All utilities whose procurement is covered by the Utilities Contracts Regulations 2016 and the Utilities Contracts (Scotland) Regulations 2016 which are contracting authorities (e.g. those covered under Annex 1 and Annex 2) or public undertakings¹ and which have as one of their activities any of those referred to below or any combination thereof:

a the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of drinking water or the supply of drinking water to such networks;

b the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of electricity or the supply of electricity to such networks;

c the provision of airport or other terminal facilities to carriers by air;

d the provision of maritime or inland port or other terminal facilities to carriers by sea or inland waterway;

e the provision or operation of networks² providing a service to the public in the field of transport by urban railway, automated systems, tramway, trolley bus, bus or cable;

f the provision or operation of networks providing a service to the public in the field of transport by railways.³

Referenced Notes:

1 According to the Utilities Contracts Regulations 2016, a "public undertaking" means any undertaking over which contracting authorities may exercise directly or indirectly a dominant influence by virtue of:
 a) their ownership of that undertaking;
 b) their financial participation in that undertaking; or
 c) the rules which govern that undertaking.

According to the Utilities Contracts (Scotland) Regulations 2016, a "public undertaking" means a person over which one or more contracting authorities are able to exercise, directly or indirectly, a dominant influence by virtue of one or more of the following:
 a) their ownership of that person;
 b) their financial participation in that person;
 c) the rights accorded to them by the rules which govern that person.

According to both the Utilities Contracts Regulations 2016 and the Utilities Contracts (Scotland) Regulations 2016, a dominant influence on the part of contracting authorities is presumed in any of the following cases in which those authorities, directly or indirectly:
 a) hold the majority of the undertaking's subscribed capital;
 b) control the majority of the votes attaching to shares issued by the undertaking;
 c) can appoint more than half of the undertaking's administrative, management or supervisory body.

2 As regards transport services, a network shall be considered to exist where the service is provided under operating conditions laid down by a competent authority of the United Kingdom such as conditions on the routes to be served, the capacity to be made available or the frequency of the service.

3 E.g. the provision or operation of networks (within the meaning of footnote 2) providing a service to the public in the field of transport by high-speed or conventional trains.