Regulation 9 Exclusions: Concession contracts awarded on the basis of an exclusive rightI1
Scotland
These Regulations do not apply to—
F1a services concession contract awarded to a contracting authority or utility referred to in regulation 5(1)(a) (meaning of “utility”) or to an association of such contracting authorities or utilities, on the basis of an exclusive right; or
subject to paragraph (2), a services concession contract awarded to an economic operator on the basis of an exclusive right granted F2for the exercise of an activity listed in Schedule 2.
If the F3exclusive right referred to in paragraph (1)(b) was not granted following the application of sector-specific transparency obligations, regulation 34 (concession contract award notice) applies.
Annotations
Textual amendments
- F1
Words in reg. 9(1)(a) substituted (1.7.2019) by The Public Procurement etc. (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/173), regs. 1(2), 3(2)
- F2
Words in reg. 9(1)(b) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 8(7)(a) (with sch. paras. 1-5)
- F3
Words in reg. 9(2) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 8(7)(b) (with sch. paras. 1-5)