Search Legislation

Advanced Search

The Concession Contracts Regulations 2016

Status:

This is the original version (as it was originally made).

  1. Introductory Text

  2. PART 1 General

    1. 1.Citation, commencement and extent

    2. 2.Interpretation

    3. 3.Meaning of “concession contract”

    4. 4.Meaning of “contracting authorities”

    5. 5.Meaning of “utilities”

    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 scope of these Regulations

      2. 8.Principle of equal treatment, non-discrimination and transparency

      3. 9.Threshold amounts and methods for calculating the estimated value of concession contracts

    2. CHAPTER 2 Exclusions

      1. 10.General exclusions

      2. 11.Specific exclusions in the field of electronic communications

      3. 12.Specific exclusions in the field of water

      4. 13.Concession contracts awarded to an affiliated undertaking

      5. 14.Concession contracts awarded to a joint venture or to a utility forming part of a joint venture

      6. 15.Notification of information by utilities

      7. 16.Exclusion of activities which are directly exposed to competition

      8. 17.Concession contracts between entities within the public sector

    3. CHAPTER 3 General Provisions

      1. 18.Duration of the concession contract

      2. 19.Social and other specific services

      3. 20.Mixed contracts

      4. 21.Mixed procurement contracts involving defence or security aspects

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

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

    4. CHAPTER 4 Specific Situations

      1. 24.Reserved concession contracts

      2. 25.Research and development services

    5. CHAPTER 5 Principles

      1. 26.Economic operators

      2. 27.Nomenclatures

      3. 28.Confidentiality

      4. 29.Rules applicable to communication

  4. PART 3 Rules on the award of concession contracts

    1. CHAPTER 1 General principles

      1. 30.Design of the award procedure

      2. 31.Concession notices

      3. 32.Concession award notices

      4. 33.Form and manner of publication of notices

      5. 34.Electronic availability of concession documents

      6. 35.Combating corruption and preventing conflicts of interest

    2. CHAPTER 2 Procedural guarantees

      1. 36.Technical and functional requirements

      2. 37.Procedural guarantees

      3. 38.Selection of and qualitative assessment of candidates

      4. 39.Time limits for receipt of applications and tenders for the concession contract

      5. 40.Informing candidates and tenderers

      6. 41.Award criteria

  5. PART 4 Rules on the performance of concession contracts

    1. 42.Subcontracting

    2. 43.Modification of concession contracts during their term

    3. 44.Termination of concession contracts

    4. 45.Reporting requirements

  6. PART 5 Remedies

    1. CHAPTER 1 Facilitation of remedies

      1. 46.Scope of Chapter 1

      2. 47.Notices of decisions to award a concession contract

      3. 48.Standstill period

    2. CHAPTER 2 Applications to the court

      1. 49.Interpretation of Chapter 2

      2. 50.Duty owed to economic operators from EEA states

      3. 51.Duty owed to economic operators from certain other states

      4. 52.Enforcement of duties through the Court

      5. 53.General time limits for starting proceedings

      6. 54.Special time limits for seeking a declaration of ineffectiveness

      7. 55.Starting proceedings

      8. 56.Concession contract-making suspended by challenge to award decision

      9. 57.Interim orders

      10. 58.Remedies where the concession contract has not been entered into

      11. 59.Remedies where the concession contract has been entered into

      12. 60.Grounds for ineffectiveness

      13. 61.General interest grounds for not making a declaration of ineffectiveness

      14. 62.The consequences of ineffectiveness

      15. 63.Penalties in addition to, or instead of, ineffectiveness

      16. 64.Injunctions against the Crown

  7. PART 6 Miscellaneous

    1. 65.Review of these Regulations

    2. 66.General transitional provision

  8. Signature

    1. SCHEDULE 1

      ACTIVITIES CONSTITUTING WORKS

    2. 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

      6. 6.Extraction of oil and gas and exploration for, or extraction of, coal or other solid fuels

    3. SCHEDULE 3

      SOCIAL AND OTHER SPECIFIC SERVICES

  10. Explanatory Note

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources

The data on this page is available in the alternative data formats listed: