10.—(1) These Regulations do not apply to procurement for the award of a public contract or the organisation of a design contest which the contracting authority is obliged to award or organise in accordance with procurement procedures which are established by—
(a)an international agreement or any other legal instrument creating international law obligations, concluded in conformity with the [F1Retained] Treaties, between the United Kingdom and one or more [F2other] country or any part thereof and covering works, supplies or services intended for the joint implementation or exploitation of a project by the signatories; F3...
F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F4(2) These Regulations do not apply to procurement for the award of a relevant international public contract or the organisation of a relevant international design contest in a case where the applicable procurement rules restrict the participation of economic operators in the procedure.
(2A) In the case of procurement for the award of a relevant international public contract or relevant international design contest where the applicable procurement rules do not restrict the participation of economic operators in the procedure, the only regulation that applies to the procurement is regulation 26B (equal treatment of economic operators).]
(3) This Regulation does not apply to procurement for the award of a contract or the organisation of a design contest involving defence or security aspects awarded or organised pursuant to international rules.
[F5(4) In this regulation, “relevant international public contract” and “relevant international design contest” mean a public contract or design contest that—
(a)the contracting authority awards or organises in accordance with procurement rules provided by an international organisation or international financing institution, and
(b)is fully financed, or co-financed for the most part, by that organisation or institution.]
Textual Amendments
F1Word in reg. 10(1)(a) inserted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 4(9)(a) (with sch. paras. 1-5)
F2Word in reg. 10(1)(a) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 4(9)(b) (with sch. paras. 1-5)
F3Reg. 10(1)(b) and word omitted (coming into force in accordance with s. 7(1) of the amending Act) by virtue of Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024 (c. 6), Sch. para. 13(2) (with Sch. paras. 23-26)
F4Reg. 10(2)(2A) substituted for reg. 10(2) (coming into force in accordance with s. 7(1) of the amending Act) by Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024 (c. 6), Sch. para. 13(3) (with Sch. paras. 23-26)
F5Reg. 10(4) inserted (coming into force in accordance with s. 7(1) of the amending Act) by Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024 (c. 6), Sch. para. 13(4) (with Sch. paras. 23-26)