Paragraph 6 The Concession Contracts Regulations 2016I1

Regulation 10 (general exclusions) is amended as follows.

In paragraph (5)—

For paragraph (6) substitute—

“(6)

These Regulations do not apply to a relevant international concession contract in a case where the applicable procurement rules restrict the participation of economic operators in the procedure.

(6A)

In the case of a relevant international concession contract where the applicable procurement rules do not restrict the participation of economic operators in the procedure, the only regulation that applies is regulation 8 (equal treatment of economic operators).”

Omit paragraph (7).

In paragraph (8), for “(7)” substitute “(6A)”.

After paragraph (8) insert—

“(8A)

In this regulation, “relevant international concession contract” means a concession contract that—

(a)

the contracting authority or utility awards in accordance with procurement rules provided by an international organisation or international financing institution, and

(b)

is fully financed, or co-financed for the most part, by that organisation or institution.”