The Concession Contracts (Scotland) Regulations 2016

Reserved Concession Contracts

This section has no associated Policy Notes

26.—(1) A contracting entity may—

(a)reserve the right to participate in a procurement for the award of a concession contract to supported business; or

(b)provide for such concession contracts to be performed in the context of a supported employment programme.

(2) In this regulation—

(a)“supported business” means an economic operator whose main aim is the social and professional integration of disabled and disadvantaged persons and where at least 30% of the employees of the economic operator are disabled or disadvantaged persons; and

(b)“supported employment programme” means an employment programme operated by an economic operator the main aim of which is the social and professional integration of disabled or disadvantaged persons and where at least 30% of those engaged in the programme are disabled or disadvantaged persons.

(3) If a contracting entity follows the approach set out in paragraph (1) it must specify that fact in the concession notice or, in the case of a concession contract for social and other specific services listed in Schedule 3, the prior information notice and refer to Article 24 of the Concession Contracts Directive.