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The Concession Contracts Regulations 2016
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- UK Statutory Instruments
- 2016 No. 273
- PART 4
- Regulation 42
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The Concession Contracts Regulations 2016, Section 42 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.
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Changes and effects yet to be applied to Regulation 42:
- Regulations revoked by 2023 c. 54 Sch. 11 para. 6
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- reg. 8(5) words omitted by S.I. 2023/506 reg. 3(2) (This amendment not applied to legislation.gov.uk. S.I. 2023/506 revoked before coming into force by The Public Procurement (International Trade Agreements) (Amendment) (Wales) (No. 2) Regulations 2023 (S.I. 2023/567), regs. 1(2), 6)
- reg. 9(9A) words omitted by S.I. 2023/506 reg. 3(3) (This amendment not applied to legislation.gov.uk. S.I. 2023/506 revoked before coming into force by The Public Procurement (International Trade Agreements) (Amendment) (Wales) (No. 2) Regulations 2023 (S.I. 2023/567), regs. 1(2), 6)
- reg. 10(11)(d)(i)(aa) words substituted by S.I. 2019/560 reg. 7(7)(e)(i)(aa) (This amendment not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319, regs. 1(3), 2(a))
- reg. 10(11)(d)(i)(bb) words substituted by S.I. 2019/560 reg. 7(7)(e)(i)(bb) (This amendment not applied to legislation.gov.uk. Affecting Regulations revoked (20.11.2020) by S.I. 2020/1319, regs. 1(3), 2(a))
SubcontractingE+W+N.I.
This section has no associated Explanatory Memorandum
Giving information to contracting authority or utility
42.—(1) In the concession documents, the contracting authority or utility may ask the tenderer to indicate in its tender any share of the concession contract that it may intend to subcontract to third parties and any proposed subcontractors.
(2) Paragraph (1) is without prejudice to the question of the concessionaire's liability.
(3) In the case of a works concession contract and in respect of services to be provided at a facility under the oversight of the contracting authority or utility, after the award of the concession contract and at the latest when the performance of the concession contract commences, the contracting authority or utility shall require the concessionaire to notify to the contracting authority or utility the name, contact details and legal representatives of its subcontractors involved in such works or services, in so far as known at the time.
(4) The contracting authority or utility shall require the concessionaire to notify it of—
(a)any changes to the information notified under paragraph (3) during the course of the concession contract; and
(b)the name, contact details and legal representatives of any new subcontractors which it subsequently involves in such works or services.
(5) Paragraphs (3) and (4) do not apply to suppliers.
(6) Contracting authorities and utilities may extend the obligations provided for in paragraphs (3) and (4) to, for example—
(a)services concession contracts (other than those concerning services to be provided at the facilities under the oversight of the contracting authority or utility) or suppliers involved in works concession contracts or services concession contracts;
(b)subcontractors of the concessionaire's subcontractors or subcontractors further down the subcontracting chain.
Excluding subcontractors
(7) Contracting authorities and utilities may verify whether there are grounds for exclusion of subcontractors under regulation 38(8) to (25).
(8) In such cases, the contracting authority or utility—
(a)shall require that the economic operator replaces a subcontractor in respect of which the verification has shown that there are compulsory grounds for exclusion; and
(b)may require that the economic operator replaces a subcontractor in respect of which the verification has shown that there are non-compulsory grounds for exclusion.
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