The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Provision) Regulations 2024

Amendment of the Concession Contracts Regulations 2016

3.—(1) The Concession Contracts Regulations 2016(1) are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) in the definition of “exclusive right”, omit “which is compatible with the Retained Treaties”;

(b) omit the definition of “the Retained Treaties”.

(3) In regulation 5 (meaning of “utilities”), in paragraph (4)(b) omit “which is compatible with the Retained Treaties”.

(4) In regulation 10(5) (general exclusions: concession contracts awarded pursuant to international rules), in sub-paragraph (a) omit “, concluded in conformity with the Retained Treaties,”.

(5) In regulation 17 (concession contracts between entities within the public sector)—

(a) in paragraph (1)(c), omit “, in conformity with the Retained Treaties,”;

(b) in paragraph (2), omit “, in conformity with the Retained Treaties,”;

(c) in paragraph (4)(c), omit “, in conformity with the Retained Treaties,”.

(6) In regulation 50(1) (duty owed to economic operators from the United Kingdom and Gibraltar)—

(a) omit “and” at the end of sub-paragraph (a);

(b) omit sub-paragraph (b).

(1)

S.I. 2016/273. The definition of “the Retained Treaties” in regulation 2(1) was inserted, and the definition of “exclusive right” in regulation 2(1) and regulations 5, 10, 17 and 50 were amended, by S.I. 2020/1319.