The Concession Contracts (Scotland) Regulations 2016

1. Introductory Text

2. PART 1

   1. 1. Citation, commencement and extent

   2. 2. Interpretation

   3. 3. Meaning of “concession contract”

   4. 4. Meaning of “contracting authority”

   5. 5. Meaning of “utility”

   6. 6. Meaning of “concession notice”

3. PART 2 SCOPE AND PRINCIPLES

   1. CHAPTER 1 CONCESSION CONTRACTS TO WHICH THESE REGULATIONS APPLY

      1. 7. Subject matter and application of these Regulations

      2. 8. Thresholds and methods for calculating the estimated value of the concession contract

      3. 8A. Review and amendment of the threshold in regulation 8(1)

   2. CHAPTER 2 EXCLUSIONS

      1. 9. Exclusions: Concession contracts awarded on the basis of an exclusive right

      2. 10. Exclusions: Concession contracts awarded pursuant to international rules

      3. 11. Exclusions: Concession contracts involving defence or security aspects which are awarded or organised pursuant to international rules

      4. 12. Exclusions: Specific service contracts

      5. 13. Exclusions: Electronic Communications

      6. 14. Exclusions: Water

      7. 15. Exclusions: Concession contracts awarded to an affiliated undertaking

      8. 16. Exclusions: Concession contracts awarded to a joint venture or to a utility forming part of a joint venture

      9. 17. Notification of information by utilities

      10. 18. Exclusion of activities which are directly exposed to competition

      11. 19. Exclusions: Concession contracts between entities within the public sector

   3. CHAPTER 3 GENERAL PROVISIONS

      1. 20. Duration of the concession contract

      2. 21. Social and other specific services

      3. 22. Mixed Procurement

      4. 23. Mixed procurement involving defence or security aspects

      5. 24. Contracts covering both activities listed in Schedule 2 and other activities

      6. 25. Contracts covering both activities listed in Schedule 2 and activities involving defence or security aspects

   4. CHAPTER 4 SPECIFIC SITUATIONS

      1. 26. Reserved Concession Contracts

      2. 27. Specific situations: Research and development services

   5. CHAPTER 5 PRINCIPLES

      1. 28. Principles of equal treatment, non-discrimination and transparency

      2. 29. Economic Operators

      3. 30. Nomenclatures

      4. 31. Confidentiality

      5. 32. Rules applicable to communication

4. PART 3

   1. CHAPTER 6

      1. 33. Concession notice

      2. 34. Concession contract award notice

      3. 35. Form and manner of publication of notices

      4. 36. Electronic availability of concession documents

      5. 37. Conflict of Interest

   2. CHAPTER 7

      1. 38. Technical and functional requirements

      2. 39. Procedural guarantees

      3. 40. Exclusion grounds

      4. 41. Selection of and qualitative assessment of candidates

      5. 42. Time limits for receipt of applications and tenders for the concession contract

      6. 43. Informing candidates and tenderers

      7. 44. Concession contract award criteria

5. PART 4 RULES ON THE PERFORMANCE OF CONCESSION CONTRACTS

   1. 44A. Electronic invoicing

   2. 45. Subcontracting

   3. 46. Modification of concession contract during contract term

   4. 47. Termination of concession contract

6. PART 5

   1. CHAPTER 8

      1. 48. Scope of Chapter 8

      2. 49. Notice of a decision to award a concession contract

      3. 50. Standstill period

   2. CHAPTER 9 APPLICATIONS TO THE COURT

      1. 51. Duty owed to economic operators , including those from countries with whom the EU has a relevant international agreement other than the GPA

      2. 51A. Duty owed to economic operators from GPA parties

      3. 51B. Duty owed to economic operators from countries with whom the United Kingdom has an international agreement, other than the GPA

      4. 52. Enforcement of duties through the Courts

      5. 53. Automatic suspension of authority power to proceed with concession contract award

      6. 54. Powers and duties of the court

      7. 55. Ineffectiveness orders

      8. 56. Powers of the court

      9. 57. General interest grounds for not making a declaration of ineffectiveness

      10. 58. Other orders

      11. 59. Financial penalties

7. PART 6 REPORTS

   1. 60ZA. General provisions about regulations under these Regulations

   2. 60. Reporting requirements

   3. 61. Review of these Regulations

8. PART 7

   1. 62. Interpretation of Part 7

   2. 63. Transitional provision and saving where procurement was commenced before 18th April 2016

   3. 64. Transitory provision prior to full commencement of regulation 32(1) to (7)

9. Signature

10. 1. SCHEDULE 1

       ACTIVITIES CONSTITUTING WORKS

    2. SCHEDULE 1A

       PARTIES TO THE GPA

    3. SCHEDULE 2

       ACTIVITIES EXERCISED BY UTILITIES

       1. 1. Gas and heat

       2. 2. Electricity

       3. 3. Transport services

       4. 4. Ports and airports

       5. 5. Postal services activities

       6. 6. Oil and gas

    4. SCHEDULE 3

       SOCIAL AND OTHER SPECIFIC SERVICES

    5. SCHEDULE 4

       LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN REGULATION 40(9)

    6. SCHEDULE 5

       INTERNATIONAL TRADE AGREEMENTS

11. Explanatory Note