European Communities (Award of Contracts by Utility Undertakings) (Review Procedures) (Amendment) Regulations 2015

• Jurisdiction: Ireland
• Citation: IR SI 193/2015
• Year: 2015

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 15th May, 2015.

I, BRENDAN HOWLIN, Minister for Public Expenditure and Reform, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), and for the purpose of giving further effect to Council Directive 92/13/EEC1 , as amended by Directive 2007/66/EC2 , hereby make the following regulations:

Citation

1. These Regulations may be cited as the European Communities (Award of Contracts by Utility Undertakings) (Review Procedures) (Amendment) Regulations 2015.

Definition

2. In these Regulations the “Principal Regulations” means the European Communities (Award of Contracts by Utility Undertakings) (Review Procedures) Regulations 2010 ( S.I. No. 131 of 2010 ).

Application of Regulations

3. Subject to Regulations 6(4) and 7(2), the amendments effected by these Regulations, in so far as they relate (in any respect) to, or operate in consequence of, an application under Regulation 8 of the Principal Regulations, shall apply irrespective of whether the particular application under that Regulation was made on or before, or is made after, the date of the making of these Regulations.

Amendment of Regulation 2 of the Principal Regulations

4. Regulation 2 of the Principal Regulations is amended, in paragraph (4), by substituting “in accordance with Regulation 6” for “in accordance with paragraphs (2) and (3) of Regulation 7”.

Amendment of Regulation 5 of the Principal Regulations

5. Regulation 5 of the Principal Regulations is amended by inserting the following after paragraph (4):

“(5) For the avoidance of doubt, nothing in the subsequent provisions of these Regulations enables a Court to make an order permitting a reviewable contract to be concluded during the period specified in paragraph (1).”.

Amendment of Regulation 8 of the Principal Regulations

6. (1) Regulation 8 of the Principal Regulations is amended, in paragraph (1)(a), by substituting “an order to correct an alleged infringement or prevent further damage” for “interlocutory orders with the aim of correcting an alleged infringement or preventing further damage”.

(2) Regulation 8 of the Principal Regulations is further amended by substituting the following for paragraph (2):

“(2) If a person applies to the Court under paragraph (1), the contracting entity shall not conclude the contract until—

(a) the Court has determined the matter, or

(b) the Court gives leave to lift any suspension of a procedure, or

(c) the...