Regulation 6 Saving, in relation to a concession contract award procedure commenced before 18th April 2019, of exclusion grounds relating to modern slavery offences

(1)

The amendment made by regulation 4(2) does not affect any concession contract award procedure commenced before 18th April 2019.

(2)

For the purposes of this regulation, a concession contract award procedure has been commenced before 18th April 2019 if, before that date—

(a)

the contracting authority or utility has sent a concession notice or prior information notice to the Publications Office of the European Union in order to invite offers or requests to be selected to tender for or to negotiate in respect of a proposed concession contract;

(b)

the contracting authority or utility has had published any form of advertisement seeking offers or expressions of interest in a proposed concession contract; or

(c)

the contracting authority or utility has contacted any economic operator in order to—

(i)

seek expressions of interest or offers in respect of a proposed concession contract; or

(ii)

respond to an unsolicited expression of interest or offer received from that economic operator in relation to a proposed concession contract.

(3)

In this regulation, the following have the same meaning as in regulation 2 of the Concession Contracts Regulations 2016—

(a)

concession contract;

(b)

concession notice;

(c)

contracting authority;

(d)

prior information notice;

(e)

utility.