The Concession Contracts (Scotland) Regulations 2016

[F1Duty owed to economic operators from GPA partiesS

This section has no associated Policy Notes

51A.(1) The duty owed in accordance with regulation 51(1) (duty owed to economic operators, including those from countries with whom the EU has a relevant international agreement other than the GPA) is a duty owed also to an economic operator from a GPA party, but only where the agreement applies to the procurement concerned.

(2) For the purposes of paragraph (1), the GPA applies to a procurement if—

(a)the procurement may result in the award of a contract of any description; and

(b)at the relevant time—

(i)a GPA party has agreed with the United Kingdom that the GPA shall apply to a contract of that description; and

(ii)the economic operator is from that GPA party.

[F2(3) In this regulation, “relevant time” means the date on which the contracting entity submitted a concession notice in respect of the concession contract to the UK e-notification service or would have done so if it had been required by these Regulations to do so.]]