 (c. 6), Sch. para. 17(3) (with Sch. paras. 23-26)
Reg. 19(4) inserted (coming into force in accordance with s. 7(1) of the amending Act) by Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024 (c. 6), Sch. para. 17(4) (with Sch. paras. 23-26)
Reg. 19(1)(b) and word omitted (coming into force in accordance with s. 7(1) of the amending Act) by virtue of Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024 (c. 6), Sch. para. 17(2) (with Sch. paras. 23-26)
Words in reg. 19(1)(a) omitted (10.1.2025) by virtue of The Public Procurement (Miscellaneous Amendment) (Scotland) Regulations 2024 (S.S.I. 2024/338), regs. 1, 4(3) (with reg. 2)