The Cleaner Road Transport Vehicles Regulations 2011

Enforcement of dutiesE+W+N.I.

This section has no associated Explanatory Memorandum

6.—(1) The obligation of a contracting authority, utility or operator to comply with these Regulations is a duty owed to an economic operator.

(2) Subject to paragraph (4), [F1Part 3 of the Public Contracts Regulations 2015] has effect as if any reference in that Part to—

(a)the duty owed in accordance with [F2regulation 89] of those Regulations included reference to the duty owed in accordance with paragraph (1);

(b)a contracting authority included reference to an operator;

(c)an economic operator included any person who is an economic operator for the purposes of these Regulations.

(3) Part 9 of the Utilities Contracts Regulations 2006 has effect as if any reference in that Part to the duty owed in accordance with regulation 45A of those Regulations included reference to the duty owed in accordance with paragraph (1).

(4) Where [F3Part 3 of the Public Contracts Regulations 2015] has effect in relation to an operator by virtue of paragraph (2)(b)—

(a)the operator does not owe any duty under that Part to a person who is not [F4a national of or established in an EEA state];

(b)in proceedings against an operator under that Part the Court may not make a declaration of ineffectiveness, an order imposing a civil financial penalty or an order shortening the duration of a contract;

(c)the operator is not required to refrain from entering into any contract by reason of any proceedings having been started under that Part.

Textual Amendments