{
  "url": "https://openlegislation.uk/draft-construction-contracts-england-exclusion-order-2022/article-3",
  "json_url": "https://openlegislation.uk/draft-construction-contracts-england-exclusion-order-2022/article-3.json",
  "legislation": "ukdsi/2022/9780348235043",
  "legislation_title": "The Construction Contracts (England) Exclusion Order 2022",
  "legislation_url": "https://openlegislation.uk/draft-construction-contracts-england-exclusion-order-2022",
  "path": "article/3",
  "kind": "article",
  "number": "3",
  "heading": "Direct procurement for customers projects",
  "text": "(1) A construction contract is excluded from the operation of Part II of the Act if it is a contract for the delivery of a direct procurement for customers project.\n(2) A contract is a contract for the delivery of a direct procurement for customers project if all the following conditions are fulfilled—\n(a) it contains a statement that it is such a contract;\n(b) one of the parties to the contract is a sewerage undertaker or a water undertaker;\n(c) the construction operations are in respect of an infrastructure project that is designated by the Water Services Regulation Authority as a direct procurement for customers project in accordance with the conditions of appointment of the sewerage undertaker or the water undertaker;\n(d) the consideration due under the contract consists at least in part of regular payments that—\n(i) are determined in part by reference to the actual cost of the construction operations; and\n(ii) become payable after at least one part of the construction operations is completed and is capable of performing a sewerage or water service.\n(3) In paragraph (2)—\n(a) construction operations means the construction operations to which the contract relates; and\n(b) sewerage undertaker and water undertaker mean a sewerage undertaker or water undertaker, as the case may be, appointed under section 6(1) of the Water Industry Act 1991.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1991 c. 56."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2022/9780348235043/article/3",
    "retrieved_at": "2026-10-30T14:45:38.230878+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}