The new Concession Contracts Regulations and Utilities Contracts Regulations come into force today

This is just a reminder that the new Concession Contracts Regulations and Utilities Contracts Regulations come into force today in England, Wales and Northern Ireland. There are separate regulations applying in Scotland.


Concession Contracts Regulations

The Concession Contracts Regulations 2016 implement the new EU Concessions Directive 2014/23/EU. It is the first time that concessions have been regulated in stand-alone legislation.

These new regulations will be relevant to all public sector and utilities sector purchasers considering the award of a works or services concession contract above the EU threshold of £4,104,394.

Key features of a concession contract are that some or all of the income come from third party sources – such as payments by members of the public using a cafeteria service, sports centre, public toilets or toll bridge - and the provider takes on real risk associated with the operation of the concession.

Click here to download a copy of the Concession Contracts Regulations 2016

Utilities Contracts Regulations

The Utilities Contracts Regulations 2016 implement the EU Utilities Directive 2014/25/EU. They replace the Utilities Contracts Regulations 2006 and cover the procurement of works, services, light regime services and supplies contracts.

These new regulations will be relevant to all organisations which fall within the definition of contracting entities carrying out relevant activities in the gas, heat, electricity, water, transport, port, airport and postal services sectors.

Most of the changes are the same or similar to those introduced by the Public Contracts Regulations 2015. The changes include, for example, the introduction of additional e-procurement requirements, provisions on in-house contracts and the modification of concluded contracts. Click here for the legislation.

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