- Latest available (Revised)
- Point in Time (02/07/2021)
- Original (As made)
Point in time view as at 02/07/2021.
The Concession Contracts (Scotland) Regulations 2016 is up to date with all changes known to be in force on or before 19 August 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(This note is not part of the Regulations)
These Regulations implement, for Scotland, Directive 2014/23/EU of the European Parliament and Council of 26th February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p.1).
These Regulations impose obligations and specify procedures in respect of the award of a concession contract by contracting entities, which term normally includes contracting authorities and utilities. In particular—
Part 1 sets out the meaning of certain concession contracts.
Part 2 sets out the scope of the Regulations (including reference to activities and to thresholds based on the estimated value of the procurement), specifies exclusions for certain concession contracts and lays down some general principles applicable to a procurement within the scope of the Regulations.
Part 3 sets out rules to be followed in relation to the procurement procedure and for the making an award of a concession contract.
Part 4 makes provision for rules of the performance of a concession contract including sub-contracting, modification and termination of a concession contract.
Part 5 contains provisions about remedies (and their facilitation) in relation to a procurement within the scope of Parts 1 to 4. In doing so these provisions implement, for Scotland, Council Directive 89/665/EEC on the coordination of the laws, regulations and administrative provisions relation to the application of review procedures to the award of concession contracts (OJ L 395, 30.12.1989) as amended(1) and Council Directive 92/13/EEC on the coordination of the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ L 76, 23.3.1992) as amended(2).
Part 6 imposes certain requirements for monitoring, reporting on and reviewing the Regulations.
Part 7 makes transitional and transitory provision and savings, including provision for certain procurements commenced before the commencement of these Regulations, not to be affected by these Regulations.
A full regulatory assessment of the effect that these Regulations will have on the costs of business was prepared and copies may be obtained from the Scottish Procurement Directorate website at www.scotland.gov.uk/topics/spd.
By Council Directive 92/50/EEC relating to the coordination of procedures for the award of public services contracts (OJ L 209,24.7.1992, p.1); by Directive 2007/66/EEC of the European Parliament and Council amending Council Directives 89/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts (OJ L 335, 20.12.2007, p.31) and by Directive 2014/23/EU of the European Parliament and of the Council on the award of concession contracts (OJ 94, 28.3.2014, p.1) .
By Council Directive by Directive 2007/66/EEC of the European Parliament and Council amending Council Directive 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts (OJ L 335, 20.12.2007, p.31) and by Directive 2014/23/EU of the European Parliament and of the Council on the award of concession contracts (OJ 94, 28.3.2014, p.1)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: