The Concession Contracts (scotland) Regulations 2016
| Jurisdiction | Scotland |
| Citation | SSI 2016/65 |
| Year | 2016 |
(1) These Regulations may be cited as the Concession Contracts (Scotland) Regulations 2016.(2) Subject to paragraph (3) , these Regulations come into force on 18th April 2016.18th April 2017 in relation to procurement by a central purchasing body; and18th October 2018 in relation to procurement by any other contracting entity.(4) These Regulations extend to Scotland only.(1) In these Regulations—
- “body governed by public law” 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—
- (a) is financed for the most part by the State, regional or local authorities, or by any other body governed by public law;
- (b) is subject to management supervision by any such authority or body; or
- (c) has an administrative, managerial or supervisory board more than half the members of which were appointed by any body referred to in sub-paragraph (a) ;
- “candidate” means an economic operator that has sought an invitation or has been invited to take part in a procurement for the award of a concession contract;
- “central purchasing body” means a contracting entity providing purchasing activity conducted on a permanent basis in one of the following forms—
- (a) the acquisition of supplies or services for contracting entities;
- (b) the award of a concession contract for works, supplies or services intended for contracting entities;
- “commenced” in relation to procurement means—
- (a) if a concession notice has been sent to the Official Journal in accordance with regulation 33 (concession notice) ;
- (b) if a prior information notice has been published in accordance with regulation 33; or
-
(c) in any case where there is no such advertising, if the contracting entity has contacted any economic operator—
- (i) in order to seek expressions of interest or offers in respect of a proposed concession contract; or
- (ii) in response to an unsolicited expression of interest or offer in respect of a proposed concession contract;
... - “concessionaire” means an economic operator that has been awarded a concession contract;
- “concession contract award notice” means the notice referred to in regulation 34 (concession contract award notice) ;
- “concession contract” has the meaning given by regulation 3 (meaning of “concession contract”) ;
- “Concession Contracts Directive” means Directive 2014/23/EU of the European Parliament and of the Council on the award of concession contracts;
- “concession document” means any document produced or referred to by the contracting entity to describe or determine elements of the concession contract or the procurement procedure, including the concession notice, the technical and functional requirements, proposed conditions of the concession contract, formats for the presentation of documents by candidates and tenderers, information on generally applicable obligations and any additional documents;
- “concession notice” has the meaning given by regulation 6 (meaning of “concession notice”) ;
- “F1contracting entity” (except in regulation 19 (Exclusions: concession contacts between entities within the public sector) ) means a contracting authority or utility;
-
F63“covered by regulation 7(2) ”, in relation to an activity, an element, a part of a concession contract or a procurement, means that regulation 7(2) —
- (a) applies to that activity, element, part or procurement, or
- (b) would do so if these Regulations applied;
- “CPV” means the Common Procurement Vocabulary as adopted by Regulation (EC) No 2195/2002 of the European Parliament and of the Council on the Common Procurement Vocabulary and “CPV Code” shall be construed accordingly;
- “Defence and Security Regulations” means the Defence and Security Public Contracts Regulations 2011;
- “disabled”, in relation to a person, means a disabled person within the meaning of the Equality Act 2010 and, in relation to a worker, means a disabled person who is a worker;
- “economic operator” means any person or public entity or group of such persons or both including any temporary association of undertakings, which offers the execution of works or a work, the supply of products or...
To continue reading
Request your trial