Regulation 10 Exclusions: Concession contracts awarded pursuant to international rulesI1
Scotland
These Regulations do not apply to procurement for the award of a concession contract which the contracting entity is obliged to award or organise in accordance with procurement procedures which are established by—
an international agreement or any other legal instrument creating international law obligations F1... between the United Kingdom and one or more F2other countries or any part thereof and covering works, supplies or services intended for the joint implementation or exploitation of a project by the signatories; F3...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
These Regulations do not apply to procurement for the award of a relevant international concession contract in a case where the applicable procurement rules restrict the participation of economic operators in the procedure.
In the case of procurement for the award of a relevant international concession contract 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 28 (equal treatment of economic operators).
This Regulation does not apply to procurement for the award of a concession contract F5which is a defence and security contract.
In this regulation, “relevant international concession contract” means a concession contract that—
the contracting entity undertakes or organises in accordance with procurement rules provided by an international organisation or international financing institution, and
is fully financed, or co-financed for the most part, by that organisation or institution.
Annotations
Textual amendments
- F1
Words in reg. 10(1)(a) omitted (10.1.2025) by virtue of The Public Procurement (Miscellaneous Amendment) (Scotland) Regulations 2024 (S.S.I. 2024/338), regs. 1, 5(4) (with reg. 2)
- F2
Word in reg. 10(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), 8(8)(b) (with sch. paras. 1-5)
- F3
Reg. 10(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. 21(2) (with Sch. paras. 23-26)
- F4
Reg. 10(2)(2A) substituted for reg. 10(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. 21(3) (with Sch. paras. 23-26)
- F5
Words in reg. 10(3) substituted (24.2.2025) by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 20(4)
- F6
Reg. 10(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. 21(4) (with Sch. paras. 23-26)