PART 6Miscellaneous
Certain pre-existing contracts27.
The application of regulation 9 (duration of public service contracts) to certain pre-existing contracts is limited as follows—
(a)
a public service contract awarded before 26th July 2000 on the basis of a fair competitive tendering procedure may continue until it expires;
(b)
a public service contract awarded before 26th July 2000 on the basis of a procedure other than a fair competitive tendering procedure may continue until it expires, but not beyond 2nd December 2039;
(c)
a public service contract awarded on or after 26th July 2000 and before 3rd December 2009 on the basis of a fair competitive tendering procedure may continue until it expires, but not beyond 2nd December 2039;
(d)
a public service contract awarded on or after 26th July 2000 and before 24th December 2017 on the basis of a procedure other than a fair competitive tendering procedure may continue until it expires, provided it is of limited duration comparable to the durations specified in regulation 9;
(e)
a public service contract for public passenger transport services by rail directly awarded on the basis of a procedure other than a fair competitive procedure on or after 24th December 2017 and before 3rd December 2019 may continue until it expires, but may not have a duration longer than 10 years except where regulation 9(2) or (3) applies, and
(f)
notwithstanding paragraphs (a) to (e), any public service contract referred to in this regulation may continue until it expires where its earlier termination would entail undue legal or economic consequences.