Regulation (EU) No 1303/2013 of the European Parliament and of the Councilof 17 December 2013laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (c. 1303)

PART TWO U.K. [F1 COMMON PROVISIONS APPLICABLE TO SUPPORT FOR RURAL DEVELOPMENT]

TITLE VII U.K. FINANCIAL SUPPORT FROM THE ESI FUNDS

CHAPTER II W [F2 Special rules on support from the ESI Funds to PPPs][F2 Special rules on support to PPPs]

Article 63 U.K. Beneficiary under PPP operations

1. In relation to a PPP operation, and by way of derogation from point (10) of Article 2, a beneficiary may be either:

(a) the public law body initiating the operation; or

(b) a body governed by private law of [F3 a relevant authority] (the "private partner") selected or to be selected for the implementation of the operation.

2. The public law body initiating the PPP operation may propose that the private partner, to be selected after approval of the operation, be the beneficiary for the purposes of support from [F4 support for rural development]. In that event, the approval decision shall be conditional on the managing authority satisfying itself that the selected private partner fulfils and assumes all the corresponding obligations of a beneficiary under this Regulation.

3. The private partner selected to implement the operation may be replaced as beneficiary during implementation where this is required under the terms and conditions of the PPP or the financing agreement between the private partner and the financial institution co-financing the operation. In that event the replacement private partner or public law body shall become the beneficiary provided that the managing authority satisfies itself that the replacement partner fulfils and assumes all the corresponding obligations of a beneficiary under this Regulation.

4. The [F5 appropriate authority may make regulations] laying down additional rules on the replacement of a beneficiary and on the related responsibilities.

5. The replacement of a beneficiary shall not be considered a change in ownership within the meaning of point (b) of Article 71(1) if that replacement satisfies the applicable conditions set out in paragraph 3 of this Article and in [F6 regulations made] pursuant to paragraph 4 of this Article.

Textual Amendments

F3 Words in Art. 63(1)(b) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 63(2) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(4)(b) (as amended by S.I. 2020/1542, regs. 1(2), 13(9)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 63(4) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 82(a); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 63(5) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 82(b); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F2 Pt. 2 Title 7 Ch. 2 heading substituted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(22)

Textual Amendments

F1 Pt. 2 heading substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 5(1) (as amended by S.I. 2020/1542, regs. 1(2), 13(3)(a)); 2020 c. 1, Sch. 5 para. 1(1)