Part 3: Award of public contracts and procedures Awarding contracts by reference to dynamic markets Section 35: Dynamic markets: establishment
Subsection (1) allows a contracting authority to establish arrangements, known as dynamic markets (see section 34(8) for definition of dynamic market), in order that a contracting authority may subsequently award contracts by reference to suppliers’ participation in such dynamic markets.
	Subsection (2) defines a utilities dynamic market as a dynamic market set up only for the purpose of the award of utilities contracts by utilities.
	Subsection (3) provides that, if any person sets up a utilities dynamic market which complies with the provisions of the legislation applicable to utilities dynamic markets established by private utilities, that is to be treated as a utilities dynamic market established by a private utility for the purpose of the Act and utilities can use them to award utilities contracts.
	Subsection (4) defines a "utility" (see also section 6).
	Subsection (5) clarifies that documents establishing or modifying a dynamic market are not public contracts. This is one of the factors distinguishing dynamic markets from frameworks, which are public contracts, and reflects the fact that a dynamic market is essentially a list of pre-qualified suppliers.