# The Utilities Supply and Works Contracts Regulations 1992, Regulation 8: Exemption in respect of certain utilities operating in the energy sector


(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.
(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—
(a) hold a competition unless it can objectively justify not doing so; and
(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.

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Source: https://www.legislation.gov.uk/uksi/1992/3279/regulation/8 (the official version)
Page: https://openlegislation.uk/utilities-supply-and-works-contracts-regulations-1992/regulation-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.