Section 2(4)
PA 2023
Procurement Act 2023 · United Kingdom
The following are examples of factors to be taken into account in determining whether a person operates on a commercial basis— whether the person operates on the basis that its losses would be borne, or its continued operation secured, by a public authority (whether directly or indirectly); whether the person contracts on terms more favourable than those that might reasonably have been available to it had it not been associated with a public authority; whether the person operates on a market that is subject to fair and effective competition.
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Source: legislation.gov.uk · retrieved 2026-09-04