{
  "url": "https://openlegislation.uk/utilities-contracts-regulations-1996/regulation-9",
  "json_url": "https://openlegislation.uk/utilities-contracts-regulations-1996/regulation-9.json",
  "legislation": "uksi/1996/2911",
  "legislation_title": "The Utilities Contracts Regulations 1996",
  "legislation_url": "https://openlegislation.uk/utilities-contracts-regulations-1996",
  "path": "regulation/9",
  "kind": "regulation",
  "number": "9",
  "heading": "Exemption in respect of certain utilities operating in the energy sector",
  "text": "(1) Where the Commission has decided that an activity specified in Parts M or N of Schedule 1 to these Regulations is not to be considered an activity defined in article 2(2)(b)(i) of Council Directive 93/38/EEC and that entities undertaking that activity shall not be considered as operating under special or exclusive rights by virtue of article 2(3)(b) of that Directive, a utility need not comply with Parts II to V of these Regulations and regulations 24, 25, 26, 27 other than paragraph (2)(a), 29 and 31 below in seeking offers in relation to a contract to be awarded for the purpose of carrying out any activity referred to in that decision.\n(2) A utility which relies on the exemption in paragraph (1) above shall observe the principles of non-discrimination and competitive procurement, and in particular shall—\n(a) hold a competition unless it can objectively justify not doing so; and\n(b) in making information about its procurement intentions available to providers, in specifying its requirements to them, in establishing and using a qualification system, in selecting providers to tender for or to negotiate the contract, in holding any design contest and in awarding the contract, make decisions objectively on the basis of relevant criteria.\n(3) A utility which relies on the exemption in paragraph (1) above shall—\n(a) in respect of a contract awarded by it the value of which, calculated in accordance with regulation 10 below, exceeds 5,000,000 ECU, send to the Commission no later than 48 days after the award the following information—\n(i) the name and address of the utility;\n(ii) the nature of the contract, namely whether it is a supply, works or services contract and whether it is a framework agreement;\n(iii) a clear indication of the nature of the goods, work, works or services to be provided (for example, by using the Classification of Products by Activity);\n(iv) whether the contract was advertised and, if so, in which publication and, if not, the procedure or method used to decide to whom the contract should be awarded;\n(v) the number of offers received;\n(vi) the date of the award of the contract;\n(vii) the name and address of the person to whom the contract was awarded;\n(viii) the value of the contract, calculated in accordance with regulation 10 below;\n(ix) the expected duration of the contract;\n(x) any share of the contract which has been, or may be, sub-contracted to which over 10% of the value of the consideration to be given under the contract is attributable;\n(xi) in the case of a supply contract the country of origin of the goods and in the case of a works or services contract the principal country from which the contract is to be performed;\n(xii) where the contract was awarded on the basis of the offer which was the most economically advantageous, the main criteria on which the decision was based; and\n(xiii) whether the contract was awarded to a person who offered a variant on the requirements specified in the contract documents; and\n(b) in respect of a supply or services contract awarded by it the value of which, calculated in accordance with regulation 10 below, equals or exceeds 400,000 ECU but does not exceed 5,000,000 ECU—\n(i) retain the information specified in sub-paragraph (a)(i) to (ix) above for not less than 4 years after the award; and\n(ii) either—\n(aa) if the Commission requests that information in relation to any such contract, forthwith send it to the Minister, or\n(bb) where no such request has been made, send that information to the Commission no later than 48 days after the end of the period of 3 months ending on the last day of March, June, September or December in which the contract was awarded.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ No. L199, 9.8.93, p. 84."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "The relevant department in the Commission is DGXV/b/4 whose address is 200 Rue de la Loi, Brussels B-1049."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1996/2911/regulation/9",
    "retrieved_at": "2026-10-29T12:31:57.250352+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."
}