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Government consults on draft regulations implementing EU Concessions Directive

The Government has launched a consultation on draft regulations for concessions contracts to see whether they implement the new EU Concessions Directive effectively.

The consultation document and the draft Concession Contracts Regulations 2016 can be viewed here. Submissions must be made by 18 September.

The consultation covers:

  • Part 1: Background information and instructions for responding;
  • Part 2: Technical issues and questions: introduction; summary of consultation questions; the draft regulations; governance; remedies and standstill; impact assessment confirmation;
  • Annex A: Concessions Contracts Regulations;
  • Annex B: Policy choices: social, environmental and labour law; group participation of economic operators; reserved contracts for sheltered workshops; electronic communication and e-procurement choices; conflicts of interest, exclusion and related matters; subcontracting; termination of contracts;
  • Annex C: Estimates of costs and benefits for the impact assessment.

The intention is for the new regulations to come into effect by April 2016.

The Cabinet Office and the Crown Commercial Service are consulting in parallel on draft regulations for utilities contracts. The relevant documents can be found here.