44.—(1) Contracting authorities and utilities shall ensure that every concession contract which they award contains provisions enabling them to terminate the concession contract where—
(a)a modification of the concession contract has taken place, which would have required a new concession contract award procedure in accordance with regulation 43(10);
(b)in the case of a concession contract awarded by a contracting authority or a utility referred to in regulation 5(1)(a), the concessionaire has, at the time of the concession contract award, been in one of the situations referred to in regulation 38(8), including as a result of the application of regulation 38(9), and should therefore have been excluded from the concession contract award procedure; or
(c)the European Court finds, in a procedure pursuant to Article 258 of TFEU, that the United Kingdom has failed to fulfil its obligations under the Treaties by virtue of the fact that the contracting authority or utility has awarded the concession contract without complying with its obligations under the Treaties and the Concessions Directive.
(2) Those provisions may address the basis on which the power is to be exercisable in those circumstances, for example by providing for notice of termination to be given and by addressing consequential matters that will or might arise from the termination.
(3) To the extent that a concession contract does not contain provisions enabling the contracting authority or utility to terminate the contract on any of the grounds mentioned in paragraph (1), a power for the contracting authority or utility to do so on giving reasonable notice to the concessionaire shall be an implied term of that concession contract.