# The Utilities Contracts Regulations 1996, Regulation 6: General exclusions


These Regulations shall not apply to the seeking of offers in relation to a contract—
(a) other than for the purpose of carrying out an activity specified in the Part of Schedule 1 in which the utility is specified;
(b) for the purpose of carrying out any activity outside the territory of the Communities but only if the carrying out of that activity does not involve the physical use of a network or geographical area within the Communities;
(c) for the purpose of acquiring goods, works or services in order to sell, hire or provide them to another person unless the utility has a special or exclusive right to sell, hire or provide such goods, works or services or other persons are not free to sell, hire or provide them under the same conditions;
(d) which is classified as secret by a Minister of the Crown or where the performance of the contract must be accompanied by special security measures in accordance with the laws, regulations or administrative provisions of any part of the United Kingdom or when the protection of the basic interests of the security of the United Kingdom requires it;
(e) where different rules govern the procedures leading to the award of the contract and it is to be entered into—
(i) pursuant to an international agreement to which the United Kingdom and a State which is not a relevant State are parties and it relates to goods or provides for the carrying out of works or the provision of services intended for the joint implementation or exploitation of a project pursuant to that agreement;
(ii) pursuant to an international agreement relating to the stationing of troops; or
(iii) in accordance with the contract award procedures of an organisation of which only States are members (an “international organisation”) or of which only States or international organisations are members;
(f) by a utility which engages in an activity specified in Part A, B or C of Schedule 1 for the purchase of water;
(g) by a utility which engages in an activity specified in Parts D to N of Schedule 1 for the purchase of energy or of fuel for the production of energy;
(h) by a utility specified in Column 1 of Part S of Schedule 1 for the purpose of engaging in an activity specified in Column 2 of that Part of that Schedule where that activity is provided in a geographical area in which other persons are free to provide the service under the same conditions as the utility;
(i) under which services are to be provided by a contracting authority within the meaning of the Public Services Contracts Regulations 1993 or by a person which is a contracting authority in another relevant State for the purposes of Council Directive 92/50/EEC because that contracting authority or person has an exclusive right—
(i) to provide the services, or
(ii) which is necessary for the provision of the services,
pursuant to any published law, regulation or administrative provision which is compatible with the EEC Treaty;
(j) for the acquisition of land, including buildings and other structures, land covered with water, and any estate, interest, easement, servitude or right in or over land;
(k) for voice telephony, telex, radiotelephony, paging or satellite services;
(l) for arbitration or conciliation services;
(m) for the issue, purchase, sale or transfer of securities or other financial instruments;
(n) for research and development services unless—
(i) the benefits are to accrue exclusively to the utility for its use in the conduct of its own affairs, and
(ii) the services are to be wholly paid for by the utility.

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Source: https://www.legislation.gov.uk/uksi/1996/2911/regulation/6 (the official version)
Page: https://openlegislation.uk/utilities-contracts-regulations-1996/regulation-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.