(2) Subject to paragraph (3), the first ground applies where the concession contract has been awarded without prior publication of a concession notice [F1on the UK e-notification service] in any case in which these Regulations required the prior publication of a concession notice.

(3) The first ground does not apply if all the following apply—

(a)the contracting authority or utility considered the award of the concession contract without prior publication of a concession notice [F2on the UK e-notification service] to be permitted by these Regulations;

(b)the contracting authority or utility has had published [F3on the UK e-notification service] a voluntary transparency notice expressing its intention to enter into the concession contract; and

(c)the concession contract has not been entered into before the end of a period of at least 10 days beginning with the day after the date on which the voluntary transparency notice was published [F4on the UK e-notification service].

(4) In paragraph (3), “voluntary transparency notice” means a notice which F5... contains the following information—

(a)the name and contact details of the contracting authority or utility;

(b)a description of the object of the concession contract;

(c)a justification of the decision of the contracting authority or utility to award the concession contract without prior publication of a concession notice in the Official Journal;

(d)the name and contact details of the economic operator to be awarded the concession contract; and

(e)where appropriate, any other information which the contracting authority or utility considers it useful to include.