Exclusions: Concession contracts awarded on the basis of an exclusive rightS
9.—(1) These Regulations do not apply to—
(a)[F1a services concession contract] awarded to a contracting authority or utility referred to in regulation 5(1)(a) (meaning of “utility”) or to an association of such contracting authorities or utilities, on the basis of an exclusive right; or
(b)subject to paragraph (2), a services concession contract awarded to an economic operator on the basis of an exclusive right granted [F2for the exercise of] an activity listed in Schedule 2.
(2) If the [F3exclusive right referred to in paragraph (1)(b) was not granted following the application of] sector-specific transparency obligations, regulation 34 (concession contract award notice) applies.
Textual Amendments
F1Words in reg. 9(1)(a) substituted (1.7.2019) by The Public Procurement etc. (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/173), regs. 1(2), 3(2)
F2Words in reg. 9(1)(b) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 8(7)(a) (with sch. paras. 1-5)
F3Words in reg. 9(2) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 8(7)(b) (with sch. paras. 1-5)
Commencement Information