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The Concession Contracts Regulations 2016

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This is the original version (as it was originally made).

PART 6Miscellaneous

Review of these Regulations

65.—(1) The Minister for the Cabinet Office must from time to time—

(a)carry out a review of these Regulations;

(b)set out the conclusions of the review in a report; and

(c)publish the report.

(2) In carrying out the review the Minister for the Cabinet Office must, so far as is reasonable, have regard to how the Concessions Directive is implemented in other member States.

(3) The report must in particular—

(a)set out the objectives intended to be achieved by the regulatory system established by these Regulations;

(b)assess the extent to which those objectives are achieved; and

(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) The first report under this regulation must be published before the end of the period of 5 years beginning on 18th April 2016.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding 5 years.

General transitional provision

66.—(1) Nothing in these Regulations affects any concession contract award procedure commenced before 18th April 2016.

(2) For that purpose, a concession contract award procedure has been commenced before 18th April 2016 if, before that date—

(a)a public works concession contract notice has been sent to the Official Journal in accordance with the Public Contracts Regulations 2006(1);

(b)a contract notice has been sent to the Official Journal in accordance with the Defence and Security Regulations in order to invite offers or requests to be selected for tender or to negotiate in respect of a proposed concession contract;

(c)the contracting authority or utility has had published any form of advertisement seeking offers or expressions of interest in a proposed concession contract; or

(d)the contracting authority or utility has contacted any economic operator in order to—

(i)seek expressions of interest or offers in respect of a proposed concession contract, or

(ii)respond to an unsolicited expression of interest or offer received from that economic operator in relation to a proposed concession contract.

(3) Nothing in these Regulations affects a concession contract awarded—

(a)before 18th April 2016; or

(b)after that date but where the award was not, by virtue of paragraphs (1) and (2), affected by these Regulations.

(1)

S.I. 2006/5, amended by S.I. 2007/3542, 2008/2256, 2683, 2848, 2009/1307, 2992, 2010/133, 976, 2011/1043, 1848, 2053, 2581, 3058, 2013/252, 1431, 2014/834 and by the Enterprise and Regulatory Reform Act 2013 (c.24), Schedule 20, paragraph 2. The Public Contracts Regulations 2006 (the “2006 Regulations”) were revoked with savings by the Public Contracts Regulations 2015 (S.I. 2015/102), regulations 116 and 117. Regulation 117 saves the 2006 Regulations so far as they apply in respect of public works concession contracts and services concession contracts within the meaning of the 2006 Regulations.

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