http://www.legislation.gov.uk/ssi/2016/65/part/7The Concession Contracts (Scotland) Regulations 2016enPUBLIC PROCUREMENTStatute Law Database2026-04-21Expert Participation2026-03-24 These Regulations implement, for Scotland, Directive 2014/23/EU of the European Parliament and Council of 26th February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p.1). PART 7TRANSITIONAL, SAVINGS AND TRANSITORY PROVISIONS Interpretation of Part 7 62 In this Part, “the 2012 Regulations” means the Public Contracts (Scotland) Regulations 2012. Transitional provision and saving where procurement was commenced before 18th April 2016631Nothing in these Regulations, except regulation 46 (modification of contracts during contract term) and 47(1)(a), (2) and (3) (termination of concession contract) affects a procurement for the award of a contract commenced before 18th April 2016.2Procurement for the award of a concession contract (except a services concession contract) commenced before 18th April 2016 will continue to be subject to the application of the 2012 Regulations as if those Regulations had not been revoked.3For the purposes of paragraph (1), a concession contract award procedure has been commenced before 18th April 2016 if, before that date—aa contract notice has been sent to the Official Journal in accordance with the 2012 Regulations in order to invite offers or requests to be selected to tender for or to negotiate in respect of a proposed concession contract;bthe contracting entity has published any form of advertisement seeking offers or expressions of interest in a proposed concession contract; orcthe contracting entity has contacted any economic operator in order to—iseek expressions of interest or offers in respect of a proposed concession contract; oriirespond to an unsolicited expression of interest or offer received from that economic operator in relation to a proposed concession contract. Transitory provision prior to full commencement of regulation 32(1) to (7)641During the period beginning on 18th April 2016 and ending immediately before 18th April 2017, a central purchasing body may choose between the following means of communication for the purposes mentioned in paragraph (3)—aelectronic means in accordance with regulation 32 (rules applicable to communication);bpost or other suitable carrier;cfax;da combination of those means.2During the period beginning on 18th April 2016 and ending immediately before 18th October 2018, a contracting entity may choose between the following means of communication for the purposes mentioned in paragraph (3)—aelectronic means in accordance with regulation 32 (rules applicable to communication);bpost or other suitable carrier;cfax;da combination of those means.3The choices referred to in paragraphs (1) and (2) are available for all communication and information exchange in respect of which both the following criteria are met—athe use of electronic means would, in accordance with regulation 32(1) to (7), have been required if those provisions had been in force;bthe use of electronic means is not required by any provision of these Regulations other than regulation 32(1). S.S.I. 2012/88, revoked by the Public Contracts (Scotland) Regulations 2015. Reg. 64 in force at 18.4.2016, see reg. 1(2)Words in reg. 63(1) substituted (18.4.2016) by The Concession Contracts (Scotland) Amendment Regulations 2016 (S.S.I. 2016/125), regs. 1, 2(5)(a)Reg. 63 in force at 18.4.2016, see reg. 1(2)Word in reg. 64(2) substituted (18.4.2016) by The Concession Contracts (Scotland) Amendment Regulations 2016 (S.S.I. 2016/125), regs. 1, 2(6)Word in reg. 63(2) substituted (18.4.2016) by The Concession Contracts (Scotland) Amendment Regulations 2016 (S.S.I. 2016/125), regs. 1, 2(5)(b)Reg. 62 in force at 18.4.2016, see reg. 1(2)