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36.—(1) Regulation 3 (scope of the Regulations) is amended as follows.
(2) In paragraph (3) for sub-paragraphs (b) and (c) substitute—
“(b)the Utilities Contracts Regulations 2016 apply in respect of that contract;
(c)the Concession Contracts Regulations 2016 apply in respect of that contract; or
(d)that contract is to be entered into by an operator and the condition specified in paragraph (4) is satisfied.”.
(3) For paragraph (4)(b) substitute—
“(b)if that operator were a contracting authority or a utility, that contract would not be excluded from the application of the Utilities Contracts Regulations 2016 by regulation 16 (thresholds) of those regulations (whether or not it would also be so excluded for any other reason);
(c)if that operator were a contracting authority or a utility, that contract would not be excluded from the application of the Concession Contracts Regulations 2016 by regulation 9 (threshold amounts) of those Regulations (whether or not it would also be so excluded for any other reason).”.
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