Section 35

A contracting authority may establish arrangements for the purpose of a contracting authority awarding public contracts by reference to suppliers’ participation in the arrangements. In this Act a “utilities dynamic market” means a dynamic market established only for the purpose of the award of utilities contracts by utilities. If arrangements established by any person comply with the requirements of this Act that apply in relation to a utilities dynamic market established by a private utility— the arrangements are to be treated for the purposes of this Act as a utilities dynamic market established by a private utility, and a utility may award public contracts that are utilities contracts by reference to suppliers’ membership of the market. In this Act, “utility” means— a public authority, or public undertaking, that carries out a utility activity; a private utility. Documents establishing or modifying a dynamic market are not a contract for the purposes of this Act.

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Source: legislation.gov.uk · retrieved 2026-09-04