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The Concession Contracts (Scotland) Regulations 2016
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The Concession Contracts (Scotland) Regulations 2016, Section 25 is up to date with all changes known to be in force on or before 19 January 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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- Regulations applied by 2023 c. 54 s. 119(2)(c)
Contracts covering both activities listed in Schedule 2 and activities involving defence or security aspectsS
This section has no associated Policy Notes
25.—(1) This regulation applies in the case of a concession contract intended to cover several activities, one of them being listed in Schedule 2 and one being covered by [F1regulation 7(2)] or the Defence and Security Regulations.
(2) A utility may choose to award separate concession contracts for the purposes of the separate activities or to award a single contract for the purposes of all the activities.
(3) The choice between awarding a single contract or awarding separate contracts must not be made with the objective of excluding the contract or contracts from the scope of these Regulations or the Defence and Security Regulations and a decision to award a single concession contract must be justified by objective reasons.
(4) If a utility chooses to award separate concession contracts for separate parts, the decision as to which legal regime applies to any one of the separate concession contracts must be taken on the basis of the characteristics of the separate activity concerned.
(5) If a utility chooses to award a single concession contract, regulation 23(6) to (9) shall apply.
Textual Amendments
F1Words in reg. 25(1) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 8(16) (with sch. paras. 1-5)
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