Regulation 29 Amendment of Regulation (EC) No 1370/2007 of the European Parliament and of the CouncilI1

Regulation (EC) No 1370/2007^f1 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70 is amended as follows.

For paragraph 3 of Article 1 (purpose and scope) substitute—

3

This Regulation shall not apply to “concession contracts” as defined by section 8(1) of the Procurement Act 2023.

For paragraph 1 of Article 5 (award of public service contracts), substitute—

1

Subject to paragraph 1A, public service contracts shall be awarded in accordance with the rules laid down in this Regulation.

1A

In respect of a contract to which paragraph 1B applies—

(a)

the contract shall be awarded in accordance with the Procurement Act 2023; and

(b)

paragraphs 2 to 6 of this Article do not apply.

1B

This paragraph applies to a contract—

(a)

for public passenger transport services by bus or tram to which the Procurement Act 2023 applies; and

(b)

which is not a concession contract as defined by section 8 of that Act.

For paragraph 1 of Article 8 (transition), substitute—

1

Subject to paragraph 1A, public service contracts shall be awarded in accordance with the rules laid down in this Regulation.

1A

In respect of a contract to which paragraph 1B applies—

(a)

the contract shall be awarded in accordance with the Procurement Act 2023; and

(b)

paragraphs 2 to 6 of this Article do not apply.

1B

This paragraph applies to a contract—

(a)

for public passenger transport services by bus or tram to which the Procurement Act 2023 applies; and

(b)

which is not a concession contract as defined by section 8 of that Act.