Regulation 12 Application and exclusions

Unless paragraph (2) applies, a public service contract must be awarded in accordance with whichever of regulations 13 to 20 is applicable.

This Part does not apply to the award of a public service contract for public passenger transport services by bus or tram except where such a contract takes the form of a services concession contract.

Where a public service contract could be awarded under more than one of regulations 15 to 20, the competent authority may award the contract in accordance with whichever of those regulations it considers appropriate.

For the purpose of this regulation—

• “services concession contract” means a contract in writing for the supply, for pecuniary interest, of public passenger transport services to a competent authority where—

  1. (a)

     at least part of the consideration for that supply is a right for the supplier to exploit the services, and

  2. (b)

     under the contract the public service operator is exposed to a real operating risk.