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The Concession Contracts Regulations 2016
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- UK Statutory Instruments
- 2016 No. 273
- PART 3
- CHAPTER 1
- Regulation 34
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The Concession Contracts Regulations 2016, Section 34 is up to date with all changes known to be in force on or before 31 October 2024. 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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Changes and effects yet to be applied to Regulation 34:
- Regulations revoked by 2023 c. 54 Sch. 11 para. 6
- reg. 34(1) words substituted by S.I. 2019/560 reg. 7(20) (This amendment not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319, regs. 1(3), 2(a))
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- reg. 8(5) words omitted by S.I. 2023/506 reg. 3(2) (This amendment not applied to legislation.gov.uk. S.I. 2023/506 revoked before coming into force by The Public Procurement (International Trade Agreements) (Amendment) (Wales) (No. 2) Regulations 2023 (S.I. 2023/567), regs. 1(2), 6)
- reg. 9(9A) words omitted by S.I. 2023/506 reg. 3(3) (This amendment not applied to legislation.gov.uk. S.I. 2023/506 revoked before coming into force by The Public Procurement (International Trade Agreements) (Amendment) (Wales) (No. 2) Regulations 2023 (S.I. 2023/567), regs. 1(2), 6)
- reg. 10(11)(d)(i)(aa) words substituted by S.I. 2019/560 reg. 7(7)(e)(i)(aa) (This amendment not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319, regs. 1(3), 2(a))
- reg. 10(11)(d)(i)(bb) words substituted by S.I. 2019/560 reg. 7(7)(e)(i)(bb) (This amendment not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319, regs. 1(3), 2(a))
Electronic availability of concession documentsE+W+N.I.
This section has no associated Explanatory Memorandum
34.—(1) Contracting authorities and utilities shall, by means of the internet, offer unrestricted and full direct access free of charge to the concession documents from the date of the publication [F1on the UK e-notification service] of a concession notice or, where the concession notice does not include the invitation to submit tenders, from the date on which the invitation to submit tenders was sent.
(2) The text of the concession notice or of the invitation to submit tenders shall specify the internet address at which the concession documents are accessible.
(3) Paragraph (4) applies where, in duly justified circumstances due to—
(a)exceptional security reasons,
(b)technical reasons, or
(c)the particularly sensitive nature of commercial information requiring a very high level of protection,
unrestricted and full direct access free of charge to certain concession documents cannot be offered by means of the internet.
(4) In those circumstances contracting authorities and utilities shall indicate in the notice or the invitation to submit a tender that the concession documents concerned will be transmitted by means other than the internet and the time limit for the receipt of tenders shall be prolonged.
(5) Provided that it has been requested in good time, contracting authorities and utilities shall supply to all applicants or tenderers taking part in the concession contract award procedure additional information relating to the concession documents not later than 6 days before the deadline fixed for the receipt of tenders.
Textual Amendments
F1Words in reg. 34(1) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 8(20) (with Sch. paras. 3-5)
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