Scottish Statutory Instrument SI 2016/65 Scotland

The Concession Contracts (Scotland) Regulations 2016

Status
Amended (in force with amendments)
Penalty ceiling
Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Plus 3 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.031 Confidentiality Regulated
Other duties (1) — Crown / regulator
  • Contracting entities must not disclose your confidential bid informationLocal authority
s.041 Selection of and qualitative assessment of candidates Regulated
Other duties (1) — Crown / regulator
  • Contracting entities must verify candidate qualifications based on self-declarations or referencesCrown / Minister / Government department
s.042 Time limits for receipt of applications and tenders for the concession contract Regulated
Other duties (1) — Crown / regulator
  • Contracting entities must set minimum time limits for concession bidsLocal authority
67 other provisions — procedural and definitional
s.001 Citation, commencement and extent
s.002 Interpretation
s.003 Meaning of “concession contract”
s.004 Meaning of “contracting authority”
s.005 Meaning of “utility”
s.006 Meaning of “concession notice”
s.007 Subject matter and application of these Regulations
s.007 Regulation of procurement by UK contracting authorities
s.008 Thresholds and methods for calculating the estimated value of the concession contract
s.008 Review and amendment of the threshold in regulation 8(1)
s.009 Exclusions: Concession contracts awarded on the basis of an exclusive right
s.010 Exclusions: Concession contracts awarded pursuant to international rules
s.011 Exclusions: Concession contracts involving defence or security aspects which are awarded or organised pursuant to international rules
s.012 Exclusions: Specific service contracts
s.013 Exclusions: Electronic Communications
s.014 Exclusions: Water
s.015 Exclusions: Concession contracts awarded to an affiliated undertaking
s.016 Exclusions: Concession contracts awarded to a joint venture or to a utility forming part of a joint venture
s.017 Notification of information by utilities
s.018 Exclusion of activities which are directly exposed to competition
s.019 Exclusions: Concession contracts between entities within the public sector
s.020 Duration of the concession contract
s.021 Social and other specific services
s.022 Mixed Procurement
s.023 Mixed procurement involving defence or security aspects
s.024 Contracts covering both activities listed in Schedule 2 and other activities
s.025 Contracts covering both activities listed in Schedule 2 and activities involving defence or security aspects
s.026 Reserved Concession Contracts
s.027 Specific situations: Research and development services
s.028 Principles of equal treatment, non-discrimination and transparency
s.029 Economic Operators
s.030 Nomenclatures
s.032 Rules applicable to communication
s.033 Concession notice
s.034 Concession contract award notice
s.035 Form and manner of publication of notices
s.036 Electronic availability of concession documents
s.037 Conflict of Interest
s.038 Technical and functional requirements
s.039 Procedural guarantees
s.040 Exclusion grounds
s.043 Informing candidates and tenderers
s.044 Concession contract award criteria
s.044 Electronic invoicing
s.045 Subcontracting
s.046 Modification of concession contract during contract term
s.047 Termination of concession contract
s.048 Scope of Chapter 8
s.049 Notice of a decision to award a concession contract
s.050 Standstill period
s.051 Duty owed to economic operators , including those from countries with whom the EU has a relevant international agreement other than the GPA
s.051 Duty owed to economic operators from GPA parties
s.051 Duty owed to economic operators from countries with whom the United Kingdom has an international agreement, other than the GPA
s.052 Enforcement of duties through the Courts
s.053 Automatic suspension of authority power to proceed with concession contract award
s.054 Powers and duties of the court
s.055 Ineffectiveness orders
s.056 Powers of the court
s.057 General interest grounds for not making a declaration of ineffectiveness
s.058 Other orders
s.059 Financial penalties
s.060 Reporting requirements
s.060 General provisions about regulations under these Regulations
s.061 Review of these Regulations
s.062 Interpretation of Part 7
s.063 Transitional provision and saving where procurement was commenced before 18th April 2016
s.064 Transitory provision prior to full commencement of regulation 32(1) to (7)
Schedules

Schedules

0 of 6 shown
6 other schedules
s.sch002 Gas and heat
s.sch002 Electricity
s.sch002 Transport services
s.sch002 Ports and airports
s.sch002 Postal services activities
s.sch002 Oil and gas

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.