Scottish Statutory Instrument
2016
Scotland
The Concession Contracts (Scotland) Regulations 2016
At a glance
What's here
3 compliance obligations
Who this Act binds
Plus 3 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Schedules
Browse 6 other Schedules — structural / supplementary
Electricity
Transport services
Ports and airports
Postal services activities
Oil and gas
Confidentiality
Other duties (1) — Crown / regulator
- Contracting entities must not disclose your confidential bid information Local authority
Selection of and qualitative assessment of candidates
Other duties (1) — Crown / regulator
- Contracting entities must verify candidate qualifications based on self-declarations or references Crown / Minister / Government department
Time limits for receipt of applications and tenders for the concession contract
Other duties (1) — Crown / regulator
- Contracting entities must set minimum time limits for concession bids Local authority
Browse 67 other sections — procedural / definitional / commencement
Citation, commencement and extent
Interpretation
Meaning of “concession contract”
Meaning of “contracting authority”
Meaning of “utility”
Meaning of “concession notice”
Subject matter and application of these Regulations
Regulation of procurement by UK contracting authorities
Thresholds and methods for calculating the estimated value of the concession contract
Review and amendment of the threshold in regulation 8(1)
Exclusions: Concession contracts awarded on the basis of an exclusive right
Exclusions: Concession contracts awarded pursuant to international rules
Exclusions: Concession contracts involving defence or security aspects which are awarded or organised pursuant to international rules
Exclusions: Specific service contracts
Exclusions: Electronic Communications
Exclusions: Water
Exclusions: Concession contracts awarded to an affiliated undertaking
Exclusions: Concession contracts awarded to a joint venture or to a utility forming part of a joint venture
Notification of information by utilities
Exclusion of activities which are directly exposed to competition
Exclusions: Concession contracts between entities within the public sector
Duration of the concession contract
Social and other specific services
Mixed Procurement
Mixed procurement involving defence or security aspects
Contracts covering both activities listed in Schedule 2 and other activities
Contracts covering both activities listed in Schedule 2 and activities involving defence or security aspects
Reserved Concession Contracts
Specific situations: Research and development services
Principles of equal treatment, non-discrimination and transparency
Economic Operators
Nomenclatures
Rules applicable to communication
Concession notice
Concession contract award notice
Form and manner of publication of notices
Electronic availability of concession documents
Conflict of Interest
Technical and functional requirements
Procedural guarantees
Exclusion grounds
Informing candidates and tenderers
Concession contract award criteria
Electronic invoicing
Subcontracting
Modification of concession contract during contract term
Termination of concession contract
Scope of Chapter 8
Notice of a decision to award a concession contract
Standstill period
Duty owed to economic operators , including those from countries with whom the EU has a relevant international agreement other than the GPA
Duty owed to economic operators from GPA parties
Duty owed to economic operators from countries with whom the United Kingdom has an international agreement, other than the GPA
Enforcement of duties through the Courts
Automatic suspension of authority power to proceed with concession contract award
Powers and duties of the court
Ineffectiveness orders
Powers of the court
General interest grounds for not making a declaration of ineffectiveness
Other orders
Financial penalties
Reporting requirements
General provisions about regulations under these Regulations
Review of these Regulations
Interpretation of Part 7
Transitional provision and saving where procurement was commenced before 18th April 2016
Transitory provision prior to full commencement of regulation 32(1) to (7)
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- Find public tender opportunities (opens in a new tab) Detailed Guidance
- Find a Tender (opens in a new tab) Detailed Guidance
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Browse legislation
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