3.—(1) This Part establishes rules on the procedures for procurement by contracting authorities with respect to public contracts and design contests which—
(a)have a value estimated to be not less than the relevant threshold mentioned in regulation 5, and
(b)are not excluded from the scope of this Part by any other provision in this Section.
[F1(2) This Part—
(a)does not oblige the United Kingdom to supply information the disclosure of which it considers contrary to the essential interests of its security;
(b)does not preclude the United Kingdom from taking such measures as it considers necessary for the protection of the essential interests of its security which are connected with the production 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, subject to paragraph (5), those included in the 1958 List.
(4) Subject to the effect of any regulations made under paragraph (5), 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).
(5) The Secretary of State may make regulations providing that the 1958 List is to be treated for the purposes of this Part as if it were changed in respects specified in the regulations.
(6) 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 15th April 1958.]
Textual Amendments
F1Reg. 3(2)-(6) substituted for reg. 3(2) (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(3) (with Sch. paras. 3-5)