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The Concession Contracts (Scotland) Regulations 2016

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General interest grounds for not making a declaration of ineffectiveness

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57.—(1) The court may decline to make an ineffectiveness order if the court is satisfied that overriding reasons relating to a general interest require that the enforceability of the rights and obligations arising from the concession contract should be maintained.

(2) For the purposes of paragraph (1)—

(a)economic interests directly linked to the concession contract do not constitute overriding reasons relating to a general interest; and

(b)economic interests in the effectiveness of the concession contract may only be considered as overriding reasons relating to a general interest in exceptional circumstances where ineffectiveness would lead to disproportionate consequences.

(3) For the purposes of paragraph (2)(a), economic interests directly linked to the concession contract include the costs—

(a)resulting from the delay in the performance of the concession contract;

(b)resulting from the commencement of a new procurement;

(c)resulting from the change of the economic operator performing the concession contract; and

(d)of legal obligations resulting from an ineffectiveness order.

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