The Cleaner Road Transport Vehicles Regulations 2011

Interpretation E+W+N.I.

2.—(1) In these Regulations—

• F1 ...

• [F2 “concession notice” has the same meaning as in regulation 6 of the Concession Contracts Regulations 2016;]

• “contract documents” means the invitation to tender for or to negotiate a contract, the descriptive document (if any), the proposed conditions of contract, the specifications or descriptions of the goods, services, work or works required and of the materials or goods to be used in or for such work or works, and all documents supplementary thereto;

• [F3 “contracting authority” has the meaning given to “ contracting authorities ” in regulation 2(1) of the Public Contracts Regulations 2015] [F4 , regulation 4 of the Utilities Contracts Regulations or regulation 4 of the Concession Contracts Regulations 2016 (as applicable)]

• “contract notice” means a notice which is a contract notice within the meaning of [F5 Part 2 of the Public Contracts Regulations 2015] or the [F6 Utilities Contracts Regulations 2016] (as applicable);

• “declaration of ineffectiveness” has the meaning given in [F7 regulation 88(1) of the Public Contracts Regulations 2015] [F8 , regulation 103(1) of the Utilities Contracts Regulations 2016 or regulation 49(1) of the Concession Contracts Regulations 2016 (as applicable)];

• “the Directive” means Directive 2009/33/EC of the European Parliament and of the Council of 23^rd April 2009 on the promotion of clean and energy-efficient road transport vehicles;

• “economic operator” means—

  (a)

  a person who is an economic operator within the meaning of the [F9 Public Contracts Regulations 2015] [F10 , the Utilities Contracts Regulations 2016 or the Concession Contracts Regulations 2016 (as applicable)];

  (b)

  a person who—

  (i)

  offers on the market road transport vehicles for purchase or leasing;

  (ii)

  sought, seeks, or would have wished, to be the person with whom an operator enters into a contract for the purchase or leasing of road transport vehicles; and

  (iii)

  is a national of and established in a relevant State;

• “Official Journal” means the Official Journal of the European Union;

• “operator” means a person required to perform public service obligations under a public service contract;

• “procurement procedure” means—

  (a)

  [F11 “the open procedure, the restricted procedure, the competitive procedure with negotiation, competitive dialogue, the negotiated procedure without prior publication or an innovation partnership within the meaning of the Public Contracts Regulations 2015;”]

  (b)

  [F12 the open procedure, the restricted procedure, the negotiated procedure with prior call for competition, the negotiated procedure without prior call for competition, competitive dialogue or an innovation partnership within the meaning of the Utilities Contracts Regulations 2016;]

  (c)

  any procedure by means of which an operator advertises for, and considers, offers in relation to a proposed contract;

• “public service contract” and “public service obligation” have the same meaning as in Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23^rd October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) No. 1191/69 and 1107/70 M1 ;

• “road transport vehicle” has the meaning given in article 4(3) of the Directive;

• “type approval requirement” has the meaning given in section 54(1) of the Road Traffic Act 1988 M2 ;

• “utility” has the meaning given in [F13 regulation 5 of the Utilities Contracts Regulations 2016 or regulation 5 of the Concession Contracts Regulations 2016 (as applicable)].

(2) In these Regulations (including provisions of the Directive incorporated by reference), references to the Annex to the Directive are to be construed as references to that Annex as amended from time to time.

Textual Amendments

F1 Words in reg. 2(1) omitted (26.2.2015) by virtue of The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 18(2)(a)

F2 Words in reg. 2(1) inserted (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 2 para. 35(2) (with reg. 5)

F3 Words in reg. 2(1) inserted (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 18(2)(b)

F4 Words in reg. 2(1) added (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 2 para. 35(4) (with reg. 5)

F5 Words in reg. 2(1) substituted (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 18(2)(c)

F6 Words in reg. 2(1) substituted (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 2 para. 35(3) (with reg. 5)

F7 Words in reg. 2(1) substituted (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 18(2)(d)

F8 Words in reg. 2(1) added (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 2 para. 35(5) (with reg. 5)

F9 Words in reg. 2(1) substituted (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 18(2)(e)

F10 Words in reg. 2(1) substituted (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 2 para. 35(6) (with reg. 5)

F11 Words in reg. 2(1) substituted (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 18(2)(f)

F12 Words in reg. 2(1) substituted (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 2 para. 35(7) (with reg. 5)

F13 Words in reg. 2(1) substituted (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 2 para. 35(8) (with reg. 5)

Marginal Citations

M1 OJ No L 315, 3.12.2007, p 1.

M2 1988 c 52.