The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016

Cleaner Road Transport Vehicles Regulations 2011

37.  For regulation 6(3) and (4) (enforcement of duties) substitute—

“(3) Subject to paragraph (4), Part 5 of the Utilities Contracts Regulations 2016 has effect as if any reference in that Part to—

(a) the duty owed in accordance with regulation 104 of those Regulations included reference to the duty owed in accordance with paragraph (1);

(b) a utility included a reference to an operator;

(c) an economic operator included any person who is an economic operator for the purpose of these Regulations.

(3A) Subject to paragraph (4), Part 5 of the Concession Contracts Regulations 2016 has effect as if any reference in that Part to—

(a) the duty owed in accordance with regulation 50 of those Regulations included reference to that duty owed in accordance with paragraph (1);

(b) a contracting authority or a utility included a reference to an operator;

(c) an economic operator included any person who is an economic operator for the purpose of these Regulations.

(4) Where Part 3 of the Public Contracts Regulations 2015 or Parts 5 of the Utilities Contracts Regulations 2016 or the Concessions Contracts Regulations 2016 have effect in relation to an economic operator by virtue of paragraph (2)(b), (3)(b) or (3A)(b)—

(a) the operator does not owe any duty under that Part to a person who is not a national of or established in an EEA State;

(b) in proceedings against an operator under that Part the Court may not make a declaration of ineffectiveness, an order imposing a civil financial penalty or an order shortening the duration of the contract;

(c) the operator is not required to refrain from entering into any contract by reason of any proceedings having been started under that Part.”.