The Concession Contracts (Scotland) Regulations 2016 No. 65

PART 7 S TRANSITIONAL, SAVINGS AND TRANSITORY PROVISIONS

Interpretation of Part 7 S

62.  In this Part, “the 2012 Regulations” means the Public Contracts (Scotland) Regulations 2012(1).

Commencement Information

I1 Reg. 62 in force at 18.4.2016, see reg. 1(2)

Transitional provision and saving where procurement was commenced before 18th April 2016 S

63.—(1) Nothing in these Regulations, except regulation 46 (modification of contracts during contract term) and [F1 47(1)(a), (2) and (3)] (termination of concession contract) affects a procurement for the award of a contract commenced before 18th April 2016.

(2) Procurement for the award of a concession contract (except a [F2 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18th April 2016 will continue to be subject to the application of the 2012 Regulations as if those Regulations had not been revoked.

(3) For the purposes of paragraph (1), a concession contract award procedure has been commenced before 18th April 2016 if, before that date—

(a) a 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;

(b) the contracting entity has published any form of advertisement seeking offers or expressions of interest in a proposed concession contract; or

(c) the contracting entity has contacted any economic operator in order to—

(i) seek expressions of interest or offers in respect of a proposed concession contract; or

(ii) respond to an unsolicited expression of interest or offer received from that economic operator in relation to a proposed concession contract.

Textual Amendments

F1 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)

F2 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)

Commencement Information

I2 Reg. 63 in force at 18.4.2016, see reg. 1(2)

Transitory provision prior to full commencement of regulation 32(1) to (7) S

64.—(1) During 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)—

(a) electronic means in accordance with regulation 32 (rules applicable to communication);

(b) post or other suitable carrier;

(c) fax;

(d) a combination of those means.

(2) During the period beginning on 18th April [F3 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)—

(a) electronic means in accordance with regulation 32 (rules applicable to communication);

(b) post or other suitable carrier;

(c) fax;

(d) a combination of those means.

(3) The 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—

(a) the use of electronic means would, in accordance with regulation 32(1) to (7), have been required if those provisions had been in force;

(b) the use of electronic means is not required by any provision of these Regulations other than regulation 32(1).

Textual Amendments

F3 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)

Commencement Information

I3 Reg. 64 in force at 18.4.2016, see reg. 1(2)

(1)

S.S.I. 2012/88, revoked by the Public Contracts (Scotland) Regulations 2015.