9.—(1) This Part does not apply to public contracts, or design contests, which the contracting authority is obliged to award or organise in accordance with procurement procedures which are different from those laid down by this Part and are established by F1...:—
(a)a legal instrument creating international law obligations, such as an international agreement F2... between [F3the United Kingdom and one or more other] countries (or subdivisions of such countries) and covering works, supplies or services intended for the joint implementation or exploitation of a project by its signatories;
F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F5(2) This Part does not apply to a relevant international public contract or design contest in a case where the applicable procurement rules restrict the participation of economic operators in the procedure.
(2A) In the case of a relevant international public contract or design contest where the applicable procurement rules do not restrict the participation of economic operators in the procedure, the only provision of this Part that applies is regulation 25B (equal treatment of economic operators).]
F6(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) In the case of contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules, regulation 17 applies instead of F7... this regulation.
[F8(5) In this regulation, “relevant international public contract or design contest” means 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
F1Words in reg. 9(1) 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. 2(2)(a) (with Sch. paras. 23-26)
F2Words in reg. 9(1)(a) omitted (1.3.2024) by virtue of The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Provision) Regulations 2024 (S.I. 2024/80), reg. 1(2), Sch. para. 2(3)
F3Words in reg. 9(1)(a) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(8)(b) (with Sch. paras. 3-5)
F4Reg. 9(1)(b) 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. 2(2)(b) (with Sch. paras. 23-26)
F5Reg. 9(2)(2A) substituted for reg. 9(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. 2(3) (with Sch. paras. 23-26)
F6Reg. 9(3) 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. 2(4) (with Sch. paras. 23-26)
F7Words in reg. 9(4) 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. 2(5) (with Sch. paras. 23-26)
F8Reg. 9(5) 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. 2(6) (with Sch. paras. 23-26)