- Latest available (Revised)
- Point in Time (01/01/2024)
- Original (As made)
The Concession Contracts Regulations 2016
You are here:
- UK Statutory Instruments
- 2016 No. 273
- Explanatory Note
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
More Resources
Changes over time for: Explanatory Notes
Alternative versions:
- 01/01/1948- Amendment
- 01/01/2024
Point in time
Status:
Point in time view as at 01/01/2024.
Changes to legislation:
The Concession Contracts Regulations 2016 is up to date with all changes known to be in force on or before 01 November 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 to Legislation
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.
Explanatory Note
(This note is not part of the Regulations)
These Regulations implement, for England and Wales and Northern Ireland, Directive 2014/23/EU of the European Parliament and of the Council on the award of concession contracts (OJ No L 94, 28.3.2014, p1) (“the Concessions Directive”).
These Regulations impose obligations on contracting authorities (as defined in regulation 4) and utilities (as defined in regulation 5) concerning the award of concession contracts.
Parts 1 and 2 set out the scope of the Regulations (including by reference to the thresholds based on the estimated value of the concession contract) and lay down general principles that apply to concession contracts within the scope of the Regulations and the principles for the award of mixed contracts. Chapter 2 of Part 2 contains details of the types of concession contracts that are excluded from the scope of these Regulations.
Part 3 contains rules on the award of concession contracts. Chapter 1 contains obligations relating to the publication of concession notices and concession award notices (regulations 31 to 33), the electronic availability of concession documents (regulation 34) and the prevention of corruption and conflicts of interest (regulation 35). Chapter 2 of Part 3 contains provisions relating to technical and functional requirements of concession contracts (regulation 36), the selection and qualitative assessment of candidates (regulation 38) and award criteria (regulation 41).
Part 4 contains rules on the performance of concession contracts, including provisions relating to subcontracting (regulation 42), the modification and termination of concession contracts (regulations 43 and 44) and reporting requirements (regulation 45). Part 5 contains provisions about remedies (and their facilitation) in relation to concession contracts within the scope of these Regulations. These provisions replicate, with consequential amendments, Part 3 of the Public Contracts Regulations 2015 (S.I. 2015/102) and Part 9 of the Utilities Contracts Regulations 2006 (S.I. 2006/6). In doing so they implement, for England and Wales and Northern Ireland, the following EU instruments, as amended by Articles 46 and 47 of the Concessions Directive—
(a)
Council Directive 89/665/EEC on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (OJ No L 395, 30.12.1989, p33); and
(b)
Council Directive 92/13/EEC coordinating 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 telecommunication sectors (OJ No L 76, 23.3.1992, p14).
A transposition note and a full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available at www.gov.uk. It is also annexed to the Explanatory Memorandum which is available alongside the instrument at www.legislation.gov.uk.
Options/Help
Print Options
PrintThe Whole Instrument
PrintThis Explanatory Note only
You have chosen to open the Whole Instrument
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Legislation is available in different versions:
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.
See additional information alongside the content
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.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Memorandum
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Impact Assessments
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
- Why the government is proposing to intervene;
- The main options the government is considering, and which one is preferred;
- How and to what extent new policies may impact on them; and,
- The estimated costs and benefits of proposed measures.
Timeline of Changes
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.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.