Part 1: Key definitions Section 10: Mixed procurement: special regime contracts
Some mixed contracts will contain elements which, if procured separately, would be subject to special rules, such as light touch contracts. This section provides for when those contracts are to be handled according to the rules that reflect the special nature of one element (i.e.when they are to be treated as a "special regime contract" as defined in this section), or where they are to be treated as subject to the general rules in this legislation.
	When placing a mixed contract containing one or more elements that would, if procured separately, be subject to a "special regime", together with other above-threshold elements that would not be subject to that special regime, subsection (3) provides that a contracting authority cannot take advantage of such special regime rules where it would be reasonable to split out that special regime element or elements.
	Subsection (1) applies the above test to mixed contracts for goods, services or works that contain a "special regime" element but that are not framework agreements.
	Subsection (2) applies the above test to mixed contracts for goods, services or works that contain a "special regime" element but are framework agreements.
	Subsection (3) prohibits treating a contract as a special regime contract if either of the tests in subsections (1) or (2) are met.
	Subsection (4) permits mixed special regime contracts that are defence and security contracts to be treated as a special regime contract even where the conditions in subsection (1) or (2) apply, where there are good reasons for procuring the elements together.
	Subsection (5) sets out factors contracting authorities may have regard to when determining whether elements of a mixed contract can reasonably be procured separately.
	Subsection (6) lists the different types of special regime contract: concessions, defence and security, light touch, and utilities.
	Subsection (7) ensures that, where the analysis above means the mixed contract cannot be treated as a special regime contract, the contract is still to be treated as a public contract subject to the legislation.
	Subsection (8) makes clear that subsection (3) does not apply to mixed contracts awarded under a framework.