Section 6(4)

But a right to carry out a utility activity is not a “special or exclusive right” if it is granted— following award under section 19 (competitive award), or otherwise pursuant to a procedure in which— the opportunity to be granted the right was publicised widely enough to avoid an artificial narrowing of competition, and the grant of the right was based on criteria that did not favour or disadvantage certain persons.

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