In these Regulations—

• F1...

• F2“associated tender documents” has the same meaning as in section 21(4) of the Procurement Act 2023;

• F2“contract documents” means any tender notice or associated tender documents;

• 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);

• F2“contract notice” means a notice which is a contract notice within the meaning of Part 2 of the Public Contracts Regulations 2015 or the Utilities Contracts Regulations 2016 (as applicable);

• F2“contracting authority” has the same meaning as in section 2 of the Procurement Act 2023, but as if section 2(5)(b), and the reference to paragraph (b) in section 2(5)(d)(ii), were omitted;

• “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—

  1. (a)

     a person who is an economic operator within the meaning of the F5Public Contracts Regulations 2015 F6, the Utilities Contracts Regulations 2016 or the Concession Contracts Regulations 2016 (as applicable);

  2. (b)

     a person who—

     1. (i)

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

     2. (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

     3. (iii)

        is a national of and established in F7the United Kingdom or Gibraltar;

• “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—

  1. (a)

     F8“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;”

  2. (b)

     F9the 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;

  3. (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 F10the Public Service Obligations in Transport Regulations 2023;

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

• F11“supplier” means—

  1. (a)

     a person or public entity or group of such persons and entities, including any temporary association of undertakings, which offers the execution of works or a work, the supply of products or the provision of services on the market;

  2. (b)

     a person who—

     1. (i)

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

     2. (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

     3. (iii)

        is a national of, and established in, the United Kingdom or Gibraltar;

• F11“tender notice” has the same meaning as in section 21(2) of the Procurement Act 2023;

• “type approval requirement” has the meaning given in section 54(1) of the Road Traffic Act 1988 M1;

• F12“work” means the outcome of a building or civil engineering works taken as a whole which is sufficient in itself to fulfil an economic or technical function.

• F13...

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.