{
  "url": "https://openlegislation.uk/utilities-supply-and-works-contracts-regulations-1992/regulation-8",
  "json_url": "https://openlegislation.uk/utilities-supply-and-works-contracts-regulations-1992/regulation-8.json",
  "legislation": "uksi/1992/3279",
  "legislation_title": "The Utilities Supply and Works Contracts Regulations 1992",
  "legislation_url": "https://openlegislation.uk/utilities-supply-and-works-contracts-regulations-1992",
  "path": "regulation/8",
  "kind": "regulation",
  "number": "8",
  "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 90/531/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 23, 24, 25, 26 other than paragraph 2(a), and 28 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 suppliers and contractors, in specifying its requirements to them, in establishing and using a qualification system, in selecting suppliers or contractors to tender for or to negotiate the contract and in awarding the contract, make decisions objectively on the basis of relevant criteria.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ No. L297, 29.10.90, p.1."
    }
  ],
  "outstanding_effects": [
    {
      "type": "added",
      "affecting": "uksi/1993/3227",
      "affecting_title": "The Utilities Supply and Works Contracts (Amendment) Regulations 1993"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1992/3279/regulation/8",
    "retrieved_at": "2026-10-29T14:08:00.631237+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."
}