Subject Matter and application of these RegulationsS
3.—(1) This Part establishes the rules on procedures for the procurement by contracting authorities with respect to public contracts, framework agreements, dynamic purchasing systems and design contests which—
(a)have a value estimated to be not less than the relevant threshold mentioned in regulation 5 (thresholds); and
(b)are not excluded from the scope of this Part by any other provision of these Regulations.
[F1(2) This Part—
(a)does not oblige any contracting authority to supply information the disclosure of which it considers contrary to the essential interests of the security of the United Kingdom,
(b)does not preclude any contracting authority from taking such measures as it considers necessary for the protection of the essential interests of the security of the United Kingdom and which are connected with the production of or trade in arms, munitions and war material, provided that such measures do not adversely affect the conditions of competition regarding products which are not intended for specifically military purposes.
(3) The arms, munitions and war material to which paragraph (2)(b) applies are those included in the 1958 List.
(4) Any measures which, if they had been taken immediately before IP completion day, would have been covered by Article 346 of TFEU shall be regarded as measures covered by paragraph (2)(b).
(5) In this regulation, “the 1958 List” means the list of arms, munitions and war material adopted by the Council of the European Economic Community in its Decision 255/58 of 15 April 1958 as that list is to be treated for the purpose of Part 2 of the Public Contracts Regulations 2015.]
Textual Amendments
F1Reg. 3(2)-(5) substituted for reg. 3(2) (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 4(3) (with sch. paras. 1-5)