Paragraph 8 Saving of implied power to terminate contracts

(1)

This paragraph applies where—

(a)

a contract was awarded before exit day, and

(b)

immediately before exit day, the contract contained a power—

(i)

implied by regulation 73(3) of the Public Contracts (Scotland) Regulations 2015 to terminate the contract on the ground mentioned in regulation 73(1)(c) of those Regulations,

(ii)

implied by regulation 47(3) of the Concession Contracts (Scotland) Regulations 2016 to terminate the contract on the ground mentioned in regulation 47(1)(c) of those Regulations, or

(iii)

implied by regulation 87(3) of the Utilities Contracts (Scotland) Regulations 2016 to terminate the contract on the ground mentioned in regulation 87(1)(c) of those Regulations.

(2)

On and after exit day, that power continues despite the omission, by these Regulations, of that regulation 73(1)(c), 47(1)(c) or 87(1)(c).