Annex 16A Schedule of the United Kingdom (web version)

This agreement is not yet in force. Both the UK and Australia are required to complete their respective domestic procedures for the agreement to come into effect. Once approved by both parliaments, businesses will be able to trade under its terms.

ANNEX 16A: Schedule of the United Kingdom

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Section A – Central Government Entities

Thresholds:

Unless otherwise specified, Chapter 16 (Government Procurement) applies
to central government entities listed in this Section where the value of
the procurement is estimated to equal or exceed the following
thresholds: Read also : Don’t take the law into your own hands.

Goods SDR 130,000 

Services SDR 130,000 

Construction Services SDR 5,000,000

List of Entities:

The following central government contracting authorities of the United
Kingdom:

(Note: this list is exhaustive)

1. Attorney General’s Office:

1.1. Government Legal Department;

2. Cabinet Office:

2.1. Office of the Parliamentary Counsel;

2.2. Boundary Commission for England;

2.3. Crown Commercial Service;

3. Charity Commission;

4. Crown Estate – Vote Expenditure Only;

5. Crown Prosecution Service;

6. Department for Business, Energy and Industrial Strategy:

6.1. Competition Appeal Tribunal;

6.2. Competition and Markets Authority;

6.3. Competition Service;

6.4. Intellectual Property Office;

6.5. Nuclear Decommissioning Authority;

6.6. Meteorological Office (known as “Met Office”);

6.7. Office of Manpower Economics;

6.8. Oil and Gas Authority;

6.9. UK Research and Innovation;

7. Department for Education:

7.1. Office for Students;

8. Ministry of Housing, Communities and Local Government;

9. Department for Digital, Culture, Media and Sport:

9.1. Arts Council England;

9.2. British Library;

9.3. British Museum;

9.4. The Gambling Commission;

9.5. Historic Buildings and Monuments Commission for England (known\
as “Historic England”);

9.6. Imperial War Museum;

9.7. National Gallery;

9.8. National Maritime Museum;

9.9. National Portrait Gallery;

9.10. Natural History Museum;

9.11. Board of Trustees of the Science Museum (known as “Science Museum
Group”);

9.12. Tate Gallery;

9.13. Victoria and Albert Museum;

9.14. Wallace Collection;

10. Department for Environment, Food and Rural Affairs:

10.1. Natural England;

10.2. Plant Variety Rights Office;

10.3. Royal Botanic Gardens, Kew.

11. Department of Health and Social Care:

11.1. NHS Business Services Authority;

11.2. NHS Commissioning Board (known as “NHS England”);

11.3. NHS Trusts;

11.4. NHS Foundation Trusts;

12. Department for International Trade;

13. Department for Transport:

13.1. Maritime and Coastguard Agency;

13.2. Highways England Company Ltd (known as “Highways England”);

14. Department for Work and Pensions:

14.1. Office for Nuclear Regulation;

14.2. Pensions Regulator;

14.3. Social Security Advisory Committee.

15. Export Credits Guarantee Department (known as “UK Export
Finance”);

16. Foreign, Commonwealth and Development Office: 

16.1. Wilton Park;

17. Government Actuary’s Department;

18. Government Communications Headquarters;

19. Home Office:

19.1. HM Inspectorate of Constabulary and Fire & Rescue Services;

20. Corporate Officer of the House of Commons;

21. Corporate Officer of the House of Lords;

22. Ministry of Defence:

22.1. Defence Equipment & Support;

23. Ministry of Justice:

23.1. Court of Appeal (England and Wales);

23.2. Employment Appeals Tribunal;

23.3. Employment Tribunals;

23.4. First-tier Tribunal;

23.5. Her Majesty’s Courts and Tribunals Service;

23.6. Law Commission;

23.7. Legal Aid Agency – England and Wales;

23.8. Office of the Official Solicitor to the Senior Courts and the
Public Trustee;

23.9. Office of the Public Guardian;

23.10. Parole Board;

23.11. UK Supreme Court;

23.12. Upper Tribunal;

24. The National Archives;

25. National Audit Office;

26. National Savings and Investments;

27. Northern Ireland Assembly Commission;

28. Northern Ireland Ministers:

28.1. Agricultural Wages Board for Northern Ireland;

28.2. Attorney General for Northern Ireland;

28.3. Department of Agriculture, Environment and Rural Affairs;

28.4. Department for Communities;

28.4.1. National Museums Northern Ireland;

28.4.2. Northern Ireland Housing Executive;

28.5. Department for the Economy:

28.5.1. Belfast Metropolitan College;

28.5.2. Consumer Council Northern Ireland (with respect only to the
functions transferred from the National Consumer Council which were
themselves transferred from the Gas and Electricity Consumer Council);

28.5.3. Health and Safety Executive for Northern Ireland;

28.5.4. Northern Regional College;

28.5.5. North West Regional College;

28.5.6. South Eastern Regional College;

28.5.7. Southern Regional College;

28.5.8. South West College;

28.5.9. Stranmillis University College;

28.6. Department of Education;

28.6.1. Council for Catholic Maintained Schools;

28.7. Department of Finance;

28.8. Department of Health;

28.8.1. Northern Ireland Fire and Rescue Service;

28.9. Department for Infrastructure;

28.10. Department of Justice:

28.10.1. Coroners Service;

28.10.2. County Courts;

28.10.3. Court of Appeal and High Court of Justice in Northern Ireland;

28.10.4. Crown Court;

28.10.5. Enforcement of Judgements Office;

28.10.6. Forensic Science Northern Ireland;

28.10.7. Legal Service Agency Northern Ireland;

28.10.8. Magistrates’ Courts;

28.10.9. Pensions Appeals Tribunals (Northern Ireland);

28.10.10. Police Ombudsman Northern Ireland;

28.10.11. Police Retraining and Rehabilitation Trust;

28.10.12. Police Service of Northern Ireland;

28.10.13. Probation Board for Northern Ireland;

28.10.14. Office of the Social Security Commissioners and Child Support
Commissioners (Northern Ireland);

28.10.15. State Pathologist’s Department;

28.11. Executive Office:

28.11.1. Maze Long Kesh Development Corporation;

29. Northern Ireland Office:

29.1. Office of the Chief Electoral Officer for Northern Ireland;

29.2. Public Prosecution Service for Northern Ireland.

30. Office for National Statistics:

30.1. National Health Service Central Register;

31. Parliamentary Works Sponsor Body;

32. Parliamentary and Health Service Ombudsman;

33. Postal business of the Post Office;

34. Privy Council Office;

35. Restoration and Renewal Delivery Authority Ltd;

36. HM Revenue and Customs;

37. Royal Hospital, Chelsea;

38. Royal Mint;

39. Rural Payments Agency;

40. Scotland, Auditor-General;

41. Scotland, Crown Office and Procurator Fiscal Service;

42. Scotland, National Records of Scotland;

43. Scotland, Queen’s and Lord Treasurer’s Remembrancer;

44. Scotland, Registers of Scotland;

45. The Scotland Office;

46. The Scottish Ministers:

46.1. Architecture and Design Scotland;

46.2. Crofting Commission;

46.3. Lands Tribunal for Scotland;

46.4. National Galleries of Scotland;

46.5. National Library of Scotland;

46.6. National Museums of Scotland;

46.7. Royal Botanic Garden, Edinburgh;

46.8. Scottish Courts and Tribunals Service;

46.9. Scottish Further and Higher Education Funding Council;

46.10. Scottish Law Commission;

46.11. Special Health Boards;

46.12. Health Boards;

46.13. The Office of the Accountant of Court;

46.14. High Court of Justiciary;

46.15. Court of Session;

46.16. HM Inspectorate of Constabulary;

46.17. Parole Board for Scotland;

46.18. Pensions Appeal Tribunals (Scotland);

46.19. Scottish Land Court;

46.20. Sheriff Courts;

46.21. Scottish Natural Heritage;

46.22. Scottish Police Authority;

46.23. First-tier Tribunal for Scotland;

46.24. Upper Tribunal for Scotland;

46.25. Historic Environment Scotland;

47. The Scottish Parliamentary Corporate Body;

48. HM Treasury:

48.1. United Kingdom Debt Management Office;

49. The Wales Office – Office of the Secretary of State for Wales;

50. The Welsh Ministers:

50.1. Agricultural Dwelling House Advisory Committees (Wales);

50.2. Agricultural Land Tribunal for Wales;

50.3. Higher Education Funding Council for Wales;

50.4. Local Democracy and Boundary Commission for Wales;

50.5. Rent Assessment Committee (Wales);

50.6. The Royal Commission on the Ancient and Historical Monuments of
Wales;

50.7. Valuation Tribunal for Wales;

50.8. Welsh National Health Service Trusts and Local Health Boards.

Notes to Section A:

1. The provisions of Article 16.19 (Domestic Review Procedures) do not
apply to suppliers and service providers of Australia in contesting the
award of contracts to a supplier or service provider, which are small or
medium sized enterprises as defined in Regulation 112(4) of the Public
Contracts Regulations 2015
, until such time as the United Kingdom
accepts that Australia no longer operates discriminatory measures in
favour of certain domestic small and minority businesses.

2. Procurement by any subordinated entity of any central government
contracting authority listed in Section A is covered provided it does
not have separate legal personality.

3. As far as procurement by entities in the field of defence and
security is concerned, only non-sensitive and non-warlike materials
contained in the list in Section D are covered.

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Section B – Sub-Central Government Entities

Thresholds:

Unless otherwise specified, Chapter 16 (Government Procurement) applies
to sub-central government entities listed in this Section where the
value of the procurement is estimated to equal or exceed the following
thresholds: To see also : Any relaunch of EU-Turkey relations must be based on a return to democratic values.

For procurement by regional and local contracting authorities:

Goods SDR 355,000  

Services SDR 355,000  

Construction Services SDR 5,000,000 

For procurement by bodies governed by public law:

Goods SDR 400,000  

Services SDR 400,000  

Construction Services SDR 5,000,000 

List of Entities:

1. All regional or local contracting authorities.

(a) All contracting authorities of the administrative units falling
under International Territorial Levels 1, 2 and 3. 

(b) For the purposes of this Section, “regional contracting
authorities” shall be understood as contracting authorities of the
administrative units falling under International Territorial Levels 1
and 2.

(c) For the purposes of this Section, “local contracting authorities”
shall be understood as contracting authorities of the administrative
units falling under International Territorial Level 3.

2. All contracting authorities which are bodies governed by public law,
for England, Wales and Northern Ireland, as defined by the Public
Contracts Regulations 2015
and, for Scotland, the Public Contracts
(Scotland) Regulations 2015

(a) “Bodies governed by public law” as defined by the Public
Contracts Regulations 2015
means any bodies that have all of the
following characteristics:

(i) they are established for the specific purpose of meeting needs in
the general interest, not having an industrial or commercial character;

(ii) they have legal personality; and

(iii) they have any of the following characteristics:

(A) they are financed, for the most part, by the State, regional or
local authorities, or by other bodies governed by public law;

(B) they are subject to management supervision by those authorities or
bodies; or

(C) they have an administrative, managerial or supervisory board; more
than half of whose members are appointed by the State, regional or local
authorities or by other bodies governed by public law.

(b) “Body governed by public law” as defined by the Public
Contracts (Scotland) Regulations 2015
means a body that has legal
personality, is established for the specific purpose of meeting needs in
the general interest, not having an industrial or commercial character
and which:

(i) is financed for the most part by the State, regional or local
authorities, or by any other body governed by public law;

(ii) is subject to management supervision by any such authority or
body; or

(iii) has an administrative, managerial or supervisory board more than
half the members of which were appointed by any body referred to in
subparagraph (i).

An indicative list of contracting authorities which are bodies governed
by public law follows.

Indicative list of contracting authorities which are bodies governed
by public law:

Bodies:

1. Health and Safety Executive;   This may interest you : New/Updated Benchmarks For June From GravityMark To L4D2 Vulkan, Updated Neural Networks.

2. Advisory, Conciliation and Arbitration Service; 

3. Homes England; 

4. NHS Blood and Transplant Service; 

5. Environment Agency; 

6. Scottish Enterprise; 

7. Ordnance Survey Limited; 

8. Financial Conduct Authority. 

Categories:

1. Maintained schools;

2. Universities and colleges financed for the most part by other
contracting authorities;

3. National Museums and Galleries;

4. Fire and Rescue Authorities; 

5. Clinical Commissioning Groups: 

6. Police Authorities;

7. Police and Crime Commissioners; 

8. New Town Development Corporations;

9. Urban Development Corporations;

10. Local authorities including unitary authorities, county councils,
district councils, metropolitan district councils, London boroughs and
the City of London;

11. National Park Authorities;

12. Registered providers of social housing. 

Notes to Section B:

1. Procurement by contracting authorities which are smaller
administrative units that are not contracting authorities of the
administrative units falling under International Territorial Level 3
shall not be considered as covered procurement.

2. The provisions of Article 16.19 (Domestic Review Procedures) do not
apply to suppliers and service providers of Australia in contesting the
award of contracts to a supplier or service provider, which are small or
medium sized enterprises as defined in Regulation 112(4) of the Public
Contracts Regulations 2015
, until such time as the United Kingdom
accepts that Australia no longer operates discriminatory measures in
favour of certain domestic small and minority businesses.

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Section C – Other Entities

Thresholds:

Unless otherwise specified, Chapter 16 (Government Procurement) applies
to other government entities listed in this Section where the value of
the procurement is estimated to equal or exceed the following
thresholds:

Goods SDR 400,000  

Services SDR 400,000  

Construction Services SDR 5,000,000 

List of Entities:

1. 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 Section A or Section B) or public undertakings[footnote 1] and which have
as one of their activities any of those referred to below or any
combination thereof:

(a) the provision or operation of networks[footnote 2] providing a service to
the public in the field of transport by urban railway, automated
systems, tramway, trolley bus, bus or cable;

(b) the provision or operation of networks providing a service to the
public in the field of transport by railways.[footnote 3]

Indicative lists of contracting authorities and public undertakings
fulfilling the criteria set out above follow.

Indicative Lists of Contracting Authorities and Public Undertakings
Fulfilling the Criteria Laid Down in Section C:

Contracting entities in the field of urban railway, tramway, trolleybus or bus services

1. London Bus Services Limited;

2. London Underground Limited;

3. Transport for London;

4. A subsidiary of Transport for London within the meaning of section
424(1) of the Greater London Authority Act 1999;

5. Strathclyde Partnership for Transport;

6. Transport for Greater Manchester;

7. Tyne and Wear Passenger Transport (trading as ‘Nexus’)

8. Brighton and Hove City Council;

9. South Yorkshire Passenger Transport Executive;

10. Blackpool Transport Services Limited;

11. Conwy County Borough Council;

12. A person who provides a London local service as defined in section
179(1) of the Greater London Authority Act 1999 (a bus service) in
pursuance of an agreement entered into by Transport for London under
section 156(2) of that Act or in pursuance of a transport subsidiary’s
agreement as defined in section 169 of that Act;

13. Northern Ireland Transport Holding Company;

14. A person who holds a bus operator’s licence under section 4(1) of
the Transport Act (Northern Ireland) 1967 which authorises him to
provide a regular service within the meaning of that licence.

Contracting entities in the field of rail services

1. Network Rail plc;

2. Northern Ireland Transport Holding Company;

3. Northern Ireland Railways Company Limited;

4. Providers of rail services which operate on the basis of special or
exclusive rights granted by the Department of Transport or any other
competent authority.

Notes to Section C:

1. Procurement for the pursuit of an activity listed above when exposed
to competitive forces in the market concerned are not covered by Chapter
16 (Government Procurement).

2. Chapter 16 (Government Procurement) does not cover procurement by
procuring entities included in this Section:

(a) for the purchase of water and for the supply of energy or of fuels
for the production of energy;

(b) for purposes other than the pursuit of their activities as listed
in this Section or for the pursuit of such activities outside of the
United Kingdom;

(c) for purposes of re-sale or hire to third parties, provided that
the procuring entity enjoys no special or exclusive right to sell or
hire the subject of such contracts and other entities are free to sell
or hire it under the same conditions as the procuring entity.

3. Chapter 16 (Government Procurement) does not cover procurement:

(a) by a procuring entity to an affiliated undertaking[footnote 4]; or

(b) by a joint venture, formed exclusively by a number of procuring
entities for the purpose of carrying out activities within the meaning
of subparagraphs 1(a) and 1(b) of this Section, to an undertaking which
is affiliated with one of these procuring entities,

for services or supplies contracts provided that at least 80 per cent of
the average turnover of the affiliated undertaking with respect to
services or supplies for the preceding three years derives respectively
from the provision of such services or supplies to undertakings with
which it is affiliated.[footnote 5]

4. Chapter 16 (Government Procurement) does not cover procurement:

(a) by a joint venture, formed exclusively by a number of procuring
entities for the purposes of carrying out activities within the meaning
of subparagraphs 1(a) and 1(b) of this Section, to one of these
procuring entities; or

(b) by a procuring entity to such a joint venture of which it forms
part, provided that the joint venture has been set up to carry out the
activity concerned over a period of at least three years and the
instrument setting up the joint venture stipulates that the procuring
entities, which form it, will be part thereof for at least the same
period.

5. The provisions of Article 16.19 (Domestic Review Procedures) do not
apply to suppliers and service providers of Australia in contesting the
award of contracts to a supplier or service provider, which are small or
medium sized enterprises as defined in Regulation 112(4) of the Public
Contracts Regulations 2015
, until such time as the United Kingdom
accepts that Australia no longer operates discriminatory measures in
favour of certain domestic small and minority businesses.

Section D – Goods

1. Chapter 16 (Government Procurement) covers the procurement of all
goods procured by the entities listed in Sections A through C, unless
otherwise specified.

2. Chapter 16 (Government Procurement) covers only the goods that are
described in the Chapters of the 2017 Harmonized Commodity Description
and Coding System (HS) specified below and that are procured by the
Ministry of Defence and Agencies for defence or security activities in
the United Kingdom:

HS Chapter Description
Chapter 25: Salt, sulphur, earths and stone, plastering materials, lime and cement
Chapter 26: Metallic ores, slag and ash
Chapter 27: Mineral fuels, mineral oils and products of their distillation, bituminous substances, mineral waxes
except:
ex 27.10: special engine fuels
Chapter 28: Inorganic chemicals, organic and inorganic compounds of precious metals, of rare-earth metals, of radio-active elements and isotopes
except
ex 28.09: explosives
ex 28.13: explosives
ex 28.14: tear gas
ex 28.28: explosives
ex 28.32: explosives
ex 28.39: explosives
ex 28.50: toxic products
ex 28.51: toxic products
ex 28.54: explosives
Chapter 29: Organic chemicals
ex 29.03: explosives
ex 29.04: explosives
ex 29.07: explosives
ex 29.08: explosives
ex 29.11: explosives
ex 29.12: explosives
ex 29.13: toxic products
ex 29.14: toxic products
ex 29.15: toxic products
ex 29.21: toxic products
ex 29.22: toxic products
ex 29.23: toxic products
ex 29.26: explosives
ex 29.27: toxic products
ex 29.29: explosives
Chapter 30: Pharmaceutical products
Chapter 31: Fertilisers
Chapter 32: Tanning and dyeing extracts, tannings and their derivatives, dyes, colours, paints and varnishes, putty, fillers and stoppings, inks
Chapter 33: Essential oils and resinoids, perfumery, cosmetic or toilet preparations
Chapter 34: Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing and scouring preparations, candles and similar articles, modelling pastes and “dental waxes”
Chapter 35: Albuminoidal substances, glues, enzymes
Chapter 37: Photographic and cinematographic goods
Chapter 38: Miscellaneous chemical products
except:
ex 38.19: toxic products
Chapter 39: Artificial resins and plastic materials, cellulose esters and ethers, articles thereof
except
ex 39.03: explosives
Chapter 40: Rubber, synthetic rubber, factice, and articles thereof
except:
ex 40.11: bullet-proof tyres
Chapter 41: Raw hides and skins (other than fur skins) and leather
Chapter 42: Articles of leather, saddlery and harness, travel goods, handbags and similar containers, articles of animal gut (other than silkworm gut)
Chapter 43: Furskins and artificial fur, manufactures thereof
Chapter 44: Wood and articles of wood, wood charcoal
Chapter 45: Cork and articles of cork
Chapter 46: Manufactures of straw of esparto and of other plaiting materials, basket ware and wickerwork
Chapter 47: Paper-making material
Chapter 48: Paper and paperboard, articles of paper pulp, of paper or of paperboard
Chapter 49: Printed books, newspapers, pictures and other products of the printing industry, manuscripts, typescripts and plans
Chapter 65: Headgear and parts thereof
Chapter 66: Umbrellas, sunshades, walking-sticks, whips, riding-crops and parts thereof
Chapter 67: Prepared feathers and down and articles made of feathers or of down, artificial flowers, articles of human hair
Chapter 68: Articles of stone, of plaster, of cement, of asbestos, of mica and of similar materials
Chapter 69: Ceramic products
Chapter 70: Glass and glassware
Chapter 71: Pearls, precious and semi-precious stones, precious metals, rolled precious metals, and articles thereof; imitation jewellery
Chapter 73: Iron and steel and articles thereof
Chapter 74: Copper and articles thereof
Chapter 75: Nickel and articles thereof
Chapter 76: Aluminium and articles thereof
Chapter 77: Magnesium and beryllium and articles thereof
Chapter 78: Lead and articles thereof
Chapter 79: Zinc and articles thereof
Chapter 80: Tin and articles thereof
Chapter 81: Other base metals employed in metallurgy and articles thereof
Chapter 82: Tools, implements, cutlery, spoons and forks, of base metal, parts thereof
except
ex 82.05: tools
ex 82.07: tools, parts
Chapter 83: Miscellaneous articles of base metal
Chapter 84: Boilers, machinery and mechanical appliances, parts thereof
except
ex 84.06: engines
ex 84.08: other engines
ex 84.45: machinery
ex 84.53: automatic data-processing machines
ex 84.55: parts of machines under heading No 84.53
ex 84.59: nuclear reactors
Chapter 85: Electrical machinery and equipment, parts thereof
except
ex 85.13: telecommunication equipment
ex 85.15: transmission apparatus
Chapter 86: Railway and tramway locomotives, rolling-stock and parts thereof; railway and tramway tracks fixtures and fittings, traffic signalling equipment of all kinds (not electrically powered)
except
ex 86.02: armoured locomotives, electric
ex 86.03: other armoured locomotives
ex 86.05: armoured wagons
ex 86.06: repair wagons
ex 86.07: wagons
Chapter 87: Vehicles, other than railway or tramway rolling-stock, and parts thereof
except:
ex 87.08: tanks and other armoured vehicles
ex 87.01: tractors
ex 87.02: military vehicles
ex 87.03: breakdown lorries
ex 87.09: motorcycles
ex 87.14: trailers
Chapter 89: Ships, boats and floating structures
except:
ex 89.01 A: warships
Chapter 90: Optical, photographic, cinematographic, measuring, checking, precision, medical and surgical instruments and apparatus, parts and accessories thereof
except:
ex 90.05: binoculars
ex 90.13: miscellaneous instruments, lasers
ex 90.14: telemeters
ex 90.28: electrical and electronic measuring instruments
ex 90.11: microscopes
ex 90.17: medical instruments
ex 90.18: mechano-therapy appliances
ex 90.19: orthopaedic appliances
ex 90.20: X-ray apparatus
Chapter 91: Manufacture of watches and clocks
Chapter 92: Musical instruments, sound recorders or reproducers, television image and sound recorders or reproducers, parts and accessories of such articles
Chapter 94: Furniture and parts thereof, bedding, mattresses, mattress supports, cushions and similar stuffed furnishings
ex 94.01 A: aircraft seats
Chapter 95: Articles and manufactures of carving or moulding material
Chapter 96: Brooms, brushes, powder-puffs and sieves
Chapter 98: Miscellaneous manufactured articles

Section E – Services

Chapter 16 (Government Procurement) covers the following services, which are identified in accordance with the United Nations Provisional Central Product Classification (CPC Prov.) as contained in document MTN.GNS/W/120[footnote 6]:

Description CPC Prov.
1. Sale, maintenance and repair services of motor vehicles and motorcycles 61
2. Repair services for personal and household goods 633
3. Hotel and restaurant services (see note 1) 64
4. Other land transport services 712
5. Transport services via pipeline 713
6. Air transport services of passengers and freight 73
7. Postal services (see note 1) 7511
8. Courier services 7512
9. Telecommunications and related services 752, 754
10. Financial services ex 81
a. Insurance services 812, 814
b. Banking and investment services[footnote 7]  
11. Real estate services on a fee or contract basis 8220
12. Computer and related services 84
13. Legal services (see notes 1 and 2) 861
14. Accounting, auditing and bookkeeping services 862
15. Taxation services 863
16. Market research and public opinion polling services 864
17. Management consulting services and related services 865, 866[footnote 8]
18. Architectural services; engineering services and other technical services 867
19. Advertising services 871
20. Investigation and security services (see note 1) 873
21. Building-cleaning services 874
22. Photographic services 875
23. Packaging services 876
24. Other business services 879
25. Services incidental to mining 883
26. Services incidental to manufacturing, except the manufacture of metal products, machinery and equipment 884
27. Services incidental to the manufacture of metal products, machinery and equipment 885
28. Repair services incidental to metal products, machinery and equipment 886
29. Services incidental to energy distribution 887
30. Administrative services of the government (see note 1) 91136, 9127
31. Education services (see note 1) 92
32. Sewage and refuse disposal; sanitation and similar services 94
33. Recreational, cultural and sporting services (see note 1) 96 (except 9611 and 9613)

Notes to Section E:

1. Hotel and restaurant services (CPC Prov. 64), postal services (CPC
Prov. 7511), legal services (CPC Prov. 861), investigation and security
services (CPC Prov. 873, except 87304), administrative services of the
government (CPC Prov. 91136 and 9127), education services (CPC Prov.
92), and recreational, cultural and sporting services (CPC Prov. 96311
to 96332, and 96411 to 96419) contracts are included under the national
treatment regime for suppliers and services providers of Australia,
provided their value equals or exceeds GBP 663,540 when they are awarded
by procuring entities covered under Sections A and B and their value
equals or exceeds GBP 884,720 when they are awarded by procuring
entities covered under Section C.[footnote 9]

2. The following legal services (CPC Prov. 861) are not covered:

(a) legal representation of a client by a lawyer in:

(i) an arbitration or conciliation held in the United Kingdom, another
country or before an international arbitration or conciliation instance,
or

(ii) judicial proceedings before the courts, tribunals or public
authorities of the United Kingdom, another country or before
international courts, tribunals or institutions;

(b) legal advice given:

(i) in preparation of any of the proceedings referred to in
subparagraph (a), or

(ii) where there is a tangible indication and high probability that
the matter to which the advice relates will become the subject of such
proceedings,

provided that the advice is given by a lawyer;

(c) document certification and authentication services which must be
provided by notaries;

(d) legal services provided by trustees or appointed guardians or
other legal services the providers of which are designated by a court or
tribunal in the United Kingdom or are designated by law to carry out
specific tasks under the supervision of such tribunals or courts;

(e) other legal services which in the United Kingdom are connected,
even occasionally, with the exercise of official authority.

3. For greater certainty, Section E does not cover procurement of the
following services:

(a) Human health services (CPC Prov. 931);

(b) Administrative healthcare services (CPC Prov. 91122); and

(c) Supply services of nursing personnel and supply services of
medical personnel (CPC Prov. 87206 and 87209).

Section F – Construction Services and Public Works Concessions Contracts

Construction Services

1. All services listed in Division 51 (CPC Prov.), as contained in
document MTN/GNS/W/120.

Public Works Concession Contracts

2. Public works concessions contracts[footnote 10] are only covered provided
their value equals or exceeds 5,000,000 SDR and when awarded by Section
A and B entities and are only included under the national treatment
regime.

Section G – General Notes

1. Chapter 16 (Government Procurement) does not cover:

(a) procurement of agricultural products made in furtherance of
agricultural support programmes and human feeding programmes (e.g. food
aid including urgent relief aid); and

(b) procurement for the acquisition, development, production or
co-production of programme material by broadcasters and contracts for
broadcasting time.

2. Procurement by procuring entities covered under Sections A and B in
connection with activities in the fields of drinking water, energy,
transport and the postal sector are not covered by Chapter 16
(Government Procurement), unless covered under Section C.

3. Concessions contracts are covered procurement only as specified in
paragraph 2 of Section F (Construction Services and Public Works
Concessions Contracts).

Section H – Threshold Adjustment Formula

1. The thresholds shall be adjusted in every even-numbered year with
each adjustment taking effect on 1 January, beginning on 1 January of
the first even numbered year after the date of entry into force of this
Agreement for the United Kingdom.

2. Every two years, the United Kingdom shall calculate and publish the
value of the thresholds under Chapter 16 (Government Procurement)
expressed in British pound sterling (GBP). These calculations shall be
based on the conversion rates published by the International Monetary
Fund in its monthly International Financial Statistics.

3. The conversion rates shall be the average of the daily values of the
British pound sterling in terms of the Special Drawing Rights (SDR) over
the two-year period terminating on the last day of August preceding the
year before the adjusted thresholds are to take effect.

4. The United Kingdom shall notify Australia of the current thresholds
in its currency immediately after this Agreement enters into force, and
the adjusted thresholds in its currency thereafter in a timely manner.

5. The United Kingdom shall consult if a major change in its national
currency relative to the SDR or to the national currency of the United
Kingdom were to create a significant problem with regard to the
application of Chapter 16 (Government Procurement).

6. The United Kingdom may adjust the thresholds contained in Note 1 of
Section E (Services) of this Annex to account for changes to these
values in its domestic law as a result of inflation. The United Kingdom
shall notify Australia of these thresholds in accordance with paragraph
4.

Section I – Procurement Information

Electronic or paper media utilised for the publication of laws,
regulations, judicial decisions, administrative rulings of general
application, standard contract clauses, and procedures regarding
government procurement covered by this Agreement pursuant to Article
16.5 (Information on the Procurement System):

1. Legislation –
www.legislation.gov.uk

2. Jurisprudence – law reports, including those published on
www.judiciary.gov.uk (for England, Wales
and Northern Ireland) and
www.scotscourts.gov.uk (for Scotland).

Electronic media utilised for the publication of notices required by
Article 16.6 (Notices), paragraph 8 of Article 16.8 (Qualification of
Suppliers) and paragraph 2 of Article 16.15 (Transparency of Procurement
Information), pursuant to Article 16.5 (Information on the Procurement
System):

1. The UK Find a Tender service, being a single web-based portal which
is provided by or on behalf of the Cabinet Office at
www.find-tender.service.gov.uk

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