The duration of concession contracts shall be limited.

The contracting authority or utility shall estimate the duration on the basis of the works or services requested.

For concession contracts lasting more than 5 years, the maximum duration of the concession contract shall not exceed the time that a concessionaire could reasonably be expected to take to recoup the investments made in operating the works or services together with a return on invested capital taking into account the investments required to achieve the specific contractual objectives.

The investments taken into account for the purposes of the calculation of the time period referred to in paragraph (3) shall include both initial investments and investments during the life of the concession contract.

Concession contracts which have as their subject-matter both works and services shall be awarded in accordance with the provisions applicable to the type of concession contract that characterises the main subject-matter of the contract in question.

In the case of mixed concession contracts consisting partly of social and other specific services listed in Schedule 3 and partly of other services, the main subject-matter shall be determined in accordance with which of the estimated values of the respective services is the highest.

But where part of a given contract is covered by F8regulation 7(3) or the Defence and Security Regulations, regulation 21 applies instead of paragraphs (1) to (4).

In the case of contracts intended to cover several activities, one of them being an activity listed in Schedule 2 or subject to the Utilities Contracts Regulations 2016, the applicable provisions shall be established in accordance with regulation 22 of these Regulations and regulation 7 of the Utilities Contracts Regulations 2016, respectively.

This regulation is subject to regulation 22.

This regulation applies in the case of mixed contracts which have as their subject-matter elements of a concession contract covered by these Regulations and procurement or other elements covered by F5regulation 7(3) or the Defence and Security Regulations.

In the case of contracts intended to cover several activities, one of them being listed in Schedule 2 or covered by the Utilities Contracts Regulations 2016, and another being covered by F6regulation 7(3) or the Defence and Security Regulations, the applicable provisions shall be established in accordance with regulation 23 of these Regulations and regulation 26 of the Utilities Contracts Regulations 2016, respectively.

Where the different parts of a given contract are objectively separable, contracting authorities or utilities may choose to award separate contracts for the separate parts or to award a single contract.

The decision to award a single contract shall not, however, be taken for the purpose of excluding contracts from the application of these Regulations or the Defence and Security Regulations.

Where contracting authorities or utilities choose to award separate contracts for separate parts, the decision as to which legal regime applies to any one of such separate contracts shall be taken on the basis of the characteristics of the separate part concerned.

Paragraph (6)(b) is without prejudice to the thresholds and exclusions for which the Defence and Security Regulations provide.

Where the different parts of a given contract are objectively not separable, the contract may be awarded without applying these Regulations where it includes elements F7covered by regulation 7(3); otherwise it may be awarded in accordance with these Regulations or in accordance with the Defence and Security Regulations.

This regulation is subject to regulation 23.

This regulation applies in the case of contracts intended to cover several activities where one of those activities is listed in Schedule 2.

Utilities may choose to award separate contracts for the purposes of the separate activities or to award a single contract for the purposes of all the activities.

The choice between awarding a single contract or separate contracts shall not be made with the objective of excluding the contract or contracts from the scope of these Regulations or, where applicable, the Public Contracts Regulations 2015 or the Utilities Contracts Regulations 2016.

Where utilities choose to award a separate contract, the decision as to which rules apply to any one of such separate contracts shall be taken on the basis of the characteristics of the separate activity concerned.

But where one of the activities concerned is covered by F9regulation 7(3) or the Defence and Security Regulations, regulation 23 applies instead of paragraph (5).

This regulation applies in the case of contracts intended to cover several activities, one of them being listed in Schedule 2 and another being covered by F1regulation 7(3) or the Defence and Security Regulations.

Utilities may choose to award separate contracts for the purposes of the separate activities or to award a single contract for the purposes of all the activities.

The choice between awarding a single contract or awarding separate contracts shall not, however, be made with the objective of excluding the contract or contracts from the scope of these Regulations or the Defence and Security Regulations and a decision to award a single contract shall be justified by objective reasons.

Where utilities choose to award separate contracts for separate parts, the decision as to which legal regime applies to any one of the separate contracts shall be taken on the basis of the characteristics of the separate activity concerned.

Paragraph (5)(b) is without prejudice to the thresholds and exclusions for which the Defence and Security Regulations provide.

Contracts referred to in paragraph (5)(b) which also include procurement or other elements which are covered by F3regulation 7(3) may be awarded without applying these Regulations.