The Concession Contracts Regulations 2016

Made: 11th March 2016

Laid before Parliament: 17th March 2016

Coming into force: 18th April 2016

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PART 1 — General

Citation, commencement and extent

1

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Interpretation

2

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Meaning of “concession contract”

3

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Meaning of “contracting authorities”

4

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Meaning of “utilities”

5

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Meaning of “concession notice”

6

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PART 2 — Scope and principles

CHAPTER 1 — Concession contracts to which these Regulations apply

Subject-matter and scope of these Regulations

7

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Principle of equal treatment, non-discrimination and transparency

8

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Threshold amounts and methods for calculating the estimated value of concession contracts

9

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CHAPTER 2 — Exclusions

General exclusions

10

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Specific exclusions in the field of electronic communications

11

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Specific exclusions in the field of water

12

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Concession contracts awarded to an affiliated undertaking

13

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Concession contracts awarded to a joint venture or to a utility forming part of a joint venture

14

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Notification of information by utilities

15

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Exclusion of activities which are directly exposed to competition

16

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Concession contracts between entities within the public sector

17

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CHAPTER 3 — General Provisions

Duration of the concession contract

18

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Social and other specific services

19

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Mixed contracts

20

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Mixed procurement contracts involving defence or security aspects

21

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Contracts covering both activities listed in Schedule 2 and other activities

22

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Contracts covering both activities listed in Schedule 2 and activities involving defence or security aspects.

23

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CHAPTER 4 — Specific Situations

Reserved concession contracts

24

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Research and development services

25

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CHAPTER 5 — Principles

Economic operators

26

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Nomenclatures

27

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Confidentiality

28

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Rules applicable to communication

29

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PART 3 — Rules on the award of concession contracts

CHAPTER 1 — General principles

Design of the award procedure

30

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Concession notices

31

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Concession award notices

32

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Form and manner of publication of notices

33

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Electronic availability of concession documents

34

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Combating corruption and preventing conflicts of interest

35

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CHAPTER 2 — Procedural guarantees

Technical and functional requirements

36

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Procedural guarantees

37

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Selection of and qualitative assessment of candidates

38

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Time limits for receipt of applications and tenders for the concession contract

39

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Informing candidates and tenderers

40

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Award criteria

41

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PART 4 — Rules on the performance of concession contracts

Subcontracting

42

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Modification of concession contracts during their term

43

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Termination of concession contracts

44

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Reporting requirements

45

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PART 5 — Remedies

CHAPTER 1 — Facilitation of remedies

Scope of Chapter 1

46

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Notices of decisions to award a concession contract

47

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Standstill period

48

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CHAPTER 2 — Applications to the court

Interpretation of Chapter 2

49

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Duty owed to economic operators from EEA states

50

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Duty owed to economic operators from certain other states

51

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Enforcement of duties through the Court

52

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General time limits for starting proceedings

53

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Special time limits for seeking a declaration of ineffectiveness

54

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Starting proceedings

55

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Concession contract-making suspended by challenge to award decision

56

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Interim orders

57

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Remedies where the concession contract has not been entered into

58

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Remedies where the concession contract has not been entered into

59

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Grounds for ineffectiveness

60

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General interest grounds for not making a declaration of ineffectiveness

61

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The consequences of ineffectiveness

62

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Penalties in addition to, or instead of, ineffectiveness

63

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Injunctions against the Crown

64

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PART 6 — Miscellaneous

Review of these Regulations

65

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General transitional provision

66

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SCHEDULE 1 — ACTIVITIES CONSTITUTING WORKS

In this Schedule, ‘NACE’ has the same meaning as in Council Regulation (EEC) No 3037/90 on the classification of economic activities in the European Community[^f00067], and numerical references in the columns relating to the NACE relate to the Annex to that Regulation. In the event of any difference of interpretation between the CPV and the NACE, the CPV nomenclature shall apply.

NACE Rev. 1	NACE Rev. 1	NACE Rev. 1	NACE Rev. 1	NACE Rev. 1	CPV Code
SECTION F	SECTION F	SECTION F	CONSTRUCTION	CONSTRUCTION	CPV Code
Division	Group	Class	Subject	Notes	CPV Code
45			Construction	This division includes: construction of new buildings and works, restoring and common repairs.	45000000
	45.1		Site preparation		45100000
		45.11	Demolition and wrecking of buildings; earth moving	This class includes: —demolition of buildings and other structures, —clearing of building sites, —earth moving: excavation, landfill, levelling and grading of construction sites, trench digging, rock removal, blasting, etc., —site preparation for mining, —overburden removal and other development and preparation of mineral properties and sites. This class also includes: —building site drainage, —drainage of agricultural or forestry land.	45110000
		45.12	Test drilling and boring	This class includes: —test drilling, test boring and core sampling for construction, geophysical, geological or similar purposes. This class excludes: —drilling of production oil or gas wells, see 11.20, —water well drilling, see 45.25, —shaft sinking, see 45.25, —oil and gas field exploration, geophysical, geological and seismic surveying, see 74.20.	45120000
	45.2		Building of complete constructions or parts thereof; civil engineering		45200000
		45.21	General construction of buildings and civil engineering works	This class includes: —construction of all types of buildings construction of civil engineering constructions, —bridges, including those for elevated highways, viaducts, tunnels and subways, —long-distance pipelines, communication and power lines, —urban pipelines, urban communication and power lines, —ancillary urban works, —assembly and erection of prefabricated constructions on the site. This class excludes: —service activities incidental to oil and gas extraction, see 11.20, —erection of complete prefabricated constructions from self-manufactured parts not of concrete, see divisions 20, 26 and 28, —construction work, other than buildings, for stadiums, swimming pools, gymnasiums, tennis courts, golf courses and other sports installations, see 45.23, —building installation, see 45.3, —building completion, see 45.4, —architectural and engineering activities, see 74.20, —project management for construction, see 74.20.	45210000 Except: —45213316 45220000 45231000 45232000
		45.22	Erection of roof covering and frames	This class includes: —erection of roofs, —roof covering, —waterproofing.	45261000
		45.23	Construction of highways, roads, airfields and sport facilities	This class includes: —construction of highways, streets, roads, other vehicular and pedestrian ways, —construction of railways, —construction of airfield runways, —construction work, other than buildings, for stadiums, swimming pools, gymnasiums, tennis courts, golf courses and other sports installations, —painting of markings on road surfaces and car parks. This class excludes: —preliminary earth moving, see 45.11.	45212212 and DA03 45230000 except: —45231000 —45232000 —45234115
		45.24	Construction of water projects	This class includes construction of: —waterways, harbour and river works, pleasure ports (marinas), locks etc., —dams and dykes, —dredging, —subsurface work.	45240000
		45.25	Other construction work involving special trades	This class includes: —construction activities specialising in one aspect common to different kinds of structures, requiring specialised skill or equipment, —construction of foundations, including pile driving, —water well drilling and construction, shaft sinking, —erection of non-self-manufactured steel elements, —steel bending, —bricklaying and stone setting, —scaffolds and work platform erecting and dismantling, including renting of scaffolds and work platforms, —erection of chimneys and industrial ovens. This class excludes: —renting of scaffolds without erection and dismantling, see 71.32	45250000 45262000
	45.3		Building installation		45300000
		45.31	Installation of electrical wiring and fittings	This class includes: installation in buildings or other construction projects of: —electrical wiring and fittings, —telecommunications systems, —electrical heating systems, —residential antennas and aerials, —fire alarms, —burglar alarm systems, —lifts and escalators, —lightning conductors, etc.	45213316 45310000 Except: —45316000
		45.32	Insulation work activities	This class includes: —installation in buildings or other construction projects of thermal, sound or vibration insulation. This class excludes: —waterproofing, see 45.22.	45320000
		45.33	Plumbing	This class includes: —installation in buildings or other construction projects of: —plumbing and sanitary equipment, —gas fittings, —heating, ventilation, refrigeration or air-conditioning equipment and ducts, —sprinkler systems This class excludes: —installation of electrical heating systems, see 45.31.	45330000
		45.34	Other building installation	This class includes: —installation of illumination and signalling systems for roads, railways, airports and harbours, —installation in buildings or other construction projects of fittings and fixtures n.e.c.	45234115 45316000 45340000
	45.4		Building completion		45400000
		45.41	Plastering	This class includes: —application in buildings or other construction projects of interior and exterior plaster or stucco, including related lathing materials.	45410000
		45.42	Joinery installation	This class includes: —installation of not self-manufactured doors, windows, door and window frames, fitted kitchens, staircases, shop fittings and the like, of wood or other materials, —interior completion such as ceilings, wooden wall coverings, movable partitions, etc. This class excludes: —laying of parquet and other wood floor coverings, see 45.43.	45420000
		45.43	Floor and wall covering	This class includes: —laying, tiling, hanging or fitting in buildings or other construction projects of: —ceramic, concrete or cut stone wall or floor tiles, —parquet and other wood floor coverings carpets and linoleum floor coverings, —including of rubber or plastic, —terrazzo, marble, granite or slate floor or wall coverings, —wallpaper.	45430000
		45.44	Painting and glazing	This class includes: —interior and exterior painting of buildings, —painting of civil engineering structures, —installation of glass, mirrors, etc. This class excludes: —installation of windows, see 45.42.	45440000
		45.45	Other building completion	This class includes: —installation of private swimming pools, —steam cleaning, sand blasting and similar activities for building exteriors, —other building completion and finishing work n.e.c. This class excludes: —interior cleaning of buildings and other structures see 74.70.	45212212 and DA04 45450000
	45.5		Renting of construction or demolition equipment with operator		45500000
		45.50	Renting of construction or demolition equipment with operator	This class excludes: —renting of construction or demolition machinery and equipment without operators, see 71.32.	45500000

SCHEDULE 2 — ACTIVITIES EXERCISED BY UTILITIES

Gas and heat

1

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Electricity

2

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Transport services

3

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Ports and airports

4

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Postal services

5

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Extraction of oil and gas and exploration for, or extraction of, coal or other solid fuels

6

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SCHEDULE 3 — SOCIAL AND OTHER SPECIFIC SERVICES

Description	CPV Code
796110000-0, 75200000-8, 75231200-6, 75231240-8, 79622000-0 (supply services of domestic help personnel); 79624000-4 (supply services of nursing personnel) and 79625000-1 (supply services of medical personnel) from 85000000-9 to 853230000-9, 85143000-3, 98133100-5, 98133000-4 and 98200000-5 and 98500000-8 (private households with employed persons) and 98513000-2 to 98514000-9 (manpower services for households, agency staff services for households, clerical staff services for households, temporary staff for households, home-help services and domestic services).	Health, social and related services
85321000-5 and 85322000-2, 75000000-6 (administration, defence and social security services), 75121000-0, 75122000-7, 75124000-1; from 79995000-5 to 79995200-7; from 80000000-4 education and training services to 80660000-8; from 92000000-1 to 92342200-2; from 92360000-2 to 92700000-8; 79950000-8 (exhibition, fair and congress organisation services), 79951000-5 (seminar organisation services), 79952000-2 (event services), 79952100-3 (cultural event organisation services), 79953000-9 (festival organisation services), 79954000-6 (party organisation services), 79955000-3 (fashion shows organisation services), 79956000-0 (fair and exhibition organisation services)	Administrative, social, educational, healthcare and cultural services
75300000-9	Compulsory social security services
75310000-2, 75311000-9, 75312000-6, 75313000-3, 75313100-4, 75314000-0, 75320000-5, 75330000-8, 75340000-1	Benefit services
98000000-3, 98120000-0, 98132000-7, 98133110-8 and 98130000-3	Other community, social and personal services including services furnished by trade unions, political organisations, youth associations and other membership organisation services
98131000-0	Religious services
55100000-1 to 55410000-7; 55521000-8 to 55521200-0 55521000-8 catering services for private households, 55521100-9 Meals-on-wheels services, 55521200-0 Meal delivery service 55520000-1 catering services, 55522000-5 catering services for transport enterprises, 55523000-2 catering services for other enterprises or other institutions, 55524000-9 school catering services 55510000-8 canteen services, 55511000-5 canteen and other restricted-clientele cafeteria services,55512000-2 canteen management services, 55523100-3 school meal services	Hotel and restaurant services
79100000-5 to 79140000-7, 75231100-5	Legal services to the extent not excluded under regulation 10(11)(d)
75100000-7 to 75120000-3, 75123000-4, 75125000-8 to 75131000-3	Other administrative services and government services
75200000-8 to 75231000-4	Provision of services to the community
75231210-9 to 75231230-5, 75240000-0 to 75252000-7, 79430000-7, 98113100-9	Prison related services, public security and rescue services to the extent not excluded under regulation 10(11)(g)
79700000-1 to 79721000-4 (investigation and security services, security services, alarm-monitoring services, guard services, surveillance services, tracing system services, absconder-tracing services, patrol services, identification badge release services, investigation services and detective agency services) 79722000-1 (graphology services), 79723000-8 (waste analysis services)	Investigation and security services
64000000-6 (postal and telecommunications services), 64100000-7 (post and courier services), 64110000-0 (postal services), 64111000-7 (postal services related to newspapers and periodicals), 64112000-4 (postal services related to letters), 64113000-1 (postal services related to parcels), 64114000-8 (post office counter services), 64115000-5 (mailbox rental), 64116000-2 (post-restante services), 64122000-7 (internal office mail and messenger services)	Postal services
50116510-9 (tyre-remoulding services) 71550000-8 (blacksmith services)	Miscellaneous services
98900000-2 (services provided by extra-territorial organisations and bodies) 98910000-5 (services specific to international organisations and bodies)	International services

Signed

Matthew Hancock — Minister for the Cabinet Office — 2016-03-11

Explanatory note

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Footnotes

[^f00001]: 1972 c.68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c.51), section 27(1)(a), and by the European Union (Amendment) Act 2008 (c.7), Part 1 of the Schedule.

[^f00002]: S.I. 2010/2473.

[^f00003]: Paragraph 1A was inserted by the Legislative and Regulatory Reform Act 2006, section 28, and was amended by the European Union (Amendment) Act 2008, Part 1 of the Schedule and by S.I. 2007/1388.

[^f00004]: OJ No L 94, 28.3.2014, p1, last amended by Commission Delegated Regulation (EU) 2015/2172 (OJ No L 307, 25.11.2015, p9).

[^f00005]: OJ No L 340, 16.12.2002, p1, last amended by Regulation (EC) No 596/2009 of the European Parliament and of the Council (OJ No L 188, 18.7.2009, p14).

[^f00006]: S.I. 2011/1848, amended by S.I. 2011/2053, 2013/1431 and 2015/102.

[^f00007]: 2010 c.15.

[^f00008]: OJ No C 115, 9.5.2008, p47.

[^f00009]: OJ No C 115, 9.5.2008, p13.

[^f00010]: 1971 c.80.

[^f00011]: S.I. 2015/102, as amended by S.I. 2016/275.

[^f00012]: S.I. 2016/274.

[^f00013]: OJ No L 395, 30.12.1989, p33, last amended by Directive 2014/23/EU of the European Parliament and of the Council (OJ No L 94, 28.3.2014, p1).

[^f00014]: Article 8(1) of the Concessions Directive was last amended by Commission Delegated Regulation (EU) 2015/2172 (OJ No L 307, 25.11.2015, p9).

[^f00015]: OJ No L 293, 31.10.2008, p3.

[^f00016]: OJ No L 315, 3.12.2007, p1.

[^f00017]: OJ No L 216, 20.8.2009, p76, last amended by Commission Regulation (EU) 2015/2340 (OJ No L 330, 16.12.2015, p14).

[^f00018]: OJ No L 78, 26.3.1977, p17, last amended by Council Directive 2013/25/EU (OJ No L 158, 10.6.2013, p368).

[^f00019]: OJ No L 145, 30.4.2004, p1, last amended by Directive 2010/78/EU of the European Parliament and of the Council (OJ No L 331, 15.12.2010, p120).

[^f00020]: OJ No L 95, 15.4.2010, p1.

[^f00021]: OJ No L 108, 24.4.2002, p33, last amended by Directive 2009/140/EC of the European Parliament and of the Council (OJ No L 337, 18.12.2009, p37).

[^f00022]: OJ No L 182, 29.6.2013, p19, last amended by Council Directive 2014/102/EU (OJ No L 334, 21.11.2014, p86).

[^f00023]: S.I. 2016/274.

[^f00024]: S.I. 2015/102, as amended by S.I. 2016/275.

[^f00025]: 2000 c.36.

[^f00026]: OJ No L 296, 12.11.2015, p1.

[^f00027]: 1977 c.45; section 1 was amended by the Criminal Attempts Act 1981 (c.47), section 5(1), by the Criminal Justice (Terrorism and Conspiracy) Act 1998 (c.40), Schedule 2, Part 2, and by the Trade Union and Labour Relations (Consolidation) Act 1992 (c.52), Schedule 1; section 1A was inserted by the Criminal Justice (Terrorism and Conspiracy) Act 1998, section 5(1), and was amended by the Coroners and Justice Act 2009 (c.25), section 72(1)(a).

[^f00028]: S.I. 1983/1120 (N.I.13); article 9 was amended by Part 2 of Schedules 1 and 2 to the Criminal Justice (Terrorism and Conspiracy) Act 1998, and article 9A was inserted by section 6(1) of that Act; there are other amendments but none is relevant.

[^f00029]: OJ No L 300, 11.11.2008, p42.

[^f00030]: 1889 c.69; this Act was repealed by the Bribery Act 2010 (c.23), Schedule 2.

[^f00031]: 1906 c.34; this Act was repealed by the Bribery Act 2010, Schedule 2.

[^f00032]: 2010 c.23.

[^f00033]: 1983 c.2; section 113 was amended by the Greater London Authority Act 1999 (c.29), Schedule 3, paragraph 30(2).

[^f00034]: OJ No C 316, 27.11.1995, p48.

[^f00035]: 1968 c.60.

[^f00036]: 1969 c.16 (N.I.).

[^f00037]: 1978 c.31.

[^f00038]: S.I. 1978/1407 (N.I.23).

[^f00039]: 1985 c.6; section 458 was modified by S.I. 2001/1090 and repealed by the Companies Act 2006 (c.46), Schedule 16.

[^f00040]: S.I. 1986/1032 (N.I.6), amended by S.R. (NI) 2004/307 (and other instruments that were not relevant) and revoked by the Companies Act 2006 (c.46), Schedule 16.

[^f00041]: 2006 c.46; section 993 is applied (with modifications) by S.I. 2009/1804, regulation 47, and by S.I. 2009/2436, regulation 3 and Schedule 1.

[^f00042]: 1979 c.2; section 170 was amended by the Forgery and Counterfeiting Act 1981 (c.45), section 23(3); by the Police and Criminal Evidence Act 1984 (c.60), section 114(1); by the Finance Act 1988 (c.39), section 12; by the Finance (No 2) Act 1992 (c.48), Schedule 2; by the Criminal Justice Act 2003 (c.44), section 293; by the Criminal Justice and Immigration Act 2008 (c.4), Schedule 17; by the Anti-social Behaviour, Crime and Policing Act 2014 (c.12), section 111; and by S.I. 1996/2686 and 2015/664; S.I. 2004/702 (N.I.3) and S.I. 2005/1966 (N.I.16).

[^f00043]: 1994 c.23; section 72 was amended by the Finance Act 2007 (c.11), Schedule 22; by the Finance Act 2003 (c.14), section 17 and by S.I. 2015/664.

[^f00044]: 1993 c.36, amended by S.I. 2011/1043.

[^f00045]: 1968 c.60; section 20 was amended by the Fraud Act 2006 (c.35), Schedules 1 and 3.

[^f00046]: 1969 c.16 (N.I.); section 19 was amended by the Fraud Act 2006 (c.35), Schedules 1 and 3.

[^f00047]: 2006 c.35.

[^f00048]: 2008 c.28.

[^f00049]: 2007 c.27.

[^f00050]: 2002 c.29; sections 340(11) and 415 were modified by the Serious Crime Act 2007 (c.27), section 63(1) and Schedule 6, paragraph 44; section 415 was amended by the Serious Organised Crime and Police Act 2005 (c.15), section 107(4).

[^f00051]: 1988 c.33; sections 93A, 93B and 93C were inserted by sections 29, 30 and 31 of the Criminal Justice Act 1993 (c.36) and repealed by the Proceeds of Crime Act 2002 (c.29), Schedule 11, paragraph 17(2) and Schedule 12.

[^f00052]: S.I. 1996/1299 (N.I.9); articles 45, 46 and 47 were repealed by the Proceeds of Crime Act 2002 (c.29), Schedule 11, paragraph 31(2).

[^f00053]: 2004 c.19; section 4 was amended by the Human Tissue Act 2004 (c.30), Schedule 6, paragraph 7, by the UK Borders Act 2007 (c.30), section 31(1), by the Borders, Citizenship and Immigration Act 2009 (c.11), section 54, by the Protection of Freedoms Act 2012 (c.9), section 110, and by the Criminal Justice Act (Northern Ireland) 2013 (c.7 (N.I)), section 7(2) to (5) and Schedule 4, Part 2, and extended to the Isle of Man with modifications by S.I. 2008/680, article 18 and Schedule 8. Section 4 was repealed, in relation to England and Wales, by the Modern Slavery Act 2015 (c.30), Schedule 5, paragraph 6.

[^f00054]: 2003 c.42; section 59A was inserted by the Protection of Freedoms Act 2012 (c.9), section 109(2) and repealed by the Modern Slavery Act 2015, Schedule 5, paragraph 5.

[^f00055]: 2009 c.25; section 71 was repealed by the Modern Slavery Act 2015, Schedule 5, paragraph 8.

[^f00056]: 2015 c.30.

[^f00057]: 1994 c.37; sections 49, 50 and 51 were repealed by the Proceeds of Crime Act 2002 (c.29), Schedule 11, paragraphs 1 and 25(1) and (2)(a) and by Schedule 12.

[^f00058]: S.I. 2015/102, as amended by S.I. 2016/275.

[^f00059]: S.I. 2016/274.

[^f00060]: OJ No L 216, 20.8.2009, p76, last amended by Commission Regulation (EU) 2015/2340 (OJ No L 330, 16.12.2015, p14).

[^f00061]: The Europe 2020 strategy can be found on the European Commission website at http://ec.europe 2020 or can be obtained from the Crown Commercial Service, Rosebery Court, St Andrews Business Park, Norwich, NR7 0HS.

[^f00062]: In Welsh the Statistics Board is known as Y Bwrdd Ystadegau.

[^f00063]: All the substantive provisions of the Agreement were substituted by the Protocol which was approved, on behalf of the EU, by Council Decision 2014/115/EU (OJ No L 68, 7.3.2014, p1), to which the text of the Protocol is attached (at OJ No L 68, 7.3.2014, p2). In accordance with Article 3 of the Protocol, the Protocol has entered into force for the EU.

[^f00064]: OJ No L 296, 12.11.2015, p1.

[^f00065]: 1947 c.44.

[^f00066]: S.I. 2006/5, amended by S.I. 2007/3542, 2008/2256, 2683, 2848, 2009/1307, 2992, 2010/133, 976, 2011/1043, 1848, 2053, 2581, 3058, 2013/252, 1431, 2014/834 and by the Enterprise and Regulatory Reform Act 2013 (c.24), Schedule 20, paragraph 2. The Public Contracts Regulations 2006 (the “2006 Regulations”) were revoked with savings by the Public Contracts Regulations 2015 (S.I. 2015/102), regulations 116 and 117. Regulation 117 saves the 2006 Regulations so far as they apply in respect of public works concession contracts and services concession contracts within the meaning of the 2006 Regulations.

[^f00067]: OJ No L 293, 24.10.1990, p.1; last amended by Regulation (EC) No 1893/2006 of the European Parliament and of the Council (OJ No L. 393, 30.12.2006, p1).

[^f00068]: S.I. 2016/274.

[^f00069]: 2011 c.5.

In this Schedule, ‘NACE’ has the same meaning as in Council Regulation (EEC) No 3037/90 on the classification of economic activities in the European Community as that Regulation had effect in EU law immediately before IP completion day, and numerical references in the columns relating to the NACE relate to the Annex to that Regulation. In the event of any difference of interpretation between the CPV and the NACE, the CPV nomenclature shall apply.

NACE Rev. 1	NACE Rev. 1	NACE Rev. 1	NACE Rev. 1	NACE Rev. 1	CPV Code
SECTION F	SECTION F	SECTION F	CONSTRUCTION	CONSTRUCTION	CPV Code
Division	Group	Class	Subject	Notes	CPV Code
45			Construction	This division includes:construction of new buildings and works, restoring and common repairs.	45000000
	45.1		Site preparation		45100000
		45.11	Demolition and wrecking of buildings; earth moving	This class includes:—demolition of buildings and other structures,—clearing of building sites,—earth moving: excavation, landfill, levelling and grading of construction sites, trench digging, rock removal, blasting, etc.,—site preparation for mining,—overburden removal and other development and preparation of mineral properties and sites.This class also includes:—building site drainage,—drainage of agricultural or forestry land.	45110000
		45.12	Test drilling and boring	This class includes:—test drilling, test boring and core sampling for construction, geophysical, geological or similar purposes.This class excludes:—drilling of production oil or gas wells, see 11.20,—water well drilling, see 45.25,—shaft sinking, see 45.25,—oil and gas field exploration, geophysical, geological and seismic surveying, see 74.20.	45120000
	45.2		Building of complete constructions or parts thereof; civil engineering		45200000
		45.21	General construction of buildings and civil engineering works	This class includes:—construction of all types of buildings construction of civil engineering constructions,—bridges, including those for elevated highways, viaducts, tunnels and subways,—long-distance pipelines, communication and power lines,—urban pipelines, urban communication and power lines,—ancillary urban works,—assembly and erection of prefabricated constructions on the site.This class excludes:—service activities incidental to oil and gas extraction, see 11.20,—erection of complete prefabricated constructions from self-manufactured parts not of concrete, see divisions 20, 26 and 28,—construction work, other than buildings, for stadiums, swimming pools, gymnasiums, tennis courts, golf courses and other sports installations, see 45.23,—building installation, see 45.3,—building completion, see 45.4,—architectural and engineering activities, see 74.20,—project management for construction, see 74.20.	45210000Except:—45213316452200004523100045232000
		45.22	Erection of roof covering and frames	This class includes:—erection of roofs,—roof covering,—waterproofing.	45261000
		45.23	Construction of highways, roads, airfields and sport facilities	This class includes:—construction of highways, streets, roads, other vehicular and pedestrian ways,—construction of railways,—construction of airfield runways,—construction work, other than buildings, for stadiums, swimming pools, gymnasiums, tennis courts, golf courses and other sports installations,—painting of markings on road surfaces and car parks.This class excludes:—preliminary earth moving, see 45.11.	45212212 and DA0345230000 except:—45231000—45232000—45234115
		45.24	Construction of water projects	This class includesconstruction of:—waterways, harbour and river works, pleasure ports (marinas), locks etc.,—dams and dykes,—dredging,—subsurface work.	45240000
		45.25	Other construction work involving special trades	This class includes:—construction activities specialising in one aspect common to different kinds of structures, requiring specialised skill or equipment,—construction of foundations, including pile driving,—water well drilling and construction, shaft sinking,—erection of non-self-manufactured steel elements,—steel bending,—bricklaying and stone setting,—scaffolds and work platform erecting and dismantling, including renting of scaffolds and work platforms,—erection of chimneys and industrial ovens.This class excludes:—renting of scaffolds without erection and dismantling, see 71.32	4525000045262000
	45.3		Building installation		45300000
		45.31	Installation of electrical wiring and fittings	This class includes:installation in buildings or other construction projects of:—electrical wiring and fittings,—telecommunications systems,—electrical heating systems,—residential antennas and aerials,—fire alarms,—burglar alarm systems,—lifts and escalators,—lightning conductors, etc.	4521331645310000Except:—45316000
		45.32	Insulation work activities	This class includes:—installation in buildings or other construction projects of thermal, sound or vibration insulation.This class excludes:—waterproofing, see 45.22.	45320000
		45.33	Plumbing	This class includes:—installation in buildings or other construction projects of:—plumbing and sanitary equipment,—gas fittings,—heating, ventilation, refrigeration or air-conditioning equipment and ducts,—sprinkler systemsThis class excludes:—installation of electrical heating systems, see 45.31.	45330000
		45.34	Other building installation	This class includes:—installation of illumination and signalling systems for roads, railways, airports and harbours,—installation in buildings or other construction projects of fittings and fixtures n.e.c.	452341154531600045340000
	45.4		Building completion		45400000
		45.41	Plastering	This class includes:—application in buildings or other construction projects of interior and exterior plaster or stucco, including related lathing materials.	45410000
		45.42	Joinery installation	This class includes:—installation of not self-manufactured doors, windows, door and window frames, fitted kitchens, staircases, shop fittings and the like, of wood or other materials,—interior completion such as ceilings, wooden wall coverings, movable partitions, etc.This class excludes:—laying of parquet and other wood floor coverings, see 45.43.	45420000
		45.43	Floor and wall covering	This class includes:—laying, tiling, hanging or fitting in buildings or other construction projects of:—ceramic, concrete or cut stone wall or floor tiles,—parquet and other wood floor coverings carpets and linoleum floor coverings,—including of rubber or plastic,—terrazzo, marble, granite or slate floor or wall coverings,—wallpaper.	45430000
		45.44	Painting and glazing	This class includes:—interior and exterior painting of buildings,—painting of civil engineering structures,—installation of glass, mirrors, etc.This class excludes:—installation of windows, see 45.42.	45440000
		45.45	Other building completion	This class includes:—installation of private swimming pools,—steam cleaning, sand blasting and similar activities for building exteriors,—other building completion and finishing work n.e.c.This class excludes:—interior cleaning of buildings and other structures see 74.70.	45212212 and DA0445450000
	45.5		Renting of construction or demolition equipment with operator		45500000
		45.50	Renting of construction or demolition equipment with operator	This class excludes:—renting of construction or demolition machinery and equipment without operators, see 71.32.	45500000

Editorial notes

PART 5A — Processing of invoices submitted electronically

Contractual provisions relating to the processing of electronic invoices

64A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of regulation 64A to utilities and sub-central contracting authorities

64B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Review and amendment of the threshold in regulation 9(1)

9A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty owed to economic operators from the United Kingdom and Gibraltar

General provisions about regulations under these Regulations

65ZA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Review of these Regulations

General transitional provision

Duty owed to economic operators from countries with whom the EU has an international agreement, other than the GPA

Duty owed to economic operators from GPA parties

51A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement of duties through the Court

General time limits for starting proceedings

Special time limits for seeking a declaration of ineffectiveness

Starting proceedings

Concession contract-making suspended by challenge to award decision

Interim orders

Remedies where the concession contract has not been entered into

Grounds for ineffectiveness

General interest grounds for not making a declaration of ineffectiveness

The consequences of ineffectiveness

Penalties in addition to, or instead of, ineffectiveness

Injunctions against the Crown

SCHEDULE1A — PARTIES TO THE GPA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty owed to economic operators from countries with whom the United Kingdom has an international agreement, other than the GPA

51B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement of duties through the Court

General time limits for starting proceedings

Special time limits for seeking a declaration of ineffectiveness

Starting proceedings

Concession contract-making suspended by challenge to award decision

Interim orders

Remedies where the concession contract has been entered into

Grounds for ineffectiveness

General interest grounds for not making a declaration of ineffectiveness

The consequences of ineffectiveness

Penalties in addition to, or instead of, ineffectiveness

Injunctions against the Crown

SCHEDULE 4 — INTERNATIONAL TRADE AGREEMENTS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation, signed at Bern on 11th February 2019.

Trade and Partnership Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the State of Israel, signed at Tel Aviv on 18th February 2019.

Economic Partnership Agreement between the CARIFORUM States, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, signed in St Lucia on 22nd March 2019.

Trade Agreement between the United Kingdom of Great Britain and Northern Ireland, of the one part, and the Republic of Colombia, the Republic of Ecuador and the Republic of Peru, of the other part, signed at Quito on 15th May 2019.

Agreement Establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed at Managua on 18th July 2019.

Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland, of the one part, and the Republic of Korea, of the other part, signed at London on 22nd August 2019.

Strategic Partnership and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and Georgia, signed at London on 21st October 2019.

Partnership, Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Kosovo, signed at Pristina on 3rd December 2019.

Political, Free Trade and Strategic Partnership Agreement between the United Kingdom of Great Britain and Northern Ireland and Ukraine, signed at London on 8th October 2020.

Agreement between the United Kingdom of Great Britain and Northern Ireland and Japan for a Comprehensive Economic Partnership, signed at Tokyo on 23rd October 2020.

Partnership, Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of North Macedonia, signed at Skopje on 3rd December 2020.

Agreement on Trade Continuity between the United Kingdom of Great Britain and Northern Ireland and Canada, signed at Ottawa on 9th December 2020.

Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Singapore, signed at Singapore on 10th December 2020.

Trade Continuity Agreement between the United Kingdom of Great Britain and Northern Ireland and the United Mexican States, signed at Mexico City on 15th December 2020.

Strategic Partnership, Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Moldova, signed at Chisnau on 24th December 2020.

Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and the Socialist Republic of Viet Nam, signed at London on 29th December 2020.

Partnership, Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Albania, signed at Tirana on 5th February 2021.

Partnership, Trade and Cooperation Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Serbia, signed at Belgrade on 16th April 2021.

Free Trade Agreement between Iceland, the Principality of Liechtenstein and the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland, signed at London on 8th July 2021.

... Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and Australia, signed at London on 16th December 2021 and Adelaide on 17th December 2021.

Comprehensive and Progressive Agreement for Trans-Pacific Partnership, signed at Santiago on 8 March 2018, including the Protocol on the Accession of the United Kingdom of Great Britain and Northern Ireland to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, signed at Auckland and Bandar Seri Begawan on 16 July 2023.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .