The Concession Contracts (Scotland) Regulations 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

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).

These Regulations impose obligations and specify procedures in respect of the award of a concession contract by contracting entities, which term normally includes contracting authorities and utilities. In particular—

• Part 1 sets out the meaning of certain concession contracts.

• Part 2 sets out the scope of the Regulations (including reference to activities and to thresholds based on the estimated value of the procurement), specifies exclusions for certain concession contracts and lays down some general principles applicable to a procurement within the scope of the Regulations.

• Part 3 sets out rules to be followed in relation to the procurement procedure and for the making an award of a concession contract.

• Part 4 makes provision for rules of the performance of a concession contract including sub-contracting, modification and termination of a concession contract.

Part 5 contains provisions about remedies (and their facilitation) in relation to a procurement within the scope of Parts 1 to 4. In doing so these provisions implement, for Scotland, Council Directive 89/665/EEC on the coordination of the laws, regulations and administrative provisions relation to the application of review procedures to the award of concession contracts (OJ L 395, 30.12.1989) as amended(1) and Council Directive 92/13/EEC on the coordination of the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ L 76, 23.3.1992) as amended(2).

Part 6 imposes certain requirements for monitoring, reporting on and reviewing the Regulations.

Part 7 makes transitional and transitory provision and savings, including provision for certain procurements commenced before the commencement of these Regulations, not to be affected by these Regulations.

A full regulatory assessment of the effect that these Regulations will have on the costs of business was prepared and copies may be obtained from the Scottish Procurement Directorate website at www.scotland.gov.uk/topics/spd.

(1)

By Council Directive 92/50/EEC relating to the coordination of procedures for the award of public services contracts (OJ L 209,24.7.1992, p.1); by Directive 2007/66/EEC of the European Parliament and Council amending Council Directives 89/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts (OJ L 335, 20.12.2007, p.31) and by Directive 2014/23/EU of the European Parliament and of the Council on the award of concession contracts (OJ 94, 28.3.2014, p.1) .

(2)

By Council Directive by Directive 2007/66/EEC of the European Parliament and Council amending Council Directive 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts (OJ L 335, 20.12.2007, p.31) and by Directive 2014/23/EU of the European Parliament and of the Council on the award of concession contracts (OJ 94, 28.3.2014, p.1)