Government Opens Consultation on Procurement Concessions Regulations

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New consultation on procurement legislation was published on 21 August. Following on after the Public Contracts Regulations 2015 now comes the implementation process for one of the other Directives passed at the same time as the one behind the PCR and dealing with concessions. To see the consultation documents click Concessions Regulations Consultation.

Concessions are the type of contracts in which the contracting authority commissions works or services but does not pay for them directly. Instead, the provider gets to keep the proceeds of the works or services and so performs the contract at its own cost and risk for its own benefit. Toll roads and bridges are a common exemple but many regeneration and development projects can fall into this category too depending on how they are structured.

The absence of direct payment does not prevent the procurement rules from applying and so the new Regulations will be as significant as the ones from February this year when they take effect.

Keep an eye on the Forbes blog for more on the draft Regulations, the consultation process and moves towards new legislation.

Contact Daniel Milnes at Forbes for advice on procurement matters.

Daniel Milnes

About Daniel Milnes

Dan is a Partner and Head of Contracts & Projects. Dan’s blogs cover the areas in which his specialities lie in commercial, regulatory and governance law which cover a broad range of matters dealing with contracts, projects, corporate and group structures, funding and compliance with a range of legal regimes including data protection. This also involves writing and advising on various forms of commercial contracts including joint ventures, development and construction agreements and intellectual property contracts including IT agreements, sponsorships and other rights licensing arrangements.
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